Droits de l'Homme / Human Rights

Le gouvernement turc reconnaît l’existence d’un « Deep State »

Le Premier ministre turc Recep Tayyip Erdogan a reconnu publiquement pour la première fois l’existence d’un « état profond » en Turquie. Selon les médias une deuxième personne aurait participé au meutre de Hrant Dink.

Le ministre turc des sports Mehmet Ali Sahin a indiqué qu’il était nécessaire « d’étudier à fond le meurtre ». S’exprimant dans un programme de TV sur le canal Samanyolu, M.Sahin a indiqué que les commanditaires devaient être débusqués. « Je ne trouve pas juste que ce meutre soit considéré comme un simple meutre » a indiqué le ministre ajoutant « il est nécessaire de couper la source de cette eau sale. Ces garçons arrêtés sont des hommes de paille ».

En attendant le premier ministre turc Erdogan a déclaré pour sa part sur Kanal 7 TV qu’il acceptait l’idée de l’existence d’un « état profond ». Indiquant que cet « état profond » existait depuis l’Empire Ottoman, M.Erdogan a souligné qu’il était « nécessaire de le réduire au minimum ». En attendant, Erhan Tuncel, accusé d’être l’un des planificateurs du meurtre de Hrant Dink, est désormais accusé d’avoir été un informateur des fonctionnaires de police de Trabzon selon le quotidien « Sabah ». Arrêté avec Yasin Hayal après l’explosition d’une bombe devant un McDonald à Trabzon, Erhan Tuncel aurait accepté d’être un informateur en échange de sa liberté, proposition faite Ramazan Akyürek, le chef de la police de Trabzon à ce moment-là.

N’ayant pas prévenu la police du projet d’attentat Erhan Tuncel est désormais suspecté d’avoir participé au meurtre du prêtre italien Andréa Santoro à Trabzon en 2004. La police étudierait les similitudes entre le meurtre de Hrant Dink et celui du prêtre italien. (Stéphane/armenews, 30 janvier 2007)

Human rights groups: Annulling 301 not enough

To draw attention to alleged human rights violations, two prominent non governmental organizations, the Turkish Human Rights Foundation (HRFT) and the Human Rights Association (IHD), on Friday sent letters of protest to both Turkish and international officials.

In a letter to Prime Minister Recep Tayyip Erdogan, HRFT head Yavuz Onen reminded the premier that since the assassination of journalist Hrant Dink the freedom of speech issue had started to be discussed in relation to the Turkish Penal Code's (TCK) Article 301.

"Through the constitutional amendment realized on Oct. 17, 2001, many positive steps were taken in terms of democratization, but in the last year these steps stopped and even deteriorated," said Onen in the letter, explaining that they were trying to draw the prime minister's attention to the issue.

Onen said that human rights problems in Turkey are discussed concerning the evaluations of other countries and that is the Turks who have to pay a grievous cost. "This is both woeful and thought provoking," he said in the letter.

"Claiming that freedom of speech can be realized through annulling Article 301 or amendments is not only pointless but also flippant," he said. "Of course amendments regarding Article 301 will be a very important step. However, this step should be taken not due to the suppressions or demands of other countries, but it should be taken as it's a very important step for the democratization of Turkey."

Addressing the premier, Onen stated that changing articles one by isn't sufficient since following a change in one article considered an obstacle to freedom of speech another is substituted.

"There are at least 14 articles in the TCK that can be a substitute for Article 301, besides the Anti-Terror Law, Law to Protect Ataturk, Press Law and the Supreme Board of Radio and Television Law have a restrictive character," he said. "Limiting the human rights concept with freedom of speech or discussing only Article 301 means that we take democratization as an image on the way to the European Union."

Onen also criticized the premier by saying that not maintaining communication with human rights associations is one of the major deficiencies of their government. "Not making an attempt to open investigations into some officials is also thought provoking. In a country where the officials uttering the statements below continue in their posts, expecting the protection of human right values is only a dream," said Onen. He also cited a statement by Governor of Trabzon Huseyin Yavuzdemir scolding a far left group that distributed banners advocating further rights for prisoners but was attacked by a mob in 2005. "The group unfurled a banner. If I knew who they were, I'd have shot them," Rize Mayor Halil Bakirci was quoted as saying about the events.

Onen closed the letter by saying, "You were talking about replacing the current Constitution with a more participatory one and you promised to take the ideas of all sectors of society. Yet, your government hasn't kept its promises for the last four years."

IHD members march to UN office

Members of the IHD claimed in their letter presented to the United Nations Turkey Representative office that there has been a serious deterioration in the situation for human rights advocates in Turkey.

Gathering in front of the IHD's headquarters in the capital's Tunali Hilmi Sk., members of the association marched through the Karum shopping mall to protest a lack of measures for the protection of human rights advocates in Turkey.

IHD head Yusuf Alatas claimed that human rights advocates are constantly under threat. "No preventive steps are taken to protect these people, yet human rights advocates will continue their struggle," he said.

Afterwards, members of the association marched to the UN Turkey Representative office and presented the letter and a file to Hina Jilani, UN human rights advocates' special rapporteur. (The New Anatolian, 27 January 2007)

Fin de grèves de la faim après le changement dans le régime carcéral

Un avocat turc, qui jeûnait depuis 293 jours pour protester contre le régime d'isolement carcéral turc, a mis fin à son mouvement après que les autorités eurent décidé d'assouplir les conditions des détenus, a-t-on appris mardi auprès de son entourage.

Behiç Asçi, un avocat de 40 ans, a immédiatement été hospitalisé à Istanbul, a précisé à l'AFP le président de l'association turque des droits de l'Homme (IHD), Yusuf Alatas.

M. Asçi, devenu figure emblématique du mouvement de protestation contre le régime d'isolement carcéral, avait cessé de se nourrir mais continuait d'absorber de l'eau salée, sucrée et enrichie de vitamines pour rester en vie.

Il aurait perdu une trentaine de kilos.

Dans une circulaire publiée lundi, le ministère de la Justice a annoncé que les détenus des prisons de haute sécurité, dites de "type F", pourront se regrouper par dix personnes au maximum pendant 10 heures par semaine.

Une soixantaine de membres d'organisations d'extrême-gauche ont perdu la vie à la suite d'un vaste mouvement de grève de la faim, déclenché en octobre 2000 dans les prisons turques pour protester contre un changement des conditions de détention.

Un millier de prisonniers avaient alors cessé de s'alimenter pour dénoncer la mise en service de cellules pour une à trois personnes dans les prisons, destinées à remplacer les vastes dortoirs de plusieurs dizaines de détenus où les mutineries et prises d'otages étaient fréquentes.

Les détenus affirmaient que ces nouvelles conditions aggravaient les risques de désocialisation et de mauvais traitements des gardiens.

Le gouvernement a exclu un retour à l'ancien système des dortoirs, mais les dernières mesures adoptées, saluées par les organisation de défense des droits de l'Homme, devraient permettre, mêmes partiellement et sous conditions, des activités communes afin de sortir les détenus de leur isolement.

Commentaire du CLEA: Bahar Kimyongür, qui a consacré ses six dernières années à essayer de sauver ces vies sera certainement râvi lorsque son épouse lui donnera, ce mardi 23 janvier, à la prison de Gand, la nouvelle de cette victoire. Nous sommes certains que ces journées en prison seront un peu plus supportables dorénavant… (AFP-Clea, 22-23 janvier 2007)

La Turquie une nouvelle fois condamnée pour mauvais traitement

La Cour européenne des droits de l'homme a condamné une nouvelle fois mardi la Turquie pour des mauvais traitements infligés par des policiers et des gendarmes à un détenu soupçonné d'appartenir à l'organisation kurde illégale, le Parti des travailleurs du Kurdistan (PKK).

Les juges de Strasbourg ont accordé 15.000 euros à Veli Tosun, 41 ans, membre du PKK et détenu à la prison de Diyarbakir, qui se plaignait d'avoir été roué de coups par les policiers d'Istanbul et les gendarmes à son arrivée à la prison de Diyarbakir (sud-est), en juillet 1999.

Placé en garde à vue le 22 juillet 1999 dans les locaux de la sûreté d'Istanbul, Veli Tosun avait été transféré à Diyarbakir où un examen médical révéla ultérieurement une ecchymose couvrant entièrement le biceps gauche.

Suite à sa plainte, une procédure pénale fut ouverte. Une partie des gendarmes mis en cause furent acquittés mais l'affaire est toujours pendante concernant les autres gendarmes impliqués.

En l'absence d'explication sur la cause des lésions constatées, la Cour européenne estime que la Turquie porte la responsabilité de ces blessures et conclut que le requérant a subi un traitement inhumain et dégradant, en violation de l'article 3 de la Convention, une violation maintes fois constatée en Turquie par les juges européens.

La Cour note aussi dans son arrêt que la détention provisoire du requérant pour appartenance au PKK dure à ce jour depuis plus de sept ans et quatre mois, une durée qui n'est pas justifiée par les circonstances.

