Droits de l'Homme / Human Rights

Why overlook lynch culture?
 
According to Home Ministry’s inspection report, DTP members are to be blamed for the lynch attempt in Adapazarı, on 27 April 2008!..
 
On 27 April 2008, as 'Culture and Arts Festival' organised by Democratic Society Party’s (DTP) Sakarya city organisation was due, a group of 200 ultra-nationalist “ülkücü” (Nazi youth) besieged the venue locking in 1500 people in a hall including DTP MP for Şanlıurfa İbrahim Binici. 65 year old Ebubekir Kalkan had a heart attack in the hall and died. It took the police force six hours to disperse the crowd outside the hall wanting to lynch the ones inside.
 
26 May 2008 – Home Ministry’s inspectors prepared a report on what had happened. The report declared DTP members as “inciters” on the grounds that four days before the festival there had been “funerals of soldiers” and that ‘the city had a nationalist character.’ Report said, despite all contrary statements, that the security forces did their job well. Lynch attempt was described as ‘sensitivity of citizens’ in the report. This was the fifth lynch attempt in Sakarya in the last 3 years and just as the previous ones, nobody has been arrested or prosecuted. The report wrote ‘People of Sakarya could not tolerate actions against the indivisibility of the state.’  Moreover, the report said ‘Ethnic structure of Sakarya played a determining role in lynching and DTP should avoid praising PKK and other improper behaviour which would increase tension among people.’ However, the application to the Governor’s office for the festival i.e. the ‘inciting element’ was made on 22 of April and the Governor’s office replied on 25 April that 27 April would be okay. Hence, the festival was organised and applied for permission before the funerals.

The recent developments reminded other worrying incidents which had taken place in Sakarya in the last 3 years:

12 April 2005 – Members of the Youth Association in Sakarya who protested a lynch attempt in Trabzon were attacked. Police took the members of the association into Telecom building to protect them.

31 March 2006 – Two university students wanting to put up posters of “Mahir Çayan” (revolutionary youth leader of 68) were attacked by 2 thousand people. Police barely saved the victims. The crowd then attacked and trashed DTP office.

08 September 2006 – Four Kurdish workers who arrived in Sakarya to pick nuts were attacked as a result of provocations by fascists. Police arrested the victims again and tried to disperse the lynch attempters by smiling and talking with them.

05 April 2007 - Mehmet Alaca and Senayi İzci from Diyarbakır were attacked by a group of people in Sakarya. Alaca and İzci had T-shirts printed with pictures of Ahmet Kaya (a Kurdish protest musician) on them. Alaca managed to run away while İzci was badly beaten up and saved by police. (antenna-tr.org, May 30, 2008)

Interdiction de Lambdaistanbul: Strasbourg rappelle la Turquie à ses engagements

Le Conseil de l'Europe a appelé vendredi la Turquie à respecter le droit à la liberté d'expression et d'association de la Convention européenne des droits de l'Homme après l'interdiction d'une association de défense des droits des homosexuels.

Le président de l'Assemblée parlementaire du Conseil de l'Europe (APCE), Lluis Maria de Puig rappelle qu'en tant que membre du Conseil de l'Europe, Ankara a ratifié la Convention européenne des droits de l'Homme qui garantit la liberté d'expression et d'association.

"Dès lors toute personne qu'elle soit lesbienne, gay, bisexuelle ou transsexuelle, a droit à la liberté d'expression et à la liberté de réunion sans discrimination", a déclaré M. de Puig.

M. de Puig a dit qu'il restait "perplexe" après les arguments évoqués par le procureur d'Istanbul pour justifier la dissolution de l'association Lambdaistanbul interdite jeudi.

"Il appartient aux autorités d'assurer que toute personne puisse exercer ses droits", a-t-il ajouté.

En Turquie, il n'existe pas de lois protégeant les droits des homosexuels.

Lambdaistanbul fait appel de son interdiction

Une importante association turque de défense des droits des homosexuels a annoncé vendredi qu'elle ferait appel d'une décision de justice décrétant sa dissolution pour atteinte à la morale publique.

Le procureur d'Istanbul a ordonné la dissolution de l'association Lambdaistanbul arguant du fait qu'elle violait une disposition de la constitution sur la protection de la famille et un article du code civil interdisant la constitution d'associations "ayant pour objectif d'enfreindre la loi et la moralité".

Selon Lambdaistanbul, la décision de justice, annoncée jeudi, constitue une atteinte aux droits de l'homme et "une erreur dont nous espérons que la justice la corrigera". L'association a annoncé qu'elle ferait appel et qu'elle poursuivrait ses activités jusqu'à ce que la Cour d'appel ait statué.

Firat Soyle, avocat de l'association, a précisé à l'AFP qu'en 2005 une décision similaire contre un autre groupe de défense des droits des homosexuels, KAOS-GL, avait été cassée par un procureur d'Ankara qui avait estimé que l'homosexualité ne portait pas atteinte à la moralité.

Lambdaistanbul, fondée en 1993, s'est constituée en association officiellement enregistrée en 2006.

Les relations homosexuelles n'ont jamais été criminalisées en Turquie alors que c'est le cas dans d'autres pays musulmans mais il n'existe pas de lois protégeant les droits des homosexuels qui peuvent faire l'objet de réactions de rejet importantes dans la vie quotidienne.

Les homosexuels turcs se montrent toutefois de plus en plus au grand jour depuis quelques années constituant des réseaux et organisant des manifestations publiques au cours desquelles ils s'expriment librement.  (AFP, 30 mai 2008)

Lambdaistanbul fermée pour outrage aux bonnes moeurs

La justice turque a ordonné jeudi la fermeture d'une association de défense des homosexuels, bisexuels et transsexuels, pour outrage aux bonnes moeurs, selon Baran Ergenc, membre de Lambdaistanbul. L'organisation compte faire appel et poursuivre ses activités en attendant.

Le tribunal reproche à l'Association de solidarité Lamba Istanbul pour les lesbiennes, gays, bisexuels et transsexuels de faire état des orientations sexuelles dans son nom. "Si nous retirons les mots de lesbienne, gay, bisexuel et travesti, ce n'est plus une association pour eux", a estimé Baran Ergenc.

L'association a selon lui l'intention de porter l'affaire devant la Cour européenne des droits de l'Homme si la cour d'appel turque maintient la décision du tribunal d'Istanbul.

Les homosexuels sont peu protégés par la loi turque. L'homosexualité, bien qu'elle ne soit pas un crime selon la loi, est largement taboue dans ce pays laïque à majorité musulmane. (AP, 29 mai 2008)

Lambdaistanbul Court Case Decision: What's Next?

On May 29th, 2008, the local court in Istanbul has announced its judgment for Lambdaistanbul LGBT Solidarity Association to be shut down. The legal process will go on with the Supreme Court of Appeals looking over the case file. The association is not yet closed down until there is a final decision by the Supreme Court of Appeals.

Lambdaistanbul, a local organization which has been active since 1993, has been a registered association in May, 2006. However, the City Government of Istanbul has claimed the association's statute to be against the law and public morality, and applied to the prosecutor's office for a closing case against Lambdaistanbul. Although the prosecutor has rejected the case on the basis of freedom of association, the City Government has appealed to the decision, so the issue was taken to court. The proceedings started in July 2007. The sixth hearing of the case was heard on May 29th, 2008 in Beyoglu 3rd Civil Court of First Instance, and the local court has made a decision for Lambdaistanbul to be shut down, despite the legal expert's report which stated that the association is not against the law or public morality.

