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We are writing you today to express our deep concern about continuing restrictions on freedom of expression in Turkey. The prosecution of journalists and writers for expressing their views has helped to foster a climate of hostility against those who ask critical questions about the status quo in Turkey. The murder of Turkish-Armenian journalist Hrant Dink has deepened our concerns.

Human Rights Watch welcomes the recent acquittal of Fatih Taþ (charged under article 301 with “insulting Turkishness”), Perihan Maðden (charged with attempting to influence a fair trial under article 288) and Ýpek Çalýþlar (charged with insulting the memory of Atatürk under Law 5816), among others. However, we are concerned that many writers, journalists, publishers, and human rights activists continue to face prosecution and conviction under the Turkish Penal Code (TPC) and Anti-Terror Law for their peaceful speech and expression.

As you know, we have written to you before about your government’s prosecution of peaceful expression and urged you immediately to abolish article 301 and similar provisions. But the situation appears to be worsening rather than improving. According to the BIA (Independent Communication Network) Media Monitoring Report, a total of 293 journalists, publishers, and activists were prosecuted in 2006 compared to 157 in 2005. The number of the people tried under article 301 rose from 29 in 2005 to 72 in 2006. Others have been prosecuted for free expression under the Turkish Penal Code (including articles 312, 216, 288), the Anti-Terror Law, and the Law on Crimes against Ataturk.

There have been numerous prosecutions, convictions, and investigations reported in recent months, including:

  • Journalist Sinan Kara charged under article 301 of the TPC for “publicly insulting the military forces of the state.” Kara is being prosecuted for two articles he wrote, which were published in the Ülkede Özgür Gündem (Free Agenda in the Country) daily newspaper on September 22 and 26, 2006. In the articles, he criticized the power of the military saying in one that “in Turkey, the Army is above the law.” The next hearing is set for May 17, 2007.
  • The former Chairwoman of the Human Rights Association (HRA) Istanbul Branch, Eren Keskin, was convicted on January 23, 2007, of “insulting state, military and security forces” under article 159 of the former TPC for a speech she made in 2002 in which she said “torture is a state policy in Turkey.” The Tunceli Criminal Court of First Instance gave her a six month prison term, commuted to a fine of 900 YTL (approximately US$640).
  • Sýrrý Öztürk, the owner of Sorun Publishing House, and the author Osman Tiftikçi are currently on trial under article 301(2) of the TPC over the book Osmanlý’dan Günümüze Ordunun Evrimi (The Evolution of the Army from the Ottomans to Today). The case was launched by the Chief of Staff of the Turkish Military, who claims that the book “publicly insult[s] the military forces by the means of press.” The next hearing is set for May 8, 2007.
  • Birgül Özbarýþ, a reporter with Ülkede Özgür Gündem, faces charges over articles and interviews she wrote on the issue of military service and conscientious objection. Özbarýþ is being prosecuted under article 318 of the TPC for “alienating the public from the institution of military service.” The cases have been referred to the Istanbul High Criminal Court. At the time of this writing, no date for the hearing had been announced. Özbarýþ faces up to 21 years imprisonment if found guilty of all charges.
  • Reyhan Yalçýndað Baydemir, a lawyer and vice-president of the HRA, is being prosecuted for “influencing the judiciary” under article 277 of the TPC. The charge arises from comments she made after a court hearing during the prosecution of six people for burning a Turkish flag in 2005 in Mersin. Yalçýndað said, “these kids were not aware of the offence, we urge that they be released, and we consider this to be a conspiracy.” On March 29, 2007, the Tarsus High Criminal Court rejected the case against Baydemir for lack of evidence. However, the prosecutor will now challenge the court’s decision and ask the Ministry of Justice for permission to proceed with the trial, which is required to proceed with the prosecution of a lawyer.
  • Mehdi Tanrýkulu, owner of Tevn Publishing, is being prosecuted under articles 7 (2) and 6 (2) of the Anti-Terror Law for “propagandizing and helping terrorist organizations” for publishing a book by Dr. Ergün Sönmez entitled "Kapitalizmin Emperyalist Sürecinde Kurt Özgürlük Hareketinde PKK'nin Rolu” (Kurdish Independence Movement and the Role of PKK in the Age of Capitalist Imperialism). The case has been adjourned until July 11, 2007 by the Istanbul 14th High Criminal Court so that Kurdish translators can be provided. Tanrikulu has asked to make his defence in Kurdish.
  • In December 2006, the Istanbul 11th High Criminal Court opened a case against Cengiz Kapmaz, a reporter with Ülkede Özgür Gündem, under article 7(2) of the Anti-terror law, for an article published in the paper in June 2006. The article was based on an interview Kapmaz conducted with Orhan Doðan, a former DEP (The Democracy Party) member of parliament. Kapmaz is accused of "praising the PKK leader Öcalan and [the] PKK" in the article, which was entitled “Allow the PKK to into the National Assembly.” On February 16, 2007, the court adjourned until May 18 in order to allow Orhan Doðan to be called to testify.
  • Belma Akçura was convicted on December 19, 2006 of insulting Nevzat Bor “through the press” under article 125 of the TPC. The charge is based on her book How the Deep State Became the State, which refers to a number of killings and to the alleged links between the intelligence agencies, the mafia, and nationalist groups in Turkey. The Ankara 2nd Criminal Court of First Instance sentenced Akçura to a 3-months prison term, commuted to a fine of 1.800 YTL (approximately $1280).
In addition to the cases discussed above, many other cases implicating freedom of expression are ongoing in Turkey. As of this writing, trials were pending or ongoing against writers, publishers, and artists Ragýp Zarakolu, Ahmet Önal, Ferhat Tunç, journalists Tuncay Özkan, Adnan Bulut, Cüneyt Arcayürek, Ýrfan Uçar, Gökhan Gencay, the Mayor of Diyarbakir Osman Baydemir, and Hüseyin Akyol , the chief editor of “Ülkede Özgür Gündem.”