Les juges européens ont de ce fait conclu à la violation du droit à la liberté du requérant ainsi qu'à son droit à un recours effectif. (AFP, 16 jan 2007)

HRW: Turkish Government Reluctant on Rights in 2006

Human Rights Watch emphasized the question of leadership in its recently released World Report 2007.

Unless a new leader emerges in this time of diminished US credibility, the tyrants of the world will enjoy free rein. Both EU members and democratic governments of the developing world have found safety in numbers, the ease of hiding in the pack when the going gets rough, the organization said.

The report is HRW's seventeenth annual review of human rights practices around the globe. It summarizes key human rights issues in more than 70 countries worldwide, drawing on events through mid-November 2006.

Following is a summary of comments from the report, regarding Turkey.

Disproportionate Use of Lethal Force

There was a sharp increase in indiscriminate and disproportionate use of lethal force by security forces in dealing with protestors, as well as during normal policing. In March youths attending the funerals of PKK militants clashed with police, throwing stones and petrol bombs.

During the ensuing street battles in Diyarbakır and other cities police fired bullets, gas grenades, and stones at rioters, killing eight people, including innocent bystanders and four children under 10 years of age. In other incidents during 2006, police shot and killed 13 persons either in error or because they were deemed not to have heeded orders to stop.

Instead of conducting an inquiry into the use of lethal force resulting in these deaths, in June the government amended the Anti-Terror Law, authorizing security forces "to use weapons directly and without delay."

Torture and Ill-Treatment in Police Stations

Reports of torture and ill-treatment remain much lower than in the mid-1990s. However, during the March disturbances in Diyarbakır, hundreds of people were detained and allegedly tortured, including approximately two hundred children.

Almost all those detained during this time reported being beaten, stripped of their clothes, hosed with cold water, or deprived of food.

Freedom of Expression

More than 50 individuals were indicted for statements or speeches that questioned state policy on controversial topics such as religion, ethnicity, and the role of the army. The government failed to abolish laws that restrict speech.

In April an Adana court sentenced broadcaster Sabri Ejder Öziç to six months of imprisonment under article 301 of the Turkish Criminal Code for "insulting parliament" by describing a decision to allow foreign troops on Turkish territory as a "terrorist act".

Öziç is at liberty pending appeal. In July the Supreme Court upheld a six-month prison sentence against Hrant Dink, editor of the newspaper Agos (Furrow), under article 301 for "insulting Turkishness" in an editorial concerning the 1915 massacres of Armenians in Anatolia. The sentence was suspended, but other speech-related charges against Dink are pending. In September British artist Michael Dickinson was imprisoned for two weeks and subsequently deported for publishing a collage showing Prime Minister Erdoğan as US President Bush's poodle.

İpek Çalışlar, biographer of Latife Uşaklıgıl, first wife of Mustafa Kemal Atatürk, founder of the Turkish republic, is on trial under the Law to Protect Atatürk. In a newspaper interview, Çalışlar had related an anecdote, supposedly shameful, that Kemal had donned his wife's hijab once in 1923 to escape an armed rival.

Minority Rights

The Supreme Council for Radio and Television finally took the important step of permitting television and radio broadcasting in Kurdish, although only for one hour a day. Other restraints on minority languages in the public arena remain.

In April, for example, a Diyarbakir court closed the Kurdish Democracy Culture and Solidarity Association (Kürt-Der) for infringing the Associations' Law by conducting its internal business in Kurdish.

Human Rights Defenders

Human rights defenders are routinely placed under surveillance, often prevented from holding public events, and routinely prosecuted for various speech and assembly offences. In March Eren Keskin, president of the Istanbul Human Rights Association (HRA), was sentenced to 10 months of imprisonment, converted to a fine, for "insulting the armed forces" because she had publicized sexual assaults of women by soldiers.

In October Diyarbakır Criminal Court sentenced Rıdvan Kızgın, former Bingöl HRA branch president, to three years and nine months of imprisonment for "aiding an illegal organization" because he had prepared a report on the killing, apparently by security forces, of five villagers in Yumakli village in Bingöl in 2003.

Right-wing groups disrupted activities by human rights organizations, including a press conference on internal displacement organized by the Turkish Economic and Social Studies Foundation (TESEV) in July. Also in July, Ayhan Bilgen, president of the Association for Human Rights and Solidarity with Oppressed People (Mazlum-Der) asked for police protection after receiving death threats from the Turkish Revenge Brigade (TYT), which were similar to threats that preceded a near-lethal attack on HRA president Akın Birdal in 1998.

Internal Displacement

The Turkish government has failed to facilitate the return of the estimated 378,335 internally displaced persons (IDPs) from the southeast who were forced by the army to flee their villages during the armed conflict with the PKK in the 1980s and 1990s. The government has failed to rehabilitate the basic infrastructure of most villages destroyed by the army during the conflict; many villages have no electricity, telephone access, or schools.

What is more, the security situation in some regions remains poor; the 58,000 village guards-Kurds armed and paid by the government to fight the PKK-often occupy or use vacated lands, and have killed 18 people, including would-be returnees, in the past four years.

IDPs who do return to their villages cannot afford to rebuild their homes or re-establish agriculture. A 2004 compensation law, which could have provided the financial means to support IDPs who want to return to their villages, has been interpreted and applied by some provincial compensation commissions so as to pay derisory sums (often as low as US$3,000) or exclude eligible IDPs from compensation altogether.

Bombings by Military and Illegal Opposition Groups

In November 2005 grenades thrown into a bookshop in ?emdinli, Hakkari province, killed one man and wounded eight. Local people captured three gendarmes in the vicinity. Gendarmes in an armored vehicle fired on the crowd at the scene of the crime, killing another man. In June Van Criminal Court sentenced two of the gendarme officers to 39 years imprisonment for the murder and for forming a gang.

Bombings in western Turkey by the Kurdistan Freedom Falcons (TAK) killed eight and injured scores, while the right-wing TYT claimed responsibility for a bomb in Diyarbakyr that killed 11 people, including seven children. The identity and status of these groups is unclear, but they pose a significant threat to Turkey's fragile reform process.

Freedom of Religion

Women who wear the headscarf for religious reasons are still denied access to higher education, the civil service, and political life. However, during 2006 the ban was applied much more broadly than only to state institutions. In late 2005, the Administrative Supreme Court upheld a ruling that Aytaç Kılınç, a teacher, could not be promoted because she wore a headscarf when she was not on school premises. Officials also barred mothers who wear the headscarf from accompanying their children to school ceremonies and swimming pools; lawyers and journalists were ejected from courtrooms and public meetings at universities because they refused to remove their headscarf.

Key International Actors

Turkey's European Union (EU) candidacy remains the most effective international factor in fostering respect for human rights in the country. EU Enlargement Commissioner, Olli Rehn, repeatedly emphasized the commission's commitment to Turkey's integration in Europe, while frankly addressing shortcomings in reform. The EU Progress Report on Turkey published in November referred to the "significant political influence" exercised by the military and suggested that military leaders should confine public statements to military and defence matters. The report criticized continuing violations of freedom of expression and concluded that Turkey had made little progress in ensuring the rights of minorities.

In September the Council of Europe's Committee for the Prevention of Torture (CPT) reported on its December 2005 visit to Turkey. It noted "encouraging" signs in the fight against torture, but expressed concern about continued cases of abuse, which included beatings and squeezing of testicles, in some police stations. The CPT also criticized the widespread use in mental institutions of electroconvulsive therapy without anaesthetic and muscle relaxants, and recommended the introduction of a comprehensive mental health law.

During 2006 the European Court of Human Rights issued approximately 200 judgments against Turkey for torture, unfair trial, violations of free expression, extrajudicial execution, and other violations. In January, for example, the court found the Turkish government had violated the right to life of Fahriye and Mahmut Mordeniz, a married couple who "disappeared" after being taken from their Diyarbakyr home by police in 1996 (Mordeniz v. Turkey).

Turkey was visited by three UN human rights monitors in 2006. The UN special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Martin Scheinin, visited the country in February. Commenting on the situation in the southeast, he noted that Turkey's experience shows that "certain counter-terrorism measures taken by the State may have consequences that are incompatible with human rights." Scheinin also expressed concern about the overly broad definition of terrorism in Turkey's anti-terror act.

In May Yakin Ertürk, the special rapporteur on violence against women, visited Turkey specifically to investigate the reported frequent incidents of suicide among women and girls in some parts of the country, and found that "the patriarchal order and the human rights violations that go along with it-for example, forced and early marriages, domestic violence, and denial of reproductive rights-are often key contributing factors to suicides of women and girls in Southeast and Eastern Turkey." At the conclusion of its visit to Turkey in October, the UN working group on arbitrary detention expressed "great concern" about the fact that the new legislative safeguards against torture and arbitrary detention introduced in 2005 did not apply to individuals held on suspicion of terrorism related crimes, creating "in practice two criminal justice systems in Turkey." (BIA News Center, January 15, 2007)

Investigation on Prison Massacre Can Begin After Six Years

Istanbul regional administrative court gives way for an investigation into security forces' operation in prison facilities in December 19, 2000, which left 32 people dead. The court overturned the governorships rejection for an administrative investigation for a third time.