The way we see this process is that LGBT organizations that currently exist either in practice or as registered entities in Turkey are trying to be "pushed out of the legal domain". Instead of accepting their existence and protecting their basic rights, the state authorities choose to condemn LGBT people, by depriving them of their right to association.

We will go on with our work "to raise our ground of legitimacy through legal recognition", knowing that it is a long road to build the legitimate ground for any struggle of rights.

We call the international community to support us in our work:

1. We invite your organization to sign our press release, which will be issued on Tuesday, June 3rd , to increase national and international awareness on this matter. If you want your organization's name to appear in this press release as a supporter of Lambdaistanbul, please contact us at: lambda@lambdaistanbul.org

2. We will do a demonstration on Saturday, June 7th , to protest against this court decision. We invite you to organize campaigns and demonstrations in your own area, in order to support our cause. If you have any questions, please don't hesitate to contact us at: lambda@lambdaistanbul.org

Lambdaistanbul LGBT Solidarity Association

Tel: +90 (0) 212 245 70 68 Istiklâl Caddesi, Katip Celebi Mah. Tel Sok. No: 28/6 Kat:5 Beyoglu - Istanbul www.lambdaistanbul.org lambda@lambdaistanbul.org

Amnesty International Gets Back Its Bank Accounts After 17 Months

The bank accounts of the Turkish branch of Amnesty International (UAÖ), which had been frozen upon the demand of the İstanbul governorship in January 2007, have been released.

Ville S. Forsman, the director of the Turkish branch, said that the blockage on their accounts have been removed yesterday (May 28), after their application two months ago.

The governorship had claimed that the organization was collecting money illegally.

The trial will continue, according to Forsman, but they will be able to use their bank accounts.

He said, “The three bank accounts that we were using at the time were frozen. Since we are an international organization we were able to continue our activities by opening new accounts. But I do not know how a local organization would have dealt with such a problem.”

Commenting on the incident when it occured, Levent Korkut from Amnesty International had said that they could not even find out the reason behind this implementation for a long time, the officials would not reply to their inquiries.

The organization was also fined in May for the same reason.

According to the information supplied by Korkut at the time, the Turkish branch of Amnesty International has not collected contributions since its foundation, relying only on its membership dues.

Korkut thinks that “As a result of an unlawful implementation, both our freedom of association and our right of property were violated.” (BIA, Erhan ÜSTÜNDAĞ, May 29, 2008

Amnesty International: Violence Increased in Turkey

AI released its 2008 annual report. In the section on Turkey it said:

“In the wake of increased political uncertainty and army interventions, nationalist sentiment and violence increased. Freedom of expression continued to be restricted. Allegations of torture and other ill-treatment and the use of excessive force by law enforcement officials persisted. Prosecutions for violations of human rights were ineffective and insufficient, and fair trial concerns persisted. The rights of refugees and asylum-seekers were violated. There was little progress in providing shelters for victims of domestic violence.”
…

Backgorund

“An atmosphere of intolerance prevailed following the shooting in January of Turkish-Armenian journalist Hrant Dink. From May onwards a marked escalation in armed clashes between the Turkish armed forces and the Kurdistan Workers’ Party (PKK) led to human rights abuses. The military declared temporary security zones in three districts bordering Iraq in June and a further three districts in December.

The inability of parliament to elect a new president resulted in early parliamentary elections in July. The government was re-elected and in August parliament elected Abdullah Gül as President. In September, the government appointed a commission to draft major constitutional amendments. In November, the Constitutional Court began proceedings to ban the pro-Kurdish Democratic Society Party (DTP).

Bomb attacks by unknown individuals or groups on civilian targets killed and injured dozens of people. In May and October, bombs exploded in İzmir, killing two people and injuring many others. In May, a bomb in the Ulus district of Ankara killed nine people and injured more than 100. In September, an attack on a minibus in the province of Şırnak caused multiple casualties.

In December, Turkish armed forces launched military interventions in the predominantly Kurdish northern Iraq, targeting PKK bases.”
…

Freedom of Expression

“The peaceful expression of opinion continued to be restricted in law and practice. Lawyers, journalists, human rights defenders and others were harassed, threatened, unjustly prosecuted and physically attacked. An increased number of cases were brought under Article 301 of the Penal Code, which criminalizes “denigration of Turkishness”, despite national and international opposition to the Article.”
…
“On 19 January, journalist and human rights defender Hrant Dink was shot dead. He had previously been prosecuted under Article 301. The suspected gunman allegedly stated that he shot Hrant Dink because he “denigrated Turkishness”. An estimated 100,000 people attended Hrant Dink’s funeral in an unprecedented display of solidarity. While a police investigation into the murder resulted in a number of suspects being brought to trial, the full culpability of the security services was not examined. In October, Hrant Dink’s son, Arat Dink, and Sarkis Seropyan, respectively assistant editor and owner of the Turkish-Armenian weekly Agos, were convicted under Article 301 and each received a one-year suspended sentence.

In April, two Turkish nationals and a German citizen who all worked for a Christian publishing house in Malatya were killed. The three reportedly had their hands and feet bound together and their throats cut. The trial of people charged in connection with the murders began in November.

Article 216 of the Penal Code, which criminalizes “inciting enmity or hatred among the population,” was applied in an arbitrary and overly restrictive manner.

In November, lawyer Eren Keskin received a one-year prison sentence for her use of the word “Kurdistan.” The sentence was later commuted to a fine of 3,300 liras (approximately US$2,800).

Prosecutions were also brought under Article 7(2) of the anti-terrorism law that criminalizes “making propaganda for a terrorist organization or for its aims”.

In November, Gülcihan Şimşek, a DTP member and mayor of the city of Van, received a one-year prison sentence for referring to PKK leader Abdullah Öcalan as “Mr”.

For Full report see: http://thereport.amnesty.org/eng/regions/europe-and-central-asia/turkey

Citizens will get Transparent Instead of the State

If the draft law “Protection of Personal Information” becomes a law, all personal information of all citizens will be gathered in a pool and access to that information will be made easier under “exceptional cases.”

Security or freedoms, the debate has been on the agenda since after 9/11 and anti-terror measures in the US. Citizenship number introduced in Turkey caused concern first. Now the government submitted another draft on “the protection of personal information” without consulting experts.

AS the commission, talks on the draft it was understood that instead of protecting personal information the draft actually makes it easier to access personal information of citizens.
The draft defines “personal data” as “all information about individuals and organisations” and regulates how this information would be collected and used.

“Race, political opinion, philosophical beliefs, religion, religious order, or other beliefs, membership of association, foundation or trade union, info on health and personal life can not be recorded. However this can be allowed under the provision of the law, for public good or for official tasks.”

This exception is far from being clear and leads to comments that employees or police could have access to personal information. (antenna-tr.org, May 27, 2008)

Remove Article 318 Say The Human Rights Organizations

Seven organizations for defending rights, among which were the Human Rights Association (İHD), Helsinki Citizens Assembly (HYD), the Conscientious Objection Platform, banded together to demand the removal of article 318 of the Turkish Penal Code (TCK), which hands down prison sentences for the crime of “alienating people from military service.”

Arranging a campaign together with the Initiative Against Thought Crime, KAOS GL, Pink Life and Say Stop To Racism And Nationalism, these organizations have collected close to a thousand signatures so far.

