Kizilyaprak demands to be tried again under the new terrorism law. Article 8 of the Turkish terrorism law was deregulated in February 2002, as part of a series of EU reforms. Kizilyaprak, who has applied to the European Court of Human Rights, faces prison sentence since October 26, 2001.
Will the journalist be imprisoned?
Kizilyaprak was charged with disseminating "separatist propaganda," by being the editor of and writing articles for "Kurds from 1900 to 2000," a chronological album prepared by the "Ozgur Bakis" newspaper.
An Istanbul court on August 8, 2000 sentenced the journalist to a year and four months in prison and fined him 1 billion 612 million Turkish lira. (USD 1000) The album was confiscated on February 2, 2000, before it was distributed. The prison sentence and fine handed out to the album's editor Kizilyaprak was approved by the supreme court of appeals on May 14, 2001.
With CGD's support, Kizilyaprak's sentence was delayed
Kizilyaprak applied to the attorney generalship on June 26, 2001 to have the sentence delayed. He was free for only four months. The Contemporary Journalists' Association (CGD) paid a bail of 500 million Turkish lira necessary to delay the sentence. Kizilyaprak paid the fine of 1 billion 600 million Turkish lira himself.
The journalist waited for the regulations made to the terrorism law, which made it a crime to express thoughts with assertions of "separatist propaganda."
However, the regulations were in the exact opposite direction of what Kizilkaya had expected: While the fines were increased ten times, visual expressions were made elements of separatist propaganda.
Kizilkaya applied to the ECHR
Because he had exhausted his means in Turkey, Kizilkaya applied to the European Court of Human Rights. He will apply to the attorney generalship next week with demands of being retried despite the inadequacies in the reforms.
The journalist is not hopeful
Kizilyaprak does not seem to have much hope. Before Kizilkaya, journalist Fikret Baskaya had tried for six months to be set free and tried again under changes made to the Constitution. Baskaya was not set free before serving his sentence.
Turning Fikret Baskaya down
Journalist Baskaya was also charged with disseminating "separatist propaganda," and was sentenced to a year and four months in prison. The Supreme Court of Appeals approved his sentence in January 26, 2001, and Baskaya was sent to prison.
The international journalists group, Journalist Without Borders (RSF), had brought Kizilkaya and Baskaya's situation to Gunter Verheugen's_ member of European Commission responsible for enlargement_ attention.
Who is Zeynel Abidin Kizilyaprak?
Journalist Kizilyaprak remained in prisons in Adiyaman and Mersin for five and a half years because of a political case in 1980.
Kizilyaprak, who was the director of Pelesor publishing, was sentenced to 6 months in prison and fined 50 million for "disseminating separatist propaganda," by publishing a book called "The Memories of a Soldier." Kizilyaprak's sentence was delayed for four months. He was charged again under the regulated terrorism law in 1995 and was acquitted.
Kizilyaprak, who was detained in 1997 and remained in Gebze prison for two and a half months, was charged because of a written document found during a search at his house, but was acquitted.
Kizilyaprak will be imprisoned for the third time if legal attempts do not yield a positive result. (NK/EA/NM)