The security operation, ironically named "Return to Life", was aimed at breaking resistance of political prisoners against the new F-type facilities. Activists and NGO reports say gross human rights violations were committed during the operations.

Before and after the operations 122 people died in hunger strike, protesting the isolation of convicts in F-type facilities. Lawyer Behic Asci still continues his hunger strike. While the government is still resistant to act for improving the conditions in facilities, several members of the cabinet met with the demanders in recent days for a solution.

The court took into account the complaints of the convicts about security forces who attended the operation. Following the complaints, a preliminary administrative investigation was done; where the security personnel said that the convicts resisted the evacuation, used peers as human shields and sparked an insurgence. They rejected claims of use of disproportional force and said they only followed orders.

Concerning the incidents in Bayrampasa facility in Istanbul, the governorship rejected further investigation, as it's necessary to take its consent for trial of public servants. The court overruled that decision as unlawful and against the procedure. (BIA News Center, January 10, 2007)

Physicians' Association:  F-Type Prisons Are Inhuman

A committee of doctors from the Turkish Physicians' Association (TTB) paid a visit to the Tekirdag F-type prison facility and shared their observations.

The committee made up of Prof. Gencay Gursoy, Dr. Ali Cerkezoglu, Asst. Prof. Dogan Sahin, Dr. Zeki Gul and architect Tores Dincoz said isolation practices on convicts exist.

They were able to walk around the facility and make face-to-face interviews with the convicts and concluded that the "treatment and correctional practices in the facilities have negative effects on human health".

The committee lists their suggestions as follows:

* A reasonable number of convicts would be able to meet in common places for a reasonable time and this should be recognized as a right.

* Architectural, administrative and procedural changes should be done to avoid isolation of convicts.

* UN's Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment should immediately be incorporated into domestic law

* For a transparent approach and public control in facilities, a member from the Bar Association and Pyhsicians' Association must be included in Prison Watch Committees. (BIA News Center, January 8, 2007)

Prime Ministry’s human rights body under fire for inaction

A 27-month-long break is difficult to comprehend for an advisory board established to give civil society a say in efforts to improve human rights, especially since the hiatus has occurred in Turkey, a country that has pledged its dedication to European Union-inspired reforms aimed at improving those very same rights.

The board in question is the Human Rights Advisory Board (IHDK), a name that became well known following its release of a report titled "Minorities and Cultural Rights" in autumn of 2004. The then-head of the board, legal specialist Professor Ibrahim Kaboglu, resigned in February 2005, attracting heavy and public criticism from those among his former colleagues angered by the report.

Kaboglu, along with former sub-commission chairman Baskın Oran, who were both charged with "inciting people to hatred" and "openly belittling judicial organs" due to passages in the report, were found not guilty on the first charge in May 2005, with the court dropping charges over insulting "Turkishness" due to the Justice Ministry's failure to approve the case.

Not only was the case eventually dropped, but the IHDK itself fell from the agenda, despite the human rights issue maintaining a high profile, particularly the infamous Article 301 of the Turkish Penal Code (TCK) under which Kaboglu and Oran were charged.

EU pressure to scrap or amend Article 301 and the string of intellectuals charged under the same article for denigrating Turkish identity -- Turkishness -- or making comments about the alleged genocide of Armenians at the hands of the Ottoman Empire have kept the issue very much in the public eye.

Yet, some things changed; in addition to Kaboglu and Oran, three members of the IHDK council -- Faruk Öztimur, head of the Turkey Confederation of Disabled People; lawyer Şenal Sarıhan; and lawyer Kemal Akkurt -- also resigned from the board in February 2005 in protest of the government's stance over the report. Öztimur and Sarıhan were serving as deputy chairs of the board.

Another noteworthy change during this 27-month-long break was the head of the Prime Ministry's Human Rights Presidency (BIHB). The former head of the department, Vahit Bıçak, resigned in September 2005. The following month a former inspector for the Interior Ministry, Mustafa Taşkesen, replaced Bıçak via a proxy appointment like Bıçak's. Taşkesen still heads the department.

What does the law say?

Both BIHB and IHDK were established by the same law, Law No. 4643. Under the law, BIHB is established as affiliated to the Prime Ministry and is supposed to coordinate the work of various government agencies in the field of human rights. As for the IHDK, the law says that it will "serve as a link between government bodies and nongovernmental organizations on human rights issues and provide advice to relevant institutions on domestic and international matters with respect to human rights."

IHDK held its first meeting in February 2003 and its last meeting on Oct. 1, 2004.

The regulation governing the establishment, duty and functioning of the IHDK says that the board is supposed to hold three regular meetings every year, to be scheduled in the first week of February, June and October.

"The next meeting was supposed to be held in February 2005, but because of well-known developments, the meeting scheduled for Feb. 4, 2005 couldn't be held," Akkurt, who was also serving as IHDK rapporteur before his resignation, told the Turkish Daily News, in an apparent reference to the high tension over the report at the time.

Noting that, according to the same regulation, if deemed necessary, the board may also hold extraordinary sessions by a call from the responsible minister or the head of the board, Akkurt added: "The fact that the IHDK hasn't been called for a meeting since February 2005 and that a new chair, deputy chairs and reporter have not been elected, meaning that it's not fulfilling the duties assigned by Law No. 4643 and the related regulation, is a violation of both the law and the regulation."

Foreign Minister Abdullah Gül -- who has recently received a letter from the Council of Europe's commissioner for human rights urging Turkey's government to revise the country's criminal code, terrorism law, use of force during protests and prison isolation practices -- apparently hasn't felt the need to call an extraordinary session at any stage in the past 27 months. Gül is also serving as the minister responsible for human rights in the Cabinet.

"The responsibility for the absence of a call for a board meeting lies on the shoulders of the BIHB, which is actually legally obliged to give secretariat service to the board, as well as of the Prime Ministry undersecretary, related deputy undersecretary and the responsible minister, namely Mr. Gül," Akkurt also argued.

Could 'clumsy structure' of the board be an excuse?

Nevertheless, when approached by the TDN, sources close to the BIHB put forth the boards "clumsy structure," consisting as it did of 94 members, as a reason for not holding a meeting in the meantime.

The board is composed of representatives of public institutions and nongovernmental bodies, and Law No. 4643 says it will "make recommendations and present reports on the protection and promotion of human rights."

The same sources added: "There is a study going on for restructuring of the BIHB as well as the IHDK. With the restructuring, this clumsy body will also be rebuilt," without elaborating on what such restructuring would bring in as an advantage.

Yet, although admitting that the current structure of the board may be an issue for discussion, Akkurt strictly rejected the idea of displaying this as a valid reason not having called a meeting.

What is Kaboglu saying?

Although the tone of his voice was extremely gentle as usual, speaking on the telephone with the TDN Kaboglu's feelings of regret and disappointment over the issue was the dominant emotion transmitted across the phone lines.

"The absence of a call for a meeting merely, and unfortunately, displays the insincerity of the government as well as its superficiality regarding the issue of human rights," Kaboglu said first of all.

Turkey is gradually being shifted towards the Russia-Ukraine axis in the field of human rights, when the country's situation both before the Council of Europe and the European Court of Human Rights is taken into consideration, Kaboglu also argued, while emphasizing that the issue concerning BIHB was just another fact supporting his argument that this shift was actually being encouraged via governmental policies.

Then, he explained that a delegation led by Taşkesen held a tour to three EU capitals in autumn 2005. What he heard of a meeting dated September 2005 in Paris apparently was another element supporting his argument.

According to what Kaboglu learned from his French colleagues, the Turkish delegation had asked their French counterparts for assistance in order to establish an "advisory board on human rights." And when the French officials answered their request with a question asking about the fate of the current board, the Turkish delegation claimed that such a board didn't even exist.

"Thus, they have been giving the impression abroad as if the government is willing and energized for doing something new in the field of human rights and as if there is no experience at all in Turkey concerning this issue," Kaboglu said. "Meanwhile, however, they forget that the Europeans know very well about these Turkey's experience [in the matter]."

The professor concluded: "Now disregarding, denying and marginalizing the board has turned into an official lie, sometimes by completely ignoring the presence of the board, sometimes by alleging that the board was not actually independent and sometimes asserting that the board was actually illegal."

Kaboglu's comments when he was elected head of the board in February 2003 seem a fitting conclusion to this article: "The years 2003 and 2004 will be crucially significant for Turkey's integration with the EU, particularly in the field of human rights. This board can play a crucial role in this process. Let's not turn the field of human rights into a field of political struggle. It is a zone for sharing and contributing, not a zone for politics." (Turkish Daily News, Emine Kart, January 7, 2007)

Intellectuals raise voice to support Behic Asci

A group of intellectuals over the weekend visited Behic Asci, who has been on a hunger strike for 277 days to protest F-type high-security prisons in order to voice concerns of his clients spending their time there.