İHD Ankara Branch Conscientious Objection Work Group announced that among the signatories are academicians, writers artists and activists such as Adnan Özyalçıner, Akın Birdal, Baskın Oran, Doğan Özkan, Eren Keskin, Halil Savda, Lale Mansur, Mehmet Atak, Mehmet Bal, Mehmet Tarhan, Osman Murat Ülke, Pınar Selek, Sennur Sezer, Şanar Yurdatapan.

İHD also announced that Gökhan Gençay, the editor of Sunday supplement of the newspaper Birgün, is on trial for violating article 301 by publishing an interview entitled “Let us drain the human source of the wars” with the conscientious objector Erkan Bolat on October 30, 2005, and that the hearing will be today (May 21) in the 2nd Criminal Court of First Instance of Beyoğlu at 10:30.

It was stated that although Turkey is a founding member of the European Council, it is the only member among 47 that does not recognize conscientious objection as a constitutional right.

The organizations asked Turkey, which was convicted by the European Human Rights Court (EHRC) at the case opened by conscientious objector Osman Murat Ülke, to keep its promise to the European Council that it would change its laws regarding this subject until 2007.

While demanding that all the obstacles and pressures the conscientious objectors are facing be removed, the 18th article of International Covenant on Civil and Political Rights, and the 9th article of the European Convention on Human Rights are implemented, the organizations also want to stop the merging of article 318 with the prevention of terrorism act in order to raise the sentence for this offense.

The last section of the campaign text is as follows:

“…I declare one more time that I see the acts of disobedience to injustice by those who are facing this charge within the bounds of democratic and free expression of thought and the declaration which is the subject of the September 20, 2007 trial the implementation of this right, and that I support this.”  (BIA, Erol Onderoglu, May 23, 2008)

We Are Asking Civil Society To Inspect The Detention Centers

The head of the Human Rights Presidency of the Prime Ministry of the Turkish Republic (İHB) Hasan Fendoğlu told Bianet that they want the provincial and sub-provincial human rights boards of the non-governmental organizations to participate in the committees that will inspect the police and gendarmerie detention centers.

Fendoğlu stated that they informed all the governorships about their intention that the provincial and sub-provincial human rights boards should visit the detention centers at least once a month without prior notification and that at least one person in a three-person committee must be a member of a non-governmental organization.

Fendoğlu adds, “The representatives from the non-governmental organizations need not be a committee member. If they are denied participation in these committees they should inform us immediately.”

Fendoğlu: In order to stop torture, there needs to be unannounced visits

While Fendoğlu states that the unannounced visits are an important tool in preventing torture, he also reminds that the provincial and sub-provincial human rights boards are headed by governors/assistant governors or sub-provincial governors, and therefore the participation of the non-governmental organizations is needed, since they want these visits to be reliable.

However, visiting the prisons is problematical, since they are under the jurisdiction of the Ministry of Justice; but he said that they do communicate and follow up such intentions by the organizations defending rights to the directorship of prisons.

“We want the Optional Protocol to the Convention Against Torture to be ratified"

Saying that they want the Optional Protocol against torture to be ratified by Turkey, Fendoğlu added that Turkey should be prepared to set up the mechanisms stipulated by this protocol.

The Optional Protocol, which Turkey signed in September 2005 but has not ratified yet, is an instrument aimed at preventing torture and cruel treatment by opening to visitation all sorts of official and unofficial detention and freedom deprivation centers through national and international mechanisms.

“We want 2008 to become the year the human rights were promoted”

This year İHB will organize consulting meetings with non-governmental organizations, the human rights centers of the universities and the journalists. The first one of these meetings took place in Ankara on May 14.

Fendoğlu tells that the meetings are not restricted, but open to everyone.

There will be two consulting meetings, one about the violence against women on June 18 and another one about the prevention of torture and Optional Protocol on June 28, and they are planning to organize a campaign to end violence in schools in autumn.

Stating that the results of the meetings will be presented to the government, Fendoğlu says, “Only seven months are left, but we want 2008 to become the year the human rights were promoted.”

“The human rights must be strong both in public space and in civil society”

According to Fendoğlu, there are more than 20 official human rights units to serve the needs of the public and this multiplicity in numbers diminishes the effect these organizations should have. He added that the human rights units in official/public space need to be autonomous. “We need to work together with civil society.”

“The human rights need to be strengthened in all areas; in the media as well. We want to look into the possibilities of working together. What we are saying is not ‘Let us work under the same roof’, but collaboration. We realize that we are a government body.” (BIA, Tolga Korkut, May 21, 2008)

Turkey Keeps Silent On The Convention Of The Disappeared

The International Convention for the Protection of All Persons from Enforced Disappearance by the United Nations (BM) has been waiting for the signatures of the governments. Together with the US, Israel and Britain, Turkey is not among those 71 countries that have already signed the convention.

The convention needs to be ratified by 20 countries in order to become internationally valid. So far, only Albania ratified the convention on November 8, 2007.

It is a right to learn the fate of the person who has disappeared

The convention not only bans the enforced disappearance, it also stipulates that the governments define this act as a crime in their legal systems. Moreover, it places the common or systematic act of disappearance in the same group with the crimes against humanity.

The convention ensures the rights of both those who disappeared and their families. In these rights, it includes the right to know the fate of the disappeared as well as the compensation for the damage caused.

How many people were victimized by enforced disappearance around the world is not known. It is estimated that there have been between 375 thousand and one million victims in Iraq in conflicts since 1980 and more than 17 thousand people in the former Yugoslavia in conflicts in last ten years. According to Red Cross the number of the disappeared is 22 thousand in Angola alone.

In addition, the enforced disappearance comes with many other violations of rights: one’s security and personal integrity, not to be tortured and treated cruelly, right to a fair trial and right to a family life.

İHD: It is everyone’s job

Human Rights Association at İstanbul (İHD), which had declared the period between May 17 and 31 “the Week of the Commemoration of the Disappeared”, pointed out to the section of the convention that states, “the enforced disappearance will be accepted as a continuing crime until it is brought to light.”

According to İHD, the way to complete freedom from the shame of silence in the case of the disappeared is connected to forming urgently a resolute and efficient mechanism of inquiry and investigation and taking to courts those who are guilty of this crime. “It is everyone’s job.”(BIA, May 20, 2008)

Pinar Selek's never ending trial ordeal
 
On 9 July 1998, TV channels reported an explosion in Istanbul as breaking news. Seven people were killed and 127 injured in an explosion at a historical market place in Istanbul. First news on the incident noted gas leak or a bomb as possibilities. This was going to become a matter of a court case, which has been going on for 10 years.

One day after the explosion, the crime scene report signed by eight explosive experts stated there were no findings of an explosive substance. 11 July dated detailed report repeated it. However, a 10 July dated report written by engineers said that the explosion could not have been the result of a gas leak. In the meanwhile, Pınar Selek was arrested on 11 July over a research she conducted which was found suspicious. In her first interrogation, there was no mention of the explosion in the market place yet later on, she was accused of ‘bombing’ the market place. Leaked information said it was “a PKK bomb” exploded in the market place and Selek was one of the perpetrators. It was claimed that the bomb had been produced in the workshop where Selek had run for homeless children and transsexuals. Abdülmecit Öztürk, one suspect had confessed Selek's name.