The persistent indictment and prosecutions of writers, journalists, and activists not only violates their right to peaceful expression, but also helps to foster an environment of hostility against them. Prior to his murder, Hrant Dink had been prosecuted three times, one of which resulted in his conviction under article 301 of the TPC for “insulting Turkishness” and was given a six-month suspended prison sentence. Human Rights Watch is deeply concerned about the risk of such violent attacks against the other persons being prosecuted under similar articles.

The legal pressure applied through the courts on newspapers and magazines also remains a serious concern:

  • In November 2006, the newspaper Ülkede Özgür Gündem was closed for 15 days by the Istanbul 10th High Criminal Court after it ruled that the paper had violated article 6 of the new Anti-Terror Law by allegedly conducting propaganda for the PKK and praising crimes committed by the PKK in 13 of its issues. The paper had already been closed once before in August 2006.
  • The Istanbul 12th High Criminal Court issued a confiscation order for the November 27 and 28, 2006 issues of the newspaper Toplumsal Demokrasi (Social Democracy) over a news report titled “PKK Bir Anlam Hareketidir” (PKK is a Movement of Sense). The court ruled that the news report praised the PKK and the crimes committed by it.
  • The Istanbul 13th High Criminal Court recently issued two separate orders to suspend the print of the daily newspaper Gündem for 30 days. The court ruled that the newspaper violates article 25 of the Press Law for “praising a crime and a criminal.” The charge is given over the reports "Öcalan is poisoned", "Kalkan: large numbers join the Guerillas", and "Kurds Appeal for Öcalan" published on March 2 and 5, 2007.
  • The newspaper Azadiya Welat was banned by the Diyarbakir 5th High Criminal Court for 20 days starting on March 22, 2007, due to reports and pictures that appeared in the March 13, 14, 17 and 19, 2007 issues of the newspaper. The court ruled that the newspaper violates article 6(5) of Anti-Terror Law for “praising crime and criminals, inciting to crime and propagandizing for a separatist terror organization,” with reference to the activities of the PKK.
These cases raise serious concern that Turkey is failing to comply with its international obligations to guarantee the fundamental right of freedom of expression and of the press.

In a letter addressed to you in June 2006, Human Rights Watch noted that your own private prosecutions of those who criticize you as Prime Minister not only violate Turkey’s obligations under international law but also raise doubts about your commitment to freedom of expression. Unfortunately, instead of abolishing article 301 and other provisions of the TPC that violate freedom of expression, you have continued to use these provisions against your critics.

In September 2006, journalist Erbil Tuþalp of Birgün was convicted in a case brought by you for “severe violation of personal rights” and ordered by the Ankara 25th Civil Court of First Instance to pay you 5,000 thousand YTL (approximately $3,570). Similarly, you have recently filed 3 lawsuits against journalist Tuncay Özkan, for assaulting your personal rights in his speeches and in an interview published in the daily Vatan on December 18, in which he answers the question “Why his own supporters do not want Erdoðan to become the president?”, Özkan replies “because they know the assets he owns” (Mallarýný biliyorlar da ondan).

You filed another lawsuit against journalist Mehmet Temoçin Sucu and Ýbrahim Yýldýz over a report in daily Cumhuriyet, entitled “CHP (Republican People’s Party) MP Koç: Prime Minister is making a U-Turn.” The journalists are charged under article 125 of the TPC for “insulting through the press.” The next hearing before the Istanbul 2nd Criminal Court is set for April 6, 2007.

The trial of cartoonist Mehmet Caðcað will continue on April 18, 2007. Caðcað is charged with “severe violation of personal rights” for portraying you as an insect in a cartoon published in the July 7, 2006 edition of Leman Magazine.

The Turkish government has the legal obligation to ensure the full exercise of the right to free expression in compliance with European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights.

Human Rights Watch is concerned that the various prosecutions detailed above are aimed at limiting public discourse on particularly sensitive or controversial subjects, and preventing greater public scrutiny and criticism of the conduct of Turkish state institutions. We are also concerned that government pressure on the media may lead to a pattern of self-censorship.

We urge you to abolish article 301 and similar provisions of the Penal Code and Anti-terror Law that allow for the prosecution of writers, journalists, and activists for the exercise of their right to free expression, and to drop all personal prosecutions against them.

Sincerely,

Holly Cartner
Executive Director
Europe and Central Asia Division
Human Rights Watch

Cc:
Ambassador Nabi Þensoy, Embassy of the Republic of Turkey
Mr. Abdullah Gul, Deputy Prime Minister, Foreign Minister and State Minister with responsibility for human rights
Mr. Cemil Cicek, Justice Minister, Ankara
Mr. Abdulkadir Aksu, Interior Minister, Ankara
Mr. Mustafa Taþkesen, Human Rights Presidency, Office of the Prime Minister
Mr. Christian Danielsson, Acting Head of Turkey Unit, European Commission
Ambassador Marc Pierini, EU representation in Ankara
Ms. Ahmet Aydin Dogan, Director for Political Affairs, Secretariat General for EU Affairs, Ankara

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