The intellectuals including writer Vedat Turkali, Esber Yagmurdereli, Social Democracy Foundation head Ercan Karakas, Akin Birdal and lawyer Kemal Atac visited Asci at his home in Sisli.

Asci after long oblivion made the headlines late last year when intellectual groups began to visit the dead fasting lawyer. Parliament Speaker Bulent Arinc also met with relatives of the lawyer and urged them to do whatever he can if Asci ends his strike.

"The problems in F-type prisons and cell system are obvious," said Vedat Turkali adding, "Inhumane situations occur due to isolation under safety measures. Prisons must provide at least the minimum livable conditions for prisoners. This time a lawyer who is actually a hero is trying to point out the poor situations. Actually he already won his fight as he moved blind and hearing impaired government to make new arrangements."

"Although Asci's protest might cause his death, he showed whole society the situations in F-type prisons." Akin Birdal explained. "He showed that the F-type prisons are bleeding wounds of Turkey, all by himself. The isolation has to end for a social peace." Birdal also claimed that a general pardon is needed as a first step to re-establish social peace.

Scores of prisoners or their supporters have died in hunger strikes protesting conditions at high security prisons since October 2000 - when authorities began moving prisoners from large wards housing up to 100 people to one- or three-inmate cells. Authorities said the large wards were unruly and had become recruiting centers for terrorist groups.

The protesters drink tea, sugared and salted water and take minerals to help prolong the strike. (The New Anatolian with Anka, 8 January 2007)

Human Rights at Halt in Turkey in 2006

Human rights activists say 2006 was a year of losses and apathy and they have no positive insight into 2007 either. Social peace, struggle against the reigning culture of violence and fight for social rights are among the priorities for them in 2007.

International Federation of Human Rights vice chair Akin Birdal, Human Rights Association (IHD) chair Yusuf Alatas, The Human Rights Foundation of Turkey (TIHV) chair Yavuz Onen, Association for Human Rights and Solidarity with the Oppressed (MAZLUMDER) chair Ayhan Bilgen, Helsinki Citizens' Assembly director of immigrants support programme Ozlem Dalkıran and IHD executive committee member Feray Salman summoned up the developments to bianet as we leave 2006 behind.

Birdal: Kurdish conflict must be solved

Birdal starts of by saying that the unsolved Kurdish problem continues to lay the ground for rights violations.

"Promoting, protecting and improving human rights is possible only in an environment where there's no violence. Only by then we can start talking, discussing freely", he adds.

Globalization's having a negative affect on rights related issues says Birdal, noting the escalating wave of violence in the Middle East. He warns that upcoming presidential and general elections in Turkey may cause political crises and this may hinder the democratic process.

"Because the individual, political rights and freedoms are defied, we can't even begin discussing on cultural, economic and social rights. However, all research show us that -especially in Eastern Turkey- poverty is frighteningly paramount".

Bilgen: Reform of prison facilities

Bilgen presents an optimist view: the ceasefire declared by the pro-Kurdish guerillas and the series of acquittals on freedom of expression cases could be noted with smiling faces in 2006.

On the other hand, the continuing hunger strikes and demands of reform in prison facilities needs urgent attention. Bilgen says, a reform on electoral procedures, which would allow a fairer representation in the parliament, is also needed.

Alatas: Social rights neglected

Alatas says that 2006 was lost with regard to human rights and he listed the priorities in 2007 as follows:

* We have to interrogate the reasons why social peace isn't established. We need to find ways to voice peace as loud as the ones that fight because peace is a problem of people, not governments.

* Society as a whole must begin a struggle against violence. That is domestic violence, violence on the streets, violence towards children as well.

"While there's not a hierachy between human rights, when everybody's concerned about their very livelihood in an environment of conflict, poverty, hunger, injustices are neglected. All NGO's and organizations must collaborate for social rights".

Anti-capitalist struggle

Feray Salman agrees: "In 2007, we need for and most a political will committed to human rights. Without such, all steps are doomed to be pragmatic, unsustainable. We've to approach our problems on rights bases".

Evaluating developments on a global scale as well as national, Yavuz Onen thinks 2006 led to the clarification of sides on the scale of freedoms and human rights.

In consequence, 2007 will witness a harsh struggle to shift the balance between those powers, those sides.

Onen approaches the issue with a critical look on global capitalism, noting that abondoning the social welfare state and replacing it with plain market economy took all rights as back as possible.

"Capitalism neglects right to education, health or environmental issues. We've to bring forward waht's neglected and a political organization is urgent to this end".

Finally, Ozlem Dalkıran mentions two positive developments in 2006: UN's initiative to put into force the International Treaty on the Commerce of Weapons and legislative precautions against violence towards women and children.

"Government is trying to take some steps but they have to work with rights organizations on this road". (BIA News Center, Tolga KORKUT, January 4, 2007)

European Human Rights Commission urges Turkish reform

In a letter to the Turkish Foreign minister, the European Human Rights Commissioner urged Turkey's government to revise the country's criminal code, terrorism law, use of force during protests and prison isolation practices.

The letter, dated two weeks ago -- a copy of which has been obtained by the Turkish Daily News -- praised Turkey's reform in recent years to improve fundamental rights and freedoms and its continued campaign against violence to women.

Commissioner Thomas Hammarberg requested that Foreign Minister Abdullah Gül keep him informed on Turkey's reassurances to amend or repeal Article 301 of the Penal Code (TCK) which, as he wrote "has led to numerous prosecutions for the mere expression of peaceful opinion"

The commissioner also asked for clarification on the disbarment of Van Regional Prosecutor Ferhat Sarıkaya after he implicated the current Chief of General Staff Yaşar Büyükanıt in the November 2005 bombing of a bookshop in the southeastern border down of Şemdinli. The charges against Büyükanıt were later dropped.

Referring to a Turkish hunger striker's protest against prison isolation practices, the letter called on Gül to consider the recommendations to Turkey made last year by the European Committee for the Prevention of Torture. One week later Turkish Parliament Speaker Bülent Arinç met with the family of the striker and promised to meet with the justice minister about conditions in Turkey's F-1 type prisons. No such meeting has yet been announced.

Hammarberg underlined the commission's concern that Turkey's expansion of its terrorism law "continues to be broad and unclear" and threatens the legal justification required for criminal law. The letter also warned that any practice of detaining suspects "incommunicado" for the first 24 hours and restricting their right to immediate legal counsel may reverse Turkey's successful efforts in reducing torture and ill treatment in detention sites. (Turkish Daily News, January 4, 2007)

Pression sur les médias / Pressure on the Media

Menacé de mort, Orhan Pamuk annule un voyage en Allemagne

Menacé de mort comme le journaliste Hrant Dink, le romancier turc Orhan Pamuk, prix Nobel 2006 de littérature, a été obligé d'annuler un voyage prévu à partir de vendredi en Allemagne, a indiqué mercredi son éditeur allemand Hanser, sans donner la raison de cette décision.

Le voyage de Pamuk a été reporté à une date indéterminée, a indiqué le service de presse de l'éditeur munichois, refusant de confirmer une information du quotidien Kölner Stadt Anzeiger de mercredi selon laquelle le voyage du romancier a été annulé pour des raisons de sécurité.

Orhan Pamuk devait être fait docteur honoris causa par l'Université libre de Berlin vendredi, avant de lire des extraits de ses oeuvres dans la capitale allemande puis à Hambourg (nord), Cologne (ouest), Stuttgart (sud-ouest) et Munich (sud).

Le romancier a été menacé de mort récemment par l'un des suspects dans le meurtre du journaliste turc d'origine arménienne Hrant Dink. Yasin Hayal, 26 ans, qui aurait fourni l'arme du crime au meurtrier du journaliste, avait lancé "Orhan Pamuk doit prendre garde" le 24 janvier à son entrée dans un tribunal.

Selon des sources des services de sécurité citées par le journal allemand, la menace concernerait tous les déplacements de l'auteur de "Neige" et du "Livre Noir", cible des milieux nationalistes turcs pour ses prises de positions sur le conflit kurde et la question arménienne.

Il a été poursuivi pour "dénigrement de l'identité nationale turque" après avoir affirmé dans un magazine suisse en février 2005: "Un million d'Arméniens et 30.000 Kurdes ont été tués sur ces terres, mais personne d'autre que moi n'ose le dire". Les poursuites ont été abandonnées début 2006.

Hrant Dink, qui a toujours défendu sa nationalité turque, s'était attiré les foudres des cercles nationalistes pour avoir dénoncé le génocide arménien de 1915-1917 que la Turquie nie catégoriquement. Il a été tué le 19 janvier devant le siège de son journal bilingue Agos.

Le nombre des journalistes emprisonnés s'élève à 21 à la fin de janvier

La Plateforme de solidarité avec les journalistes emprisonnés (TGDP) a annoncé que le nombre des journalistes emrpisonnés en Turquie s'élève à 21 à la fin de janvier 2007, malgré la mise en liberté du journaliste Memik Horuz le 30 janvier 2007 de la prison type-F à Bolu. Horuz est resté dans la prison  pour une durée de 5 ans et 9 mois en raison d'un reportage qu'il avait fait  avec la guérilla kurde pour le journal Isci-Köylü.