A case was opened against Selek and 14 others in State Security Court with the charge of 'Attempting to separate a part of the land under the sovereignty of the state'. They were asked to be punished with prison sentences for up to 31 years to capital punishment. Selek told the court insistently that she was framed up while other suspects told the court that they did not know her.
 
The case was referred to experts who were expected to clarify the reason of the explosion. Selek’s father and her lawyer Alp Selek repeated the claims of a frame up and torture.
 
The expert report dated 2000 repeated the gas leak hence Selek was released.

Journalists were queuing up to interview Selek on her release. Selek said that she did not consider that 2.5 years on remand as lost time: "I learnt reading people. I taught women reading and writing and they taught me Kurdish..." Her release was not the end of the trial. A total of 13 experts reports have been produced over the incident. On 28 December 2005, the prosecutor asked for the life imprisonment of five suspects including Selek. Over 200 intellectuals and artists declared support for Selek. Support messages from abroad piled up.
At the end of the eight years of trial, the case was concluded on 8 June 2006: “Despite all researches the conflicting information as to the reason of explosion could not be eliminated. It is not possible to determine for certain if the explosion was due to a gas leak or a bomb. Since certain evidence is not available, Selek and Abdülmecit Öztürk are acquitted...”

Selek was cleared of the charge of bombing the market place. The second charge of “being member to a terrorist organisation” was dropped since the time limit for the charge was exceeded. Other suspects were given various sentences including life sentence. Later on High Court reversed the decision of the first court on the grounds that what happened in the market place had to be determined. The case was sent back to the lower court and Selek’s nightmare which had begun 10 years ago returned to the square one.
 
Pınar Selek will appear on 23 May 2008, at 10:00 am in Istanbul High Criminal Court N°.12 with Special Powers, which replaced State Security Courts. (antenna-tr.org, May 16, 2008)

Human Rights Commission Thinks May Day Incidents Were Normal

AKP did not think that what happened on Mayday in Istanbul needed to be examined in Parliamentary Human Rights Commission. CHP's proposal to set up a commission to examine Mayday incident was refused by AKP MPs. MHP did not attend the vote.

CHP MP Çetin Soysal said "They watered me and gassed me too. They beat up CHP members. People were forced into closed places and gassed.”

AKP MPs argued that there was no need for the HR commission to launch an investigation on the issue.

Ministry will Pay Compensation for 2007 Mayday

Reporter of Cumhuriyet daily Alper Turgut who claimed compensation from Home Ministry for police violence he suffered on Mayday 2007 won his claim. İstanbul Administrative Court Num.9 stated “It is an essential of a state ruled by law that journalists are helped to report the truth.”  (antenna-tr.org, May 17, 2008)

Appel à une conférence internationale de solidarité avec les prisonniers politiques

Le Comité Européen de Solidarité avec les Prisonniers Libres vient de lancer l'appel suivant à une conférence internationale de solidarité avec les prisonniers politiques qui se tiendra les 24-25 Mai 2008 à Cologne en Allemagne:

Les prisons sont parmi les domaines les plus importants dans le cours de l’histoire du développement de l’humanité.

Les prisons qui sont parmi les endroits où la lutte des classes se présente le plus directement, évoquent d’une part la barbarie et la cruauté, mais d’autre part sont des foyers de résistance, d’héroïsme et de la défense des valeurs humaines. Si on met de coté ce qui se passait préalablement, à partir des années 1990, les prisons sont en même temps parmi les principaux domaines où on peut constater l’aggravation de l’agressivité du globalisme impérialiste, dont le pionnier est les Etats-Unis.

Les prisons sont comme des bancs d’essai de l’oppression, de la torture, de la terreur et du despotisme, dont les peuples sont victimes; les prisonniers politiques sont physiquement et psychologiquement soumis à tous ces persécutions. D’autre part la résistance entamée par les prisonniers politiques dans les geôles, qui s’articule de même à la résistance déployée dehors, est une lutte pour s’assumer la dignité humaine et le futur de l’humanité.

Nous organisons en tant que le Comité Européen de Solidarité Avec Les Prisonniers, les 24-25 Mai 2008 à Cologne en Allemagne une conférence internationale pour débattre sur la question des prisons afin de contribuer a la solidarité avec les prisonniers politiques à l’échelle internationale. Notre conférence qui va réunir plusieurs anciens prisonniers, plusieurs représentants des associations de prisonniers, ainsi que ceux d’autres associations intéressées de la Turquie/Le Kurdistan du Nord, de l’Iraq, et de la Palestine, de l’Espagne et du Pays Basque, de l’Italie, des pays Latino-Américains et des pays d’Afrique et de l’Asie avec aussi les contributions écrites de plusieurs qui sont toujours en prison, a pour objectif d’aboutir à ces résultats:

1. Faire le point sur les tortures, les répressions et les méthodes physiques et psychologiques de répression appliqués dans les prisons

2. Partager les expériences et les résistances dans les prisons.

3. Préciser les contributions que nous pourrions faire a la lutte mené dans les prisons, qui représentent une domaine où la lutte de classes est la plus directe et la plus dure; collectiviser les luttes singulières et développer ensemble les moyens de lutte organises en discutant sur les moyens et les formes de la lutte.

4. Contribuer a la solidarité internationale des prisonniers politiques, de leurs familles et de leurs avocats.

Toutes les personnes et les organisations progressistes et révolutionnaires qui sont intéressées aux questions carcérales sont invitées à notre conférence. Ceux qui s’intéressent pour s’inscrire à notre conférence peuvent s’adresser à l’adresse électronique suivante: info@wewantfreedom.org. (info@collective-oi.org, 13 mai 2008)

Families Accuse Police For Torturing Their Kids

Today in İzmir, the families of 17 year old D.Ö. V.Ö. and 15 year old K.K. reported a crime, implicating the police for torturing their kids while they were detained in the police station.

In a press release in the Güzeltepe neighborhood of Çigli in İzmir, political parties and formations demanded closing down of Şehit Erdal Kılıç police station, dismissal from office and punishment of the responsible police officers and the chief of police of Çiğli. 

The Aegean region representative of the Association of Human Rights Necla Şengöl, with whom Bianet met, said that they would pursue the case, that they directed the children to Human Rights Foundation of Turkey (TİHV) for rehabilitation and that the detention process was full of irregularities. 

Detention in multiple stations night long

According to the report by Erkan Çınar in daily Birgün, on May 8 the three children were taken inside the station forcefully and were beaten for more than an hour. Their heads were banged on the walls, their testicles were kicked and they were chocked. They were not allowed to see their families. Later they were sent to Çiğli Police Department and from there to the Department of Public Order. When they were taken to Egekent State Hospital, ice was put on their swellings and bruises.  

In the meantime, their families were looking for them, visiting various police stations. The children could not meet with a public prosecutor until the next day at 15:00.

When the Public Prosecutor realizes the torture

According to the information supplied by the İzmir branch of the Association of Human Rights (İHH) to which the families turned, the police claimed that the children banged their heads to the fire extinguishers themselves. Not believing the official report, asking the children if they were the cause of the blows on their backs and testicles as well, Karşıyaka Chief Public Prosecutor sent them to the medical jurisprudence, starting the investigation.

