(ARTICLE 19/IFEX) – ARTICLE 19 is expressing its concern at a number of recent cases concerning Koray Düzgören, a Turkish journalist who in the past has suffered from unofficial pressure from the Turkish military on account of his journalistic work. On 9 March 1999 he was sentenced to two months’ imprisonment, along with the popular […]
(ARTICLE 19/IFEX) – ARTICLE 19 is expressing its concern at a number of
recent cases concerning Koray Düzgören, a Turkish journalist who in the past
has suffered from unofficial pressure from the Turkish military on account
of his journalistic work.
On 9 March 1999 he was sentenced to two months’ imprisonment, along with the
popular singer Nilüfer Akbal, by a military court in Ankara, under Article
58 of the Military Penal Code, for making propaganda against national
conscription. The charges related to the declaration of support he and
Nilüfer Akbal gave to Osman Murat Ülke in “Düsünceye Özgürlük 9”, a pamphlet
highlighting freedom of expression cases (Osman Murat Ülke is a
conscientious objector prosecuted for refusing to perform the obligatory
military service after he had declared his willingness to perform
alternative service instead. He is currently imprisoned). The sentences were
confirmed on 25 May, and on 21 July Düzgören was ordered to go to prison.
ARTICLE 19 is further concerned that civilians have been tried and convicted
by purely military courts. In this context, the organisation notes the
recent move by Prime Minister Sayin Bülent Ecevit’s government to remove the
military judge from the panel of the State Security Courts to bring the
composition of these courts more into line with internationally-recognised
standards for fair trial.
Koray Düzgören is also being tried by the State Security Court in Sanliurfa
for allegedly insulting the state and government. He was charged under
Article 159 of the Turkish Penal Code (TCK) because of statements he
allegedly made at a meeting in Sanliurfa on 20 December 1998 that torture
methods inherited from the Ottoman Empire are systematic in Turkey. The
first hearing took place on 9 February, and the case is continuing. As
ARTICLE 19 has often pointed out in the past, it is clear that Article 159
of the TCK, along with such legislation as “The Law to Protect Atatürk”,
contravene Article 10 of the European Convention on Human Rights (ECHR),
which deals with freedom of expression, and have no place in a democratic
society.
Furthermore, Koray Düzgören is a founder and board member of The Foundation
for the Research of Societal Problems (TOSAV). In its publication of March
1999, there was a final declaration calling for a peaceful democratic
solution to the Kurdish problem in Turkey. As a result, the publication was
banned by the State Security Court in Ankara and all copies were confiscated
before they could be distributed, again in flagrant breach of Article 10 of
the ECHR.
Recommended Action
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of
the European Convention on Human Rights
its standards into its domestic legislation; this is confirmed by Article 90
of the Turkish Constitution which states that such international treaties
have the force of law within Turkey and take precedence over domestic
legislation
practices
which run counter to accepted European and international norms concerning
freedom of expression and to ensure that Turkey fulfils its obligations
under international law
Appeals To
Prime Minister Sayin Bülent Ecevit
Basbakan
Basbakanlik
06573 Ankara, Turkey
Fax: +90 312 417 0476
E-mail: ddlbsl@tccb.gov.tr
Please copy appeals to the source if possible.