La grande majorité de ces journalistes avaient été arrêtés lors des opérations précédentes lancées en vertu de la loi anti-terroriste contre les publications comme Atilim, Özgür Halk, Genç Bakis, Dayanisma et Özgür Radio, considérées proches des organisations de gauche illégales.

Voici la liste de 21 journalistes se trouvant acutellement dans les prisons turques:

Emin Orhan, Atilim, la prison type-F N°2  à Tekirdag
Halil Dinç, Özgür Radio, la prison type-F N°2  à Tekirdag
Sinan Gerçek, la prison type-F N°2  à Tekirdag
Özge Kelekçi, Atilim, la prison spéciale à Gebze
Mustafa Naci Toper, Atilim, la prison type-D à Diyarbakir
Mehmet Güzel, Atilim, la prison type-E à Gaziantep
Serdal Işık, Atilim, la prison type-D à Diyarbakir
Ibrahim Cicek, Atilim, la prison type-F à Tekirdag
Sedat Senoglu, Atilim, la prison type-F à Edirne
Füsun Erdoğan, Özgür Radio, la prison spéciale à Gebze
Hasan Coşar, Atilim, la prison type-F à Sincan
Ziya Ulusoy, Atilim, la prison type-F à Tekirdag
Bayram Namaz, Atilim, la prison type-F N°1 à Edirne
Suat Kolca, Özgür Halk et Genç Bakis, la prison type-F à Edirne
Yasar Duman, Özgür Halk et Genç Bakis, la prison type-F à Edirn
Selahaddin Sumeli, Özgür Halk et Genç Bakis, la prison type-F à Edirne
Mahmut Bozdag, Özgür Halk et Genç Bakis, la prison type-F à Edirne
Erol Zavar, Odak, la prison type-F à Sincan
Hatice Duman, Atilim, la prison spéciale à Gebze
Mustafa Gök, Ekmek ve Adalet, la prison type-F à Sincan
Baris Acikel,  Isci Köylü, la prison type-F N°1 à Kandira

 
La TGDP appelle toutes les organisations de la presse et des droits de l'Homme à participer dans la campagne pour la lutte contre les lois liberticides et à envoyer des messages de voeux et de solidarité aux journalistes en prison.

e-mail: tutuklugazeteciler@mynet.com
gsm: 90-535929 75 86
Fax: 90-212-514 68 77

New campaign: Would you participate in Dink's Crime?

The Initiative for Freedom of Expression is broadening the civil disobedience campaign launched earlier for Hrant Dink:

I AM TOO HRANT DINK.

I agree with his words quoted below and considered as crime, I want to be tried too.

1. Quoted from the decision of 9th. Penal Department of Highcourt which approved six months prison sentence for Dink: (This decision was approved by General Assembly of Penal Departments and got finalised despite the objection of the chief prosecutor.)

“There is no doubt that the phrase ‘The fresh blood that would replace the poisoned blood that Turk would bleed out, exists in the noble vein of Armenian that he would form with Armenia’ is an insult to Turkishness.”

2. Dink’s words that were published in the 21.07.2006 dated issue of Agos paper and led to the ongoing trial in Sisli Primary Court Nm. 2: (The next hearing is on 22 March 2007 at 10.00 am.)

“Ofcourse I say that it was a genocide since the consequences reveal and define it anyway. We see that the people who had lived on this land for four thousand years disappeared during the incidents.

You will find the list of people already signed this text. [The editors of Info-Türk, Dogan Özgüden and Inci Tugsavul too have signed the text.]

If you want to join please send an e-mail to
info@antenna-tr.org
mentioning your name, profession and position.

What should be done for civil disobedience?

We do not have a lot of time in these days of intense emotional reaction, to produce something more powerful than mere words and condemnations. Collecting all signatures at a center would be useful for publicity yet to turn it into a civil disobedience action this should be organised in a decentralised way around smaller centers for speed and practicality.

This the proposal:

Groups of close contacts and friends can write down the charged statement, add their names, addresses and signatures, go to the nearest justice hall and inform the prosecutors.

And you too can be Hrant Dink. The system would collapse if the number of Hrant Dinks are in 100, 1000, 10.000, 100.000s and this would be the end of article 301. We, as many Hrant Dink can reinstate the dignity of our country by such mass movement which has been shattered through his murder.

Keep this in mind

* Do not forget to take your ID with you while going to the justice hall, go with your lawyer if possible.
* If you get a “we can not accept this” response do insist. Not accepting an application is a violation of a right secured by the constitution, it is a crime.
* The prosecutor on duty would refer your application. Ask them to take your statement as you are there. Or they would need to call you again in the future.
* You might be asked if you are doing this for the sake of freedom of expression. Or they might try to intimidate you saying things like “Do you know that this means prison?” trying to change your mind. Do not answer too much detail. (They might look for reasons to drop the application). Just say “I agree with these words and signature is mine” and use your right to keep silent for the rest.
* After you give your statement do not forget to note the registration number to make it clear to the prosecutor that you will follow it up.
* Do not forget to inform us so we report you on the website and everyone gets encouraged finding out about the others. (antenna-tr.org, January 29, 2007)

Turkish TV series 'Valley of the Wolves' promote violence

Top Turkish TV series "Valley of the Wolves," whose portrayal of alleged "deep state"-mafia ties hit a responsive chord with viewers, also ends up promoting violence, according to a new study by a young scholar.

Zeynep Gultekin from Gazi University's Radio, Television and Cinema Department did her master's thesis on the series, examining the "mafia series as a product of pop culture."

The thesis said state-mafia relations became the subject of several Turkish TV series after the 1996 Susurluk accident. This awakened suspicions of covert sub-states (or gangs) inside the state carrying out operations which affect daily life and politics. In the accident, a car crashed with a truck, and three of the car's passengers died at the scene: Abdullah Catli, a heroic figure for nationalists, Sedat Bucak, a tribal leader from Turkey's Kurdish-dominated regions, and Huseyin Kocadag, head of Istanbul's Police Department.

The thesis studies how the "Valley of the Wolves" relates violence and nationalism to pop culture.

Gultekin studied 55 episodes of the series for its relation to pop culture, characters, presentation of violence and nationalism, and TV's role in reflecting the truth

" 'Valley of the Wolves' reflects violence as an inevitable and indispensable part of social life while violence, either explicitly or implicitly, is used as a tool to reach characters' objectives," it said.

In the 55 episodes examined, Gultekin found 145 instances of curses and insults, 296 shouting incidents, 174 threats, 149 insinuations, 113 denigration, 124 humiliating remarks, and 122 instances of mocking.

The thesis underlined that violence and its methods were clearly shown in the series, as in only 55 episodes weapons were used 145 times. Furthermore in 226 scenes weapons were shown, in 111 clashes occurs, 411 people were shown being killed, and 152 were shown injured. Gultekin also counted 137 attacks, 147 beatings, 155 slaps, 110 acts of torture, three rapes, 191 acts of harassment and four kidnappings.

Gultekin argued that the series highlighted nationalistic ideologies by using crescent, flag and map images. She also counted nationalistic elements within 55 episodes. The Turkish flag appeared in 216 scenes, while Turkish maps appeared in 299 scenes and the crescent was seen in 117 scenes.

According to the thesis, words relevant to nationalistic ideologies were also used hundreds of times. "State" was used 246 times, while both "country" and "nation" were uttered 128 times. "Turkey" and "freedom" were said 163 and 112 times respectively.

"Polat Alemdar is the protagonist of Valley of the Wolves, with his bravery, good will, and self-sacrificing and honest character," said the thesis. "Alemdar always wears a black suit and white shirt, drives luxury cars and shows the gun he carries in nearly every scene, and he is depicted as a 'character with positive values' since he can do anything for his nation."

Gultekin claimed that the series even praises violence and carrying arms.

In her thesis' conclusion, Gultekin argued that pop culture works must be prepared with utmost care as televisions are instruments of mass communication. "These products must be evaluated carefully. Such pop culture products must show the real dimensions of problems while developing alternative solutions," it said. "By all means, violence must not be viewed as a solution to any problem." (The New Anatolian, 27 January 2007)

Police Protection to Seven Writers

Police department assigned personal protection for seven journalists that are "threatened by terrorist organizations".

The declaration came following Turkish-Armenian writer Hrant Dink's assassination last Friday.

PM Recep Tayyip Erdogan ordered that official police protection should be secured to such individuals independent of their demand for it.

Police forces were criticized for lack of protection for Mr. Dink, who became a target for nationalists because of his words on the Armenian genocide and the prosecution that came after.

Police protection is assigned to Etyen Mahcupian, the new editor-in-chief of Dink's Agos newspaper; Nobel laureate novelist Orhan Pamuk, who was also targeted for his words on the Armenian genocide claims; daily Hurriyet columnist Ahmet Hakan, novelist Elif Şafak, daily Radikal's editor-in-chief İsmet Berkan, daily Sabah columnist Soli Ozel and Yeni Safak commentator Fehmi Koru.