Şengöl: Many irregularities

Not yet seen the report of the Medical Jurisprudence, Şengöl said that the detention procedure was full of irregularities to cover up the traces of the torture:

“The children were not taken to a doctor when they were taken into custody. Although the police officers should have taken them to the department of juvenile crimes, they instead visited three centers and only then, right before the children met with the public prosecutor, they took them to the juvenile department.”
“There was a police officer present during the doctor’s examination at the termination of detention. He must not have been present. This particular doctor’s report determines the traces of the blows. The children were not allowed to see their families. They were not given painkillers. They were taken to the public prosecutor’s office hours later.”

“Coercion on High School Students is increasing”

K.K.’s father K.K., who spoke at the press release (May 12) given today at Güzeltepe, where mostly poor Kurds of Alevi belief live, said “The people of this neighborhood struggle against poverty, they suffer under great burden, they make their money through their hard work. Humiliating and despising us and our children, trying to intimidate, to scare us through tortures, beatings will hurt this country.”

At the press release, political parties and organizations such as Halkevleri, ÖDP, SDP, EMEP, ESP, İHD and Revolutionary High School Students (Dev-Lis) were present as well.

Şengöl said that recently, especially before and after May Day (May 1), the police coercion targeting the İzmir high school students has increased. There have been offers to make them police informants and plain threats. (BIA, Tolga KORKUT, May 13, 2008)

1er mai: l'opposition dépose une motion de censure contre Erdogan

Le principal parti d'opposition au parlement turc a déposé mercredi une motion de censure contre le Premier ministre Recep Tayyip Erdogan pour avoir "encouragé la police à faire usage d'une force excessive" contre les manifestants lors du 1er mai à Istanbul, théâtre d'incidents.

Le Parti républicain du peuple (CHP) accuse M. Erdogan qui dirige le Parti de la justice et du développement (AKP), d'avoir notamment "menacé la paix sociale" en interdisant catégoriquement aux manifestants de sortir sur une place centrale de la métropole, interdite depuis longtemps aux manifestations.

La motion n'a pratiquement aucune chance d'être votée, l'AKP dominant largement l'Assemblée nationale (340 sur 550).

M. Erdogan a été accablé de critiques par les médias pour avoir interdit aux manifestants d'utiliser la place de Taksim, centre névralgique de la rive européenne d'Istanbul pour célébrer la fête du travail.

Plus de 500 personnes ont été placées en garde à vue puis relâchées lors d'une violente intervention de la police, défendue mardi par M. Erdogan lors d'un discours devant ses députés qui a accusé les syndicats d'être les fauteurs de troubles.

Le commissaire européen à l'Elargissement Olli Rehn, en visite à Ankara pour assister à une réunion faisant le point des pourparlers d'adhésion Turquie-Union européenne, a déploré mardi l'"usage d'une force disproportionnée" par la police à Istanbul, demandant qu'une enquête soit ouverte. (AFP, 7 mai 2008)

Prof. Gencay Gürsoy taken into custody early in the morning

President of TTB (Turkish Physicians Union) Prof. Dr. Gençay Gürsoy was taken into custody in Ankara, where he came for the annual meeting of the union, early in the morning.

Police told that he was taken due to the order of Istanbul Beyoglu No.2 First Instant Criminal Court, where he was tried with the accusation of violating the "Press Law". Gürsoy, who was released after his statement to the prosecutor, said that he received no invitation about the mentioned case. He added that his file was hardly brought from Istanbul after the great efforts of his lawyers and it was also probable that he might spend a night or more in custody in vain.

Prof. Gursoy had given a "declaration of crime" to the prosecutor against Governer Mr. Guler and Security Chief Mr. Cerrah, because of the gas bombs used by the police at Sisli Children Hospital on 1st of May. (antenna-tr.org, May 2, 2008)

1er mai: Sauvagerie anti-ouvrière de l'Etat turc

Fidel à sa tradition d'hostilité contre le mouvement syndical, l'Etat turc a transformé le 1er mai 2008 en une sauvagerie anti-ouvrière par l'utilisation toutes les forces de sécurité y compris des unités de l'Armée.

Il s'agit d'une opération fascisante déclenchée déjà il y a plusieurs jours par le premier ministre Tayyip Erdogan et appliquée à la lettre par les dirigeants de la province d'Istanbul. Plusieurs jours avant la fête du Travail, les autorités avaient annoncé que toute manifestation sur cette place, centre névralgique de la rive européenne de la ville, interdite aux manifestations, serait réprimée.

Les forces de l'ordre sont intervenues de façon musclée jeudi en Turquie, interpellant des milliers au cours des célébrations de la Fête du travail, marquée dans le monde par des défilés pour revendiquer de meilleurs salaires, en pleine crise alimentaire mondiale. L'Association des Droits de l'Homme (IHD) a annoncé que le nombre des manifestants arrêts s'élève à près de 3.000.

Les attaques de la police anti-émeutes ont fait 38 blessés, dont huit policiers, a indiqué le gouverneur d'Istanbul.

"La police agit dans le cadre de la loi... Les personnes qui refusent de se soumettre à la loi sont responsables de ce qui leur arrive", a dit le gouverneur au cours d'une conférence de presse.

Süleyman Celebi, le président de la grande confédération syndicale de gauche DISK, a annoncé en milieu de journée que les syndicats renonçaient finalement à se rendre sur cette place.

Une cérémonie prévue dans un coin de la place, là où au moins 34 manifestants avaient trouvé la mort dans des violences le 1er mai 1977, pour y déposer une gerbe avec l'accord de la police, a également été annulée.

Les policiers anti-émeutes, déployés par centaines autour de la place, soutenus par des véhicules blindés et des hélicoptères, ont cependant refoulé un groupe de 300 à 400 personnes en scandant des slogans contre le Parti de la Justice et du Développement (AKP), au pouvoir.

D'autre manifestants, par petits groupes, ont tenté aussi, en vain, d'avancer vers la place par plusieurs chemins.

L'an dernier, plus de 700 personnes avaient déjà été interpellées lors de violences autour de cette place entre manifestants et police.

La plupart des heurts jeudi matin se sont produits dans le quartier central de Sisli, autour du siège du DISK, lieu de ralliement des ouvriers qui souhaitaient se rendre à Taksim.

La police est intervenue à plusieurs reprises avec du gaz lacrymogène et des canons à eau contre les manifestants rassemblés devant l'immeuble du DISK.

Selon un photographe sur place, la police a lancé des lacrymogènes dans un hôpital des alentours où s'étaient rendus des manifestants blessés par les gaz.

Les forces de l'ordre ont également dispersé une foule devant les locaux de l'hebdomadaire turco-arménien Agos, point de ralliement depuis l'assassinat par un ultra-nationaliste l'an dernier de son rédacteur en chef, le journaliste d'origine arménienne Hrant Dink.

Plus de 30.000 policiers, dont certains sont venus en renfort de lointaines provinces, ont été déployés dans la ville pour l'occasion, selon les médias.

La place même de Taksim était en branle-bas de combat depuis l'aube, la police bloquant quasi-hermétiquement le quartier aux voitures et aux piétons.

Des unités de l'armée étaient en outre déployées discrètement dans un parc dominant la place.

Certains magasins et cafés du secteur avaient fermé pour la journée.

En début d'après-midi, la police a violemment dispersé un groupe de quelques dizaines de jeunes qui voulaient avancer vers la place Taksim.

Le députe de gauche Ufuk Uras a fait une apparition sur la place, accusant le gouvernement islamo-conservateur de "créer une république de la peur".

