(ARTICLE 19/IFEX) – ARTICLE 19 is expressing its grave concern at a number of recent events in Turkey. Despite repeated promises from successive Turkish governments that the long-term practice of prosecuting and imprisoning people in Turkey for the non-violent exercise of their right to freedom of expression will cease, such cases continue. There have been […]
(ARTICLE 19/IFEX) – ARTICLE 19 is expressing its grave concern at a number
of recent events in Turkey. Despite repeated promises from successive
Turkish governments that the long-term practice of prosecuting and
imprisoning people in Turkey for the non-violent exercise of their right to
freedom of expression will cease, such cases continue. There have been a
number of these cases recently involving journalists and writers.
**Updates IFEX alerts as noted in text**
On 12 March 1999, Yilmaz Odabasi, a prize-winning poet, writer and
journalist was sent to Bursa prison to serve an eighteen-month prison
sentence for “insulting Mustafa Kemal Atatürk” in a book of his poetry
published in 1996. The charges were brought under “The Law to protect
Atatürk” of 25 July 1951 (see IFEX alert of 11 June 1999).
On 19 May, the journalist and writer Oral Calislar was sentenced to thirteen
months’ imprisonment and a large fine for “spreading separatist propaganda”
after publishing an interview he conducted with the leader of the illegal
Kurdistan Workers’ Party (PKK), Abdullah Öcalan, and PKK activist Kemal
Burkay, in a book entitled Öcalan, Burkay and the Kurdish Question (updates
IFEX alerts of 20 May 1999 and 24 July 1998).
On 4 June, Hasan Deniz, editor of the daily newspaper “Özgür Bakis”, was
arrested and charged with aiding an illegal organisation under Article 169
of the Turkish Penal Code. The charge appears to be based on an article the
paper published on 3 June which reported on a statement by supporting the
call by arrested PKK leader Öcalan for a peaceful solution to the ongoing
struggle between the PKK and the Turkish state. Öcalan’s appeal was widely
reported on by both Turkish and international press but only Deniz was
arrested and charged, presumably because “Özgür Bakis” is seen by the
Turkish authorities as a pro-Kurdish oppositional paper (see IFEX alert of 9
June 1999).
On 10 June, hearings began against Andrew Finkel, a freelance USA journalist
who has for many years been based in Turkey and writes for the USA “Time”
magazine and the British daily “The Times”. He is accused under Article 159
of the Turkish Penal Code of “insulting the Turkish army” on account of an
article published in the Turkish daily “Sabah”, where he wrote that the
Turkish army engaged in operations against the PKK in Sirnak, was “a long
way from being an army of occupation.” The hearing was adjourned until 16
November (see IFEX alert of 11 June 1999).
ARTICLE 19 notes Minister of Justice Adaelet Bakanligi’s welcome
participation, in his capacity as then defence minister and former human
rights minister, in the conference Media, Elections and Freedom of
Expression which was hosted by the Contemporary Journalists’ Association
(ÇGD) in conjunction with ARTICLE 19 in Istanbul on 30 and 31 January 1999.
At that conference these issues were widely discussed and there was
unanimous agreement that the practice of trying and convicting journalists
in Turkey for practising their profession in line with internationally
accepted standards should immediately cease, and that Turkey ‘s domestic
legislation like Article 159 and “The Law to Protect Atatürk” should be
repealed.
Recommended Action
Send appeals to the justice minister:
on Human Rights and Fundamental Freedoms (ECHR), to which Turkey is a party
legislation, but under Article 90 of the Turkish Constitution, such
international treaties have the force of law within Turkey, and Turkey is
legally bound to incorporate the Convention into its domestic legislation.
It is clear that Article 159 of the TCK, along with such legislation as “The
Law to Protect Atatürk”, contravene Article 10 of the ECHR dealing with
freedom of expression, and have no place in a democratic society
continue the past unacceptable practice in Turkey of prosecuting journalists
and editors for reporting the views of those the state sees as hostile, and
thus not clearly differentiating the views of a particular journalist from
those he or she is writing about
practices and bring Turkey into line with current European norms
Appeals To
His Excellency Hikmet Sami Türk
Minister of Justice
Adaelet Bakanligi
06440 Bakanliklar
Ankara, Turkey
Fax: +90 312 4191696
>
Please copy appeals to the source if possible.