Despite the attempt, there're many more writers and journalists who're threatened and soen't figure on the list.

Sabri Ejder Ozic, who was convicted of the article 301 of the Penal Code and Necati Abay, who received death threats following his comments on Hrant Dink's assassination are two examples. (BIA, Erol ONDEROGLU, January 25, 2007)

301 Amendment Postponed till after the Elections

EU Representative of Turkey Volkan Bozkır told British Financial Times daily that amendment of article 301 would not be realised before coming general elections in November. High level members of the governmental party AKP confirmed this information.

It has been suggested that the government’s postponement of article 301’s amendment is based on fears of losing nationalist votes before the elections and the opposition inside the party playes a role too. It is expected that if AKP succeeds to remain in office it would replace the phrase “insulting Turkishness” in article 301 with “insulting Turkish nation” to prevent arbitrary charges against intellectuals.

The latest amendment work on article 301 was a meeting where prime minister Erdoğan met with labour and bussines organisations on 5 November 2006 in Istanbul. Erdoğan asked the representatives of the organisations to suggest a practical proposal. The organisations met four times to agree on an amendment proposal yet they could not reach an agreement. Erdoğan postponed the amendment till after the elections using the disagreement as a pretext. (antenna-tr.org, January 18, 2007)

RSF: Historia consacré aux intégrismes interdit en Turquie  

Début janvier 2007, l’édition du bimestriel français Historia Thématique, consacré aux intégrismes (« Les intégrismes : les grandes religions face à leurs vieux démons ») a été interdite en Egypte, en Tunisie et en Turquie. 

« L’interdiction d’un média au seul motif qu’il est susceptible de choquer les sensibilités religieuses, même de la majorité de la population, est une pratique archaïque, que nous ne pouvons que condamner avec vigueur», a déclaré Reporters sans frontières.

Le 10 janvier, les autorités tunisiennes ont déclaré que le magazine était interdit en raison d‘une image où figurait le prophète Mahomet, « formellement interdite  en Islam et pouvant heurter les sentiments religieux des Tunisiens». Cette illustration provient pourtant d’un manuscrit du Coran enluminé, datant de 1583 et conservé au Musée des arts turcs et islamiques à Istanbul. Par ailleurs, le numéro de janvier du mensuel Historia, contenant une illustration représentant Mahomet sous des traits partiellement animaux (queue de poisson et des plumes) a pu, lui, paraître sans aucune restriction.

Contacté par Reporters sans frontières, Pierre Baron, directeur de la rédaction d’Historia, a déclaré que cette réaction était révélatrice du climat d’intolérance actuel. Il a précisé que le numéro incriminé revient également sur les intégrismes chrétiens et juifs, et rappelé que la rédaction du magazine avait jugé pertinente la réalisation d‘un numéro sur les intégrismes, dans la mesure où les affaires touchant aux sensibilités religieuses s’étaient multipliées dans le monde.

 Ce n’est pas la première fois que de telles mesures frappent des journaux en Egypte et en Tunisie. Ainsi le numéro du 19 septembre 2006 du Figaro, contenant la tribune de Robert Redeker, y avait été interdit. La Turquie, en revanche, invoque assez rarement le motif religieux pour censurer les médias.  (RSF - Europe <europe@rsf.org>, 12 janvier 2007)

Criminal defamation charges against daily newspaper Kibrisli

The International Press Institute (IPI), a global network of editors, media executives and leading journalists in over 120 countries, deeply concerned over criminal defamation charges brought against Dogan Harman, publisher and editor-in-chief of the daily newspaper Kibrisli, and against the newspaper itself, for allegedly insulting Attoerney General.

According to information before IPI, the charges against Harman and Kibrisli stem from the journalist’s investigative reports about the dealings of a local businessman, which have allegedly inflicted extensive financial damage on several companies and public institutions. In his articles, Harman criticised the apparent inaction displayed by your office in this case. He has also demanded an official investigation in order to ascertain whether serious crimes have been committed.

In a letter to Attorney General, IPI Director Johann P. Fritz says:

"IPI believes that the legal campaign against Harman is part of a campaign of harassment aimed at silencing his criticism of your performance in office.

"If convicted, Harman could face a prison term, a stiff fine, and the closure of his newspaper.

"Criminal defamation and “insult” laws are an anachronism that should be removed from every legal system. Legal remedies already exist in civil libel law to provide recourse for perceived defamation. Moreover, public officials need to be afforded less, not more, protection from defamation than ordinary citizens, if there is to be free and vigorous public debate, which is the hallmark of a democratic society.

"The view that the criminalisation of defamation is illegitimate is shared by the world’s leading courts, including the European Court of Human Rights and the Inter-American Court of Human Rights. The clear trend of their opinions is that defamation should be treated under civil law, not as a criminal offence subject to state punishments.

"With this in mind, IPI calls on you to drop the charges against Harman and to ensure that all criminal laws that hinder press freedom and freedom of expression are removed from the statute books. We further urge you to ensure that the media’s right to report in the public interest is fully protected."  (IFEX-IPI, January 9, 2007)

Censorship on Internet under Article 301 of the Penal Code

A bill has been recently approved in Turkey  as a countermeasure against indecent broadcasting and online gambling. This measure will give  the national Information technology Security Agency the authority to block any broadcast that is believed to threaten state security, as stated in Article 301 of the Turkish Penal Code.

As reported on  January 4th by the Turkish  web newspaper Yeni Safak,  the approval of the bill has re-opened the debate about  freedom of expression on the Internet in Turkey  because according to the new draft , the IT Security Agency will work as a sort of “huge eyes” with the task of suing any violation of the controversial Article 301.

The Article 301 took effect in June 1st, 2005 as part of a package of penal-law reform that were introduced to bring Turkey up to EU standards. It  basically makes it a crime to insult "Turkishness", as it states that:

1. A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be punishable by imprisonment of between six months and three years.

2. A person who publicly denigrates the Government of the Republic of Turkey, the judicial institutions of the State, the military or security organizations shall be punishable by imprisonment of between six months and two years.

3. In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.

4.Expressions of thought intended to criticize shall not constitute a crime. 

Penalties for the transgressors have been summarized into 5 main points (Source: BBC Monitoring European):

1. Insulting the president according to Article 299 of the Turkish Penal Code: between one and four years' imprisonment. If committed via the press then add one third.

2. Broadcasts made over the internet in contravention of Article 301 "Denigrating Turkishness, the republic, the institutions and organs of the state," which so many famous people have been tried under: between six months and three years in prison.

3. Crimes in Chapter 4 of the Turkish Penal Code headed "Crimes Against State Security" if committed via the internet can be punished by up to life imprisonment.

4. Crimes committed against the constitutional regime if committed via the internet will be punished according to Articles 309, 310, 311, 312, 313, 314, 315 and 316 of the Turkish Penal Code and can include life imprisonment.

5. Publishing via the internet terrorist organization announcements and statements according to Article 6 of the Counter- Terrorism Law will incur between one and three years in prison.  

Amnesty International considers that the attempt to draw a distinction between criticism and denigration is highly problematic...especially on the Internet, where people is used to express their opinion quite “freely” in forums, blogs and other digital spaces.

Turkish web surfers are now  seriously threatened by constant intrusions in their private “digital life” and they could be persecuted for any action that in some way could be considered as against “Turkishness”.

We definitely hope that this will not happen, but considering that since this Article became law, charges have been brought in more than 60 cases, we feel quite pessimistic about it.

Among the cases opened under article 301 there are a number of journalists and publishers, and students such as Fatih Tas i a 26-year-old student of Communications and Journalism at Istanbul University and the owner of a publishing house.

Orhan Pamuk (prize winner novelist), is one of these cases. (www.zone-h.org, 8 January 2007)

Orhan Pamuk calls for greater freedom of expression

Orhan Pamuk, the winner of the 2006 Nobel Prize for Literature, was invited to serve for a day as editor-in-chief of the Turkish newspaper Radikal. He used the opportunity to criticise the oppression of Turkish writers, artists and intellectuals.

Pamuk, who got a degree in journalism about 30 years ago but never practiced the profession, dedicated the cover story in Radikal's Sunday (January 7th) issue to the subject of freedom of expression. He cited a headline from the daily Cumhuriyet of 1951 that encouraged readers to spit on one of the most eminent figures in 20th-century Turkish literature -- poet and playwright Nazim Hikmet.

"This expression, which was used beside Nazim Hikmet's picture, summarises the unchanging position of writers and artists in the eyes of the state and press," the story in Radikal read. Hikmet spent years in prison for his views and eventually died in exile.

The article also mentioned other prosecuted intellectuals, including prominent Turkish author Yasar Kemal, who has faced trial over his remarks on the Kurdish rebellion in Turkey's southeast.

Although it has a circulation of only 33,000, Radikal is considered one of the most important intellectual and political newspapers in the country of more than 70 million people.