Les navettes maritimes entre les deux rives du détroit du Bosphore, annulées pour la matinée, ont repris dans l'après-midi, tandis qu'une soixantaine d'écoles situées dans les quartiers à risque ont été fermées par les autorités.

Depuis le coup d'Etat de 1980, le 1er mai n'est plus chômé en Turquie. Le gouvernement de l'AKP a refusé de donner suite aux demandes des syndicats pour déclarer ce jour férié. (Info-Turk - AFP, IHD, 1er mai 2008)

Pression sur les médias / Pressure on the Media

Last week’s freedom of expression trials
 
- Foundations Headquarters filed a case against the speakers Mehmet Pamak and Yusuf Tanrıverdi at a panel discussion “Education System and Religion Classes in Official Ideology” organised by İLKAV on 03 December 2006. The two were charged with ¨insulting Republic and the military organisation of the state.¨ Ankara Criminal Court N°.3 sent the case to Justice Ministry after the amendment of article 301 and set the next trial date as 8 September 2008. The trial will continue if the Ministry gives permission.

- After the condemnation of former editor of weekly Agos, Arat Dink and license owner Serkıs Seropyan under article 301 of TPC, Şişli Public Prosecution filed a case over an article entitled “wise board.” Defence lawyers refused to present their case noting that the court was biased towards their clients while the prosecutor asked the court to punish license owner Sarkis Seropyan and responsible editor Aris Nalcı for up to 3 years for "attempting to influence of an ongoing trial." The next hearing is on 18 June 2008.
 
- Musician Ferhat Tunç stood trial over an article entitled ¨a revolutionaty Leyla and a song¨ published in Özgür Gündem newspaper, charged with ‘insulting the judiciary’ (TPC 301). Beyoğlu CCFI Num.2 sent the case to Justice Ministry asking for permission due to amendment of article 301.
 
- Istanbul Governor’s Department for Associations filed the complaint against LAMBDA, Istanbul Lesbian, Gay, Transvestite, Transsexual Solidarity Association. Department claimed that the founding statue of the association was in violation of law and morals, moreover the name LAMBDA was not in Turkish which also violated the law. Beyoğlu Legal Court of First Instance N°.3 abolished the association.
 
- Temel Demirer is charged with “making propaganda for a terrorist organisation” under ATL article 7/2, over his speech at Tunceli 7th. Munzur Culture and Nature Festival on ¨Turkey’s Future, Political Crises and Democracy.¨ The next hearing will be on 2 July 2008. The audio recordings will be examined.
 
Trials of Mahmut Alınak in Kars CCP and Edip Polat, Eren Keskin, Murat Bağlı in Diyarbakır CCFI N°.2 continued as the bulletin was written. For information, see (http://www.antenna-tr.org/ctl/index.asp?lgg=tr ).
 
NOTE: For general statistics on the cases of freedom of expression see http://www.antenna-tr.org/dunya/first_page_en.asp 

“Broadcasting in Different Languages” Passed Through the Parliament

Turkish Grand National Assembly (TBMM) amended article 6 of the Law on Turkish Radio and Televisions (TRT) allowing broadcasting in languages other than Turkish; namely in Kurdish, Arabic, Circassian, Zazaki, Bosnian.

Nationalist Movement Party (MHP) MP Oktay Vural said that the draft was against the Constitution and could not be implemented. Vice Chairperson of the Parliament Nevzat Pakdil said that he shared the sensitivity of MHP MPs but TRT would control broadcasting in other languages.

TRT has been doing half an hour daily broadcasting in other languages since 7 June 2004: Mondays in Bosnian, Tuesdays in Arabic, Wednesdays in Kırmanci (Kurdish), and Thursdays in Circassian and Fridays in Zazaki.
It was reported that the government was trying to create an alternative to Roj TV, which was accused of being the TV channel of PKK. AKP Group Chairperson Mustafa Elitaş said that the broadcasting would be "very useful in Turkey’s fight against terrorism in northern Iraq and in Arab world."

The use of different languages in local and national media was allowed in 2004. A legislation regulating the broadcasting in other languages was published on 25 January 2004. Four local media organisation received their permissions from the Higher Board of Radio and TVs (RTUK) and began broadcasting in Kurdish as TRT began its own. Only Gün TV continues its broadcasting out of the four.  (antenna-tr.org, May 30, 2008)

Students' Solidarity With Journalist Erkan Çapraz

University students from Yüksekova in Hakkari province in eastern Turkey started collecting signatures to show their support for Erkan Çapraz of the Yüksekova Haber newspaper, who have been up against too many law suits and investigations lately.

Stating that the freedom of expression and press are the two most important conditions of democracy, the students demand better work conditions for the journalists with their slogan, “Don’t Touch Yüksekova Haber”.

“In the freedom of press, take universal values as your guiding principles”

To support the cause, the participants need to send a message saying that “I support the text for the freedom of expression of Yüksekova Haber and sign it”, adding the text, the name and the last name, to the yuksekovahaberedestek@gmail.com address.

The campaign text says, “We are uncomfortable with this! We want that the pressure on Yüksekova Haber, which has been making great contributions to the pluralist journalism both in our country and our region, is stopped and the conditions for the development of free press is established.”
“We want a country where democracy really exists”

The students say that they criticize the pressure on Yüksekova Haber by referring to the laws that are in effect both in the United States of America (ABD) and the European Union. They declare that “as university students from Yüksekova, who want a country where democracy really exists, we condemn the pressure on Yüksekova Haber and its employees.”

Under investigation for violating article 301 of the Turkish Penal Code with his recent article titled “Kurds, Newroz Fire”, Erkan Çapraz is also on trial for the crime of “making propaganda for a terrorist organization” for his news article about the Şemdinli press release regarding the Diyarbakır blast. His hearing will be on June 18 at Şemdinli, which is in Hakkari province in eastern Turkey. (BIA, May 29, 2008)

Ergenekon Investigation Takes In The Journalist Zihni Çakır

The journalist/writer Zihni Çakır was detained at Pursaklar in Ankara for acquiring secret state documents. The directive for detention came from Zekeriya Öz, the İstanbul public prosecutor, who has been heading the Ergenekon case. According to the newspaper Vatan, it was claimed that a document belonging to a formation attached to PKK was found on Çakır.  

Çakır is also wanted for the crime of “fraudulent bankruptcy. He is expected to be sent to İstanbul.

It is claimed that ‘Kod Adı Darbe, a book about Ergenekon, which was written by Çakır, includes secret documents, wire tab records, sketches and codes belonging to Ergenekon.

A “Target Card” and a “Supplement to the Target Card” are among the secret documents. It is said in the book that the tube-crossing that is described as a target in the book would be bombed since “it would cause panic and confusion.”

This book also includes a document claimed to be prepared by the National Intelligence Agency (MIT), which states that the former President of the Constitutional Court Yekta Güngör Özden is a CIA agent. According to the allegation, Özden was included among the “reliable agents” category by Colonel W. Bob, the former chief director responsible for Turkey. He was given the code “EC-7-97”

On the other hand, MİT denied the authenticity of the document about the Sabancı assassination found in the book, which the newspaper Taraf had carried to its front page as “Here is the MİT’s Report Of The Sabancı Assasination.”  (BIA, May 27, 2008)

One month closing ban for Alternatif Newspaper

Alternatif Newspaper, which started its publications on the 19th of May, has been closed down for a month.