Other front-page articles in the paper included a piece on the low percentage of women in Turkish politics and reactions to the video footage of former Iraqi dictator Saddam Hussein's recent execution. Another story, running under the headline "One cross, a thousand police," focused on the Orthodox Christmas ceremony in Istanbul.

Pamuk is among scores of artists and intellectuals who have been accused of "insulting Turkishness" under provisions in Turkey's penal code. The charges against him stemmed from comments he made in 2005 regarding the killings of Armenians during World War I and of Kurds in recent decades.

"One million Armenians and 30,000 Kurds were killed in these lands, and nobody but me dares talk about it," Pamuk said in an interview with a Swiss magazine.

His trial drew concerns about freedom of expression in Turkey and prompted condemnation from the EU and rights groups. Shortly after the trial began, the charges against him were dropped on a technicality.

Radikal's editor-in-chief, Ismet Berkan, who invited Pamuk to run the paper for a day, is said to have faced similar charges.

Most of the cases brought under Article 301 in Turkey's penal code -- which makes it a criminal offence to "insult" the republic, parliament or other state institutions -- have ended either with acquittals or dropped charges. Nevertheless, Turkey has been urged to amend or scrap legislation that limits freedom of expression. (AP, AFP, BBC, CBC, January 7, 2007)

Prime Minister asked Journalist Özkan to be retried under 301

Prime Minister Recep Tayyip Erdoğan opened two cases against the owner of KanalTürk TV channel Tuncay Özkan for insulting him in a statement he made at a memorial meeting. Erdoğan filing a complaint and asked Özkan to be tried under TPC article 301.

Erdoğan complained on Tuncay’s speech where he said "WE want early elections to get rid of Tayyip, to stop selling off of the country, corruption, robbery, favoritism... Whay do we want early elections? So that the democracy of murderers and the regime of robbers come to an end... You transfered 128 billion lira into the pockets of your friends in four years.. ". Erdoğan complaint that Tuncay violated his personal rights and insulted him and asked for 10 thousand lira of compensation.

The second complaint by Erdoğan is over Tuncay’s statement to Vatan daiy paper published on 18 December where he anwsered a question: "Why his supporters do not want Erdoğan to become the president?” Özkan said: "They know his wealth". Erdoğan asked 5 thousand lira of compensation for this statement

Erdoğan's attorney also demanded Tuncay to be tried under TPC article 301/2 “insulting the Turlish government”. (antenna-tr.org, January 8, 2007)


TIHV's Report on Recent Pressures on the Media

January 29, 2007

Beaten Journalist on Trial… On 10 October 2006 Sirnak Penal Court of First Instance continued to hear the case against Emin Bal, correspondent with Dogan News Agency and Sirnak Haber daily who had been beaten by police on 10 October 2006 in Beytüssebap district of Sirnak. The case was launched on the allegation of “attacking on police officers”. Police officers Muharrem Basel, Mahmut Ekim and Namdar Kürşat Aydın testified at the hearing to the effect that Emin Bal attacked them both in the yard of the courthouse and at the security directorate. Police chief Dursun Kulfal, police officers Ercan Yayla and Tamer Kiliç who were heard as witnesses alleged that Emin Bal attacked the police officers. Another witness Islam Yigit, correspondent with Dogan News Agency, told that Emin Bal had said him several times that he had been threatened by a police officer nemed Muharrem. The hearing was adjourned to 22 February. Emin Bal had made an official complaint againt the police officers after the incident on 20 October 2006. (TIHV)

Journalist on Trial, Journalists Detained… On 26 January Sisli Penal Court of First Instance No 2 concluded the three cases against Sakine Yalçin, editor-in-chief of the newspaper Alinteri. The court acquitted Yalçin under the Article 301 TPC. Yalçin was sentenced to a fine of 1620 YTL in total under the article 159 of the former TPC in the same three cases. The fine were not suspended. Police raided the office of the Gündem daily in Elazig on 27 January. Elazig Representative of the daily Ali Konar was detained and too many documents were seized. Konar was released after a while. Recep Ektiren, Izmir distributer of Gündem daily who was detained on 25 January was released on 26 January. (26-27-28 January, Atilim)

January 25, 2007

Journalists on Trial... On 24 January, Ahmet Sami Belek, owner of daily Evrensel, and Sahin Bayar, editor-in-chief of the daily, were acquitted at the first hearing of the case launched in connection with the news appeared on 14 September 2006 under the title “JITEM members were called”. The court decided that the news was within the limits of criticism. The indictment wanted the journalists to be sentenced according to the Article 301 TPC. (BIA)

January 22, 2007

Journalist Arrested... Cem Sahin, editor-in-chief of the journals Özgür Halk and Genç Bakis, was arrested for “making propaganda of an illegal organisation” in the December issues of the journals. (20 January, Gündem)

Journalist and IHD Executive on Trial... Public Prosector in Bingöl launched a court case against Rojda Kizgin, correspondent with Dicle News Agency, Rıdvan Kizgin, Chairman of IHD Bingöl branch, and Dogan Adibelli. The indictment wants the defendants to be sentenced according to the Article 301 TPC for “insulting security forces” in the news appeared on 4 January 2005 under the title “Village guards are fishing with the bombs of the state”. The case would commence at Bingöl Peace Penal Court. (22 January, Gündem)

January 19, 2007

Journalists on Trial… On 17 January Dagubeyazit Penal Court of First Instance No 2 concluded the case against the author Bayram Kubilay, author Bayram Kubilay and Ahmet Inan, owner of the newspaper “Ararat’in Sesi (Voice of Ararat)”, launched in connection with the article “Çarsiye Bazide” written in Kurdish and published on 9 September 2005. The court decided in the acquittal of the defendants on the grounds that the word ‘Kurdistan’ in the article was not a matter of crime. The indictment wanted the defendants to be sentenced for “violating the Press Law” and “inciting people to hatred and enmity”. (Gündem)

Journalists on Trial… On 16 January Ankara Penal Court of First Instance No 2 continued the case against Ergun Babahan, author of the daily Sabah, launched on the allegation that he insulted Prof. Dr. Mehmet Haberal, Rector of Baskent University, in his article published on 18 June 2006. The court acquitted Ergun Babahan on the grounds that there was no element of insult in the article and it was within the limit of criticism. (BİIA)

January 9, 2007

Sociologist Deported... Sociologist Kristiina Koivunen, Secretary of Peace Platform for Kurds in Finland, was detained in Van Ferit Melan airport on the grounds that she was banned from entering Turkey. She was taken to Istanbul and deported afterwards. She had written a thesis under the title “The Invisible War in North Kurdistan”. The decision was reprotedly taken relying on negative opinion letters of ministries of Interior and Foreign Affairs. (17-22 December, Milliyet)

Paper Confiscated... The paper “Kuzey Anadolu”, published in Ardahan, was confiscated on order of Ardahan Peace Penal Court for “making propaganda of an illegal organisation”. The decision was reportedly taken on the grounds that the name of Democratic Society Party was written on 28 December as Democratic Terror Party. (1 January, Hürriyet)

Publishers on Trial... On 20 December, Istanbul Penal Court of First Instance No 2 concluded to hear the case against Fatih Tas, owner of Aram Publishing, Amer Faruk Kurhan, editor of Aram Publishing, and translator Lütfi Taylan Tosun and redactor Ender Abaoglu for the publication of Noam Chomsky and Edward S. Herman’s book “Manufacturing Consent: The Political Economy of the Mass Media” on charges of “insulting Turks, Republic and Grand National Assembly of Turkey” according to the Article 301 TPC and “inciting people to hatred and enmity” according to the Article 216 TPC. The court acquitted Fatih Tas, Ömer Faruk Kurhan and Lütfi Taylan Tosun on the grounds that they were not responsible since the writers were not in Turkey. Translator Ender Abadoglu was acquitted on the grounds that the elements of crime had not materialised. (21 December, Radikal)

Journalist in Prison on Trial... Public Prosecutor in Diyarbakir launched a court case against Cengiz Dogan, the editor-in-chief of local paper Mavi ve Kent, on charges of “praising crime and criminal” for using the expression “Sayin (corresponding to ‘esteemed’ or ‘dear’)” when referring to Abdullah Öcalan during a speech he made on 29 September 2006 in the name of the prisoners incarcerated in Mardin Closed Prison. Lawyer Siracettin Irmak announced that the case commenced on 28 December at Diyarbakir Heavy Penal Court No 4. (1 January, Toplumsal Demokrasi)

Journalists on Trial... On 13 December, Sisli Penal Court of First Instance No 2 concluded to hear three separate cases against Ahmet Sami Belek, owner of the daily Evrensel, and editor-in- chief Sahin Bayar in connection with some news and articles published on the daily. The indictment wants the journalists to be sentenced according to the articles 214 (inciting to commit crime), 215 (praising crime and criminals), 216 (inciting people to hatred and enmity) and 301 (insulting state, judiciary and security forces) of the TPC in connection with the news titled “Susurluk Çözülseydi, Semdinli Olmazdi (If the Susurluk Was Resolved There Would Not Be Semdinli)” and “Halk Böyle Ugurladi” and the article of the columnist Ahmet Yasaroglu on Semdinli incident. The daily had been confiscated in connection with the news. The court acquitted the defendant on the grounds that the elements of crime had not materialised. (14 December, Evrensel)