Alternatif Newspaper is a daily paper; it has been closed down by the 10th court of Istanbul for supposedly making “PKK propaganda” and “publishing a Terrorist Organisation’s statements”.

Ragip Zarakolu, the editor of the paper, said of the decision that “it shows that in Turkey the free press is under serious threat”. (Kurdish Info, May 27, 2008)

Article 301 Creates Victims in Daily Life, Too

Obviously the statement “let us see how it will be implemented” by the government is not coming along the way the supporters of article 301 wished it would. Known rather for the law suits it has caused against the journalists, intellectuals and dissenters, article 301 of the Turkish Penal Code (TCK) does not present a very different picture in more “normal” life, either.

The revised article 301, which was passed by the Parliament on April 29 with the new title of “Denigrating the Turkish Nation, the State of the Turkish Republic, the institutions and organs of the State,” continues to be a contentious question in the investigations opened in İstanbul, Tunceli and Şanlıurfa.

A conversation in Pertev district became a subject of article 301 investigation

During a conversation about smoking in Pertek district of Tunceli province in eastern Turkey, Hasan Erdoğan, a smoker, was detained in the police station for saying, “if smoking kills then the prosecutors should do their job to stop it, but apparently they are not doing their job.”

Erdoğan was taken to the police station for the conversation about smoking and a 301 investigation was started. Pertek’s Chief Prosecutor Fethi Ahmet Tosun was also present at the site of the conversation.

Detention and investigation for the slogan with Bush in it, which targeted  the Prime Minister

The three members of Labor Youth, Şerafettin Gökdeniz, Sercan Bakır and Ekin Can Kınık were detained for shouting the slogan “He was born in İstanbul, became an American, Tayyip Erdoğan, the son of the murderer Bush” at the activity organized after sending the signatures for the campaign entitled “One’s life cannot be decided over a three-hour examination” to the Parliament on May 20.

Kamil Tekin Sürek, the lawyer of the detained youngsters, who described the intervention as “the indication showing how impatient  the rule of the Justice and Development Party is”, said that the reason for the detention was denigrating the heads of the state and defying the law of meetings and demonstrations.

Sürek told that the three youngsters, who were detained in Taksim police station for two and a half hours, might be sued for article 301.

He said, “They say everything against Bush in front of the White House and they start an investigation in Turkey because something was said against Bush. It was probably not because of the expression “son of Bush”.

Kurdish play is investigated for article 301

Last month the director and the players of the Kurdish play named “Kurme Dare”, which was staged by a theatre group named Çarçıra in Urfa in eastern Turkey, were charged with violating article 301 for “denigrating the Turkish Republic and its military.” Two of the players in the group were also charged with “making the propaganda of the terrorist organization”. (BIA, Erol ÖNDEROGLU, May 25, 2008)

Retired Major Charged under 301 for blaming the Judges

Retired Major Zeki Bingöl stands trial under the new article 301. Bingöl had accused judiciary to engage in corruption over property commerce ended up being charged under article 301 of TPC.

Retired Major argued that the land bought cheaply from the state is not used to build houses for the poor as it should have been done under the regulation but sold cheaply to rich people.
Prosecution office launched an investigation against Bingöl over one of his articles.

Zeki Bingöl who commanded the operation on those who engaged in corruption in land commerce in Beylikdüzü council revealed that some of the parcels were sold to big building companies and the flats were distributed to some Pashas. (antenna-tr.org, May 20, 2008)

Cartoonist Charged over Drawing the High Court Prosecutor as an Owl

Cartoonist of “Yeni Asya” newspaper İbrahim Özdabak stands trial on the charge of “insult through press” over a cartoon published on 19 March 2008. Ozdabak is charged under article 125 of TPC. Ozdabak’s cartoon shows an owl on a branch wearing a judge’s gown and singing "Huguk! Huguk! Huguk! Huguk!" (Law). Özdabak will appear in Bakırköy Criminal Court of First Instance Num.2 on 26 September.

Indictment prepared by Prosecutor Remzi Yaşar Kızılhan on 17 April argued that the cartoon was a response to the closure case against AKP, and insulted the chief prosecutor of High Court.

The indictment asked the court to punish Ozdabak under articles 125/1-2 and 125/3a, 126, 53 of TPC. (antenna-tr.org, May 20, 2008)

Last Week’s Freedom of Expression Cases

Prime Minister claimed 20 thousand lira compensation from the owner and responsible editor of Leman Mehmet Çağçağ over the front page of 6 February 2008 issue of Leman (on the left) where Prime Minister is quoted saying "We got the immorality of the West instead of its science. Ankara Legal Court of First Instance N°.16 decided that original Picture of Prime Minister Erdoğan taken in July 2007 to be asked from Anatolian Agency. The next hearing is on 15 July 2008, at 09:30.

Ankara Criminal Court of First Instance N°.2 decided to put the trial of Temel Demirer under article 301 of TPC on hold. Demirer was charged over his speech while addressing a crowd protesting the murder of Hrant Dink. Demirer had said “Hrant Dink was not only murdered because he was Armenian but because he said that there was an Armenian Genocide in Turkey.” Judge Mehmet Nuri Öztürk sent the case to Ministry of Justice for permission due to the amendment in article 301 of TPC.

Court put on hold the 10 thousand lira compensation claim of retired General Veli Küçük who has been on remand as part of Ergenekon operation, against lawyer Erdal Doğan since Küçük did not follow up the case. The complainant has 3 months time to apply fort he continuation of the case otherwise it will be treated as if never opened.

Diyarbakır mayor Baydemir, Diyarbakır Council’s head of Administration of Accountancy Department Zülfi Atlı, Head of Culture and Tourism Department Mehmet Denli and former mayor of Sur, Abdullah Demirbaş were charged with “violating the law on the introduction and the use of Turkish Letters” and “misconduct in office” over a story book in Turkish and Kurdish. Diyarbakır Criminal Court of First Instance N°.15 set the next trial date as 16 July 2008, at 10:00. (antenna-tr.org, May 16, 2008)

The cases of freedom of expression which have been filed this week

Former President Süleyman Demirel filed a complaint against journalist of Sabah newspaper Ergun Babahan over his column on 2 January 2007 where he wrote, "you have blood on your hands.” Babahan wrote that Demirel’s statement to Hürriyet newspaper about the execution of Deniz Gezmiş and his friends was a lie. Babahan wrote, "The blood of those three deaths is on your hands Mr Demirel. History will write this about you: Prime Minister and President who personally put efforts for the execution of three young people in the hands of the fascist regime." Istanbul Criminal Court of First Instance N°.2’s prosecutor asked 2 years and 4 months prison sentence for Babahan.

The investigation against musician Ersoy over what she said at a TV show “Popstar Alaturka” where she was part of the juror led to a case. Ersoy had said "If I had a son; some will make a decision around a table 'You will do this and they will do that' and I will burry my son. That can’t happen." Ersoy’s statement was examined to determine if it constituted the crime of "alienating the people from military service." The investigation led to a trial. Bülent Ersoy is charged with "alienating the people from military service."

Former DEP MP Leyla Zana stands trial facing a possible 60 years prison sentence. Zana is charged over nine different speeches she made in Diyarbakır, Batman, Bingöl and European Parliament, in the last year.
Diyarbakır Prosecution office’s indictment charged Zana N°. 3713 ATL article 7/2 ‘making propaganda for an illegal organisation’ and TPC articles 314/2, 314/3 ‘committing crime on behalf of the organisation despite being non-member.”