Journalists on Trial... On 19 December, Bagcilar Penal Court of first Instance No 2 concluded to hear the case against the author Ahmet Altan and Necdet Tatlican, editor-in-chief of the daily Hürriyet, launched in connection with Altan’s article “Adını Kaybeden Çocuk (The boy who lost his name)” published on 27 February 2006 on the paper. The indictment wanted the defendants to be sentenced for “trying to affect judiciary”. The court acquitted the defendants at the first hearing of the case. (20 December, Milliyet)

Journalists on Trial... On 19 December, Bagcilar Penal Court of first Instance No 2 concluded to hear the case against the author Ipek Çalislar and Necdet Tatlican, editor-in-chief of the daily Hürriyet, on the allegation of “insulting Atatürk” in connection with the interview with Ipek Çalislar about her book “Latife Hanim (Lady Latife)” published on the daily. The court acquitted the defendant on the grounds that the elements of crime had not materialised. (20 December, Milliyet)

Journalist on Trial... On 19 December, Istanbul Bagcilar Penal Court of First Instance No 2 concluded to hear the case against Abdurrahman Dilipak launched in connection with his article “28 Subatin neresindeyiz” published in the journal Cuma in 2001. The court acquitted the defendant on the grounds that the elements of crime had not materialised. (20 December, Milliyet)

Journalist on Trial... On 20 December, Istanbul Heavy Penal Court No 14 concluded to hear the case against the correspondent Saliha Çolak and Eren Güvener, editor-in-chief of the daily Milliyet, in connection with the news published on the daily under the title “Yagmur Harekati Plani (Plan of Rain Operation)”. The court acquitted Çolak on the grounds that she was just gave infromation to the public and acquitted Eren Güvener on the grounds that editor-in-chief were not responsible according to the amendments made in the Law on Press. The indictment wanted the defendants to be sentenced for “relelasing information related to state security”. (22 December, Milliyet)

Case Against Besikçi... Public Prosecutor in Istanbul launched a court case according to the Artcile 216 TPC against Ismail Besikci and directors of the journal “Esmer” Ferzende Kaya and Mehmet Ali Izmir in connection with an article Besikci wrote. Lawyer Levent Kanat announced that General Staff made a confidential complaint on 19 January in connection with the article “Konusmadik, Bastirdik” by Ismail Besikçi and the article “Hayalet” by Ahmet Kahraman published in Aralik 2005 in the journal. Upon complaint Public Prsecutor in Istanbul wanted Prof. Dr. Mehmet Emin Artuk from Law Faculty in Marmara University to write an expert report on the artciles. Artuk wrote that there werte no elements of crime in the article of Kahraman. He also wrote that the artcile of Besikçi did not included an element of crime according to the Article 301 TPC, but Article 216 TPC (inciting people to hatred and enmity). Bakirköy Penal Court of First Instance started to hear the case on 15 September. Besikçi could not attend the hearing for not having been informed. The court adjourned the hearing to 12 February 2007. (14 December, Evrensel)

Publisher on Trial... A court case was launched against Mehdi Tanrikulu, owner of Tevn Publishing, in connection with the book of Ergün Sönmez entitled “Kapitalizmin Emperyalist Sürecinde Kürt Özgürlük Hareketi (Kurdish Independence Movement in the Age of Kapitalist Imperialism)”. The indictment wants the defendant to be sentenced according to the articles 7/2 and 6/2 of Anti-Terror Law. The case would commence on 30 March 2007 at Istanbul Heavy Penal Court No 14. (20 December, ANF)

Journalist on Trial... Two seperate cases were launched against Cengiz Kapmaz, correspondent with thr closed daily Özgür Gündem. In the case launched in connection with the news under the title “2 bin 555 gün geçti (2,555 days passed)” appeared on the paper on 15 February. Kapmaz wanted to be sentenced according to the articles 215 (praising crime and criminals) and 218. (committing crime by means of press). The other case was launched in connection with the interview with former DEP MP Orhan Dogan. The indictment wants him to be sentenced for “making propaganda of an illegal organisation” according to the Article 7/2 of Anti-Terror Law. Both cases would commence on 16 February 2007 at Istanbul Heavy Penal Court No 11. (29 December -BIA)

Journalist on Trial... A court case was launched against journalist Sinan Kara according to the Article 301 TPC. The case was launched in connection with the news appeared on daily Özgür Gündem on 22 and 26 September under the titles “Kisla Partisi” and “Kadrolu Katiller”. The case would be heard at Beyoglu Penal Court of First Instance No 2. (15 December, Toplumsal Demokrasi)

Publlisher on Trial... On 14 December, Istanbul Penal Court of First Instance No 2 continued to hear the two cases launched against the owner of Belge Publishing House Ragip Zarakolu in connection of the Turkish translation of Professor Dora Sakayan’s book titled “An Armenian Doctor in Turkey: Garabed Hatcherian: My Smyrna Ordeal of 1922 (Bir Ermeni Doktorun Yasadiklari-Garabet Haçeryan’in Izmir Güncesi)” and George Jerjian’s book about Armenian genocide entitled “The Truth Will Set Us Free”. The first case was adjourned to 15 March 2007 to hear the translator H. Zafer Korkmaz. The second case was also adjourned to the same date to investigate whether the book was translated by Atilla Tuygan. In both cases Zarakolu was wanted to be sentenced according to the Artcile 301 TPC. (15 December, Toplumsal Demokrasi)

Journalist on Trial... On 12 December, Istanbul Heavy Penal Court No 9 continued to hear the case against Hüseyin Aykol, editor-in-chief of daily Özgür Gündem, in connection with the interviews he made with the leading members of PKK on Kandil Mountain in Northern Iraq in August 2003. The court adjourned the hearing to 20 March 2007 to wait for the issues of the paper where the interviews were published. The indictment wants Aykol to be sentenced according to the Article 314/2 TPC and Article 5 of Anti-Terror Law. (13 December, Toplumsal Demokrasi)

Journalists on Trial... On 12 December, Sisli Penal Court of First Instance No 2 continued to hear the case against Sarkis Seropyan, owner of the paper Agos, and Arat Dink, editor-in-chief of the paper Agos, and writer Aydin Engin launched on charges of “attempt to effect fair trial (Article 288 TPC). Defence Lawyer Erdal Dogan wanted the court to acquit the defendants on the grounds that there were not sufficient evidences. Complainant Lawyer Kemal Kerinçsiz wanted an expert report on the expressions “organs of judiciary act ideologically and the complainants have a mentality of a child” by the defendants. (13 December, Cumhuriyet)

Journalist on Trial... On 14 December, Malatya Heavy Penal Court No 3 continued to hear the case against the correspondent with Dicle News Agency (DIHA) in Tunceli Rüstü Demirkaya who was arrested on upon the testimony of the HPG militant Engin Korumcu who surrendered to the security forces in Tunceli and 17 persons launched on the allegations of “aiding illegal organization”. Rüstü Demirkaya and 10 defendants were released at the hearing. The court rejected the demand of confessor Engin Korumcu to be released and made an official complaint against him on the allegations of “trying to separate a part of country by means of violent action” (Artcile 302 TPC). (14 December, Toplumsal Demokrasi)

Journalist and Mayor on Trial... On 12 December, Bagcilar Penal Court of First Instance No 2 started to hear the case against Diyarbakir Mayor Osman Baydemir and Cemal Subasi, correspondent with the weekly Tempo, in connection with an interview with Baydemir published on 14 January. In his summing-up the case the Public Prosecutor wanted Baydemir to be sentenced according to the Article 216/2 (inciting people to hatred and enmity) and Article 218 (committing crime by means of mass media). (16 December, Toplumsal Demokrasi)

Journalist on Trial... On 28 December, Ankara Penal Court of First Instance started to hear the case against Umut Güner, editor-in-chief of the journal KAOS GL, in connection with the summer issue of the journal, published by KAOS Gay Lesbian Association, on pornography. The issue was confiscated. Lawyer Oya Aydin stressed the painting “Taner Taner” by Taner Ceylan, which was the reason of the confiscation, was exhibited during the 8th Istanbul Biennale which was sponsored by Prime Ministry and Ministry of Culture. The court decided to hear Taner Ceylan and adjourned the hearing. (28 December, BİA)

Journalist on Trial... On 19 December, Bagcilar Penal Court of First Instance No 2 continued to hear the case against Lube Ayar, correspondent with the daily Milliyet, launched in connection with her articles on killing of Turan Çevik on 9 November 2005. The indictment wants Ayar to be sentenced to fine according to the Article 19 of the Press Law (effecting judiciary). (20 December, Milliyet)

Journal Distributor Detained... Mehdi Aslan, distributor of the journal “Özgür Halk” in Aydin, was detained on 15 December in İncirliova district. (16 December, Toplumsal Demokrasi)