These are only the cases of freedom of expression, which have been reported by the media. We are sure that there are many more of them. Let us have a look at the freedom of expression trials, which will continue this week … (antenna-tr.org, May 16, 2008)

“Yedinci Gün” Newspaper Shut for One Month

İstanbul High Criminal Court Num.9 stopped the publication of Yedincigün newspaper for one month for "propaganda for terrorist organisation ", "printing the statements of the organisation" and "praising crime" under article 6 of ATL.

Article 6 states that when there is an open encouragement to commit a crime, praise of crimes, or propaganda for terrorist organisations in periodicals, a court decision or a public prosecutor’s decision when delay is unfavourable, is enough to stop the publication from 15 days to one month. (antenna-tr.org, May 17, 2008)

Ban on Mahir Cayan's Collected Writings 34 Years Later

İstanbul High Criminal Court Num.13 ordered the confiscation of Mahir Çayan’s “Collected Works” stating that the book “praised crime and criminal and made propaganda for illegal terrorist organisations.”

Lawyer Sabri Kuşkonmaz said that Çayan was killed in 1974 and the organisation he led dispersed: “Organisations mentioned here are the ones of that time, they don’t exist now.”

Leader of THKP-C Mahir Çayan and his friends kidnapped three English technicians from Unye Radar Base on 26 March 1972 to prevent the execution of Deniz Gezmiş and his friends. Çayan’s group was killed on 30 March 1972.

Istanbul Court stated that his writings could not be considered in the limits of freedom of expression.  (antenna-tr.org, May 17, 2008)

Journalist Temel Demirer’s Case under 301 is on Hold

Ankara Criminal Court of First Instance Num. 2 decided to put the trial of Temel Demirer under articles 216 and 301 of TPC on hold.

Public prosecutor Yücel İldeniz reminded the court on today’s hearing (15 May) that Turkish Penal Code article 301 has been amended.

İldeniz said that investigation under article 301 was subject to the permission of Justice Minister and the case needed to be sent to the Justice Ministry.

İldeniz said that if the Ministry approved then the trial under article 216 and 301 would continue otherwise the trial should continue under article 216.

Demirer said that nothing had changed under new article 301 and he did not have action to be charged under those articles.

Judge Mehmet Nuri Öztürk put the trial on hold and sent the case to Justice Ministry.

Demirer was charged over his speech while addressing a crowd protesting the murder of Hrant Dink. Demirer had said “Hrant Dink was not only murdered because he was Armenian but because he said that there was an Armenian Genocide in Turkey.” (antenna-tr.org, May 15, 2008)

2008 IPA Freedom to Publish Prize awarded to Ragip Zarakolu

During the closing ceremony of the 28th IPA Publishers Congress in Seoul, Korea, IPA President Ana María Cabanellas announced that publisher Ragip Zarakolu was voted recipient of the 2008 IPA Freedom to Publish Prize for his exemplary courage in upholding freedom to publish.

The board of the International Publishers Association (IPA) meeting in Seoul, Korea, selected Ragip Zarakolu as Prize-winner from among many highly commendable candidates, announced IPA President Ana María Cabanellas.

IPA established the IPA Freedom to Publish Prize to honour a person who has made an important contribution to the defence and promotion of freedom to publish anywhere in the world. This year's award will be formally presented during the opening ceremony of the international seminar on neo-censorship in Amsterdam on 18 September 2008.

Ana María Cabanellas declares: "Ragip Zarakolu's work as a publisher and his wholehearted support of freedom to publish have often brought him into conflict with the authorities and endangered his personal safety. Ragip Zarakolu has persistently continued to tackle controversial issues, thus encouraging healthy debate in Turkey. We award this Prize to Ragip Zarakolu in deep respect for his courage as a publisher and as a salute to the passion, the integrity, and the steadfastness that he so marvelously demonstrates".

IPA Freedom to Publish Committee Chair Bjørn Smith-Simonsen adds: "Ragip Zarakolu has long been exposed to legal harassment for publishing books on minorities and human rights. We hope this Prize will encourage him to continue his publishing work".

The other short-listed candidates nominated by IPA members, individual publishers and human rights' organisations were: Marc Falkoff (USA), Carsten Juste (Denmark), Shi Tao (China), Father Thadeus Nguyen Van Ly (Vietnam), and Dusan Velickovic (Serbia).

BACKGROUND: Ragip Zarakolu is a Turkish publisher born in 1948. Since starting his publishing house, Belge, with his wife Ayse Nur in 1977, he has been subjected to harassment from the Turkish authorities. Despite a three-year jail sentence, Zarakolu refused to abandon his campaign for freedom of thought, striving "for an attitude of respect for different thoughts and cultures to become widespread in Turkey". Over the years, the charges brought by the Turkish authorities against Zarakolu and his wife resulted in further imprisonment for the couple, confiscation and destruction of books, and the imposition of heavy fines, endangering the survival of his publishing house. Ragip Zarakolu is the chairperson of the Freedom to Publish Committee of the Turkish Publishers Association.

IPA established the IPA Freedom to Publish Prize to honour each year a person or an organisation that has made an important contribution to the defence and promotion of freedom to publish anywhere in the world. Recently, the 2006 IPA Freedom to Publish Prize was awarded to Iranian publisher Shalah Lahiji during the Göteborg Book Fair, and the 2007 Prize went to Zimbabwean publisher Trevor N'cube at the Cape Town Book Fair in South Africa. Special posthumous prizes were also given to Anna Politkovskaya and Hrant Dink. The 2008 IPA Freedom to Publish Prize is sponsored by the Dutch Publishers Association (NUV). For more information, see: http://www.nuv.nl/web/show/id=96378

The 2008 IPA Freedom to Publish Prize will be given in Amsterdam on 18 September 2008 during the opening ceremony of the International Seminar on Neo-censorship (18-20 September 2008). (IPA/IFEX, May 15, 2008)

Journalist Arat Dink Shares The Freedom Of Expression Award

Journalist Arat  Dink was awarded Index's Guardian Journalism Award, which recognises determined and brave journalism that often represents a different point of view in the media.

As the editor of the Armenian paper "Agos", Dink has suffered immensely for the "crime" of speaking out in Turkey about the Armenian genocide. His father Hrant, who was editor of the paper before him, was gunned down for giving an interview about the genocide. Arat himself was given a one-year suspended sentence for daring to reprint his late father's words.

Index on Censorship commented, "The bravery of Arat Dink, and the rest of the staff of 'Agos' in the face of draconian laws restricting their freedom of expression, provides inspiration for journalists throughout the world. In honouring Arat, we also commemorate the work of his late father."

U.Gambira, the leader of the All Burma Monks Allliance, which spearheaded the nationwide protests in September last year, won the Bindmans Law and Campaigning Award. He was allegedly charged with treason following the protests and is currently being held in Insein prison in Rangoon.

WikiLeaks, a resource for anonymous whistleblowers and investigative journalists, won the Economist New Media Award for facing down an attempt by an investment bank to close it down.

Francisco Goldman took home the TR Fyvel Book Award for "The Art of Political Murder: Who killed Bishop Gerardi?", an account of the search for the killers of Guatemalan bishop Juan Gerardi.

And the Index Film Award went to "Ahlaam" ("Dreams"), a story of three broken souls in Baghdad, Iraq in the aftermath of Saddam Hussein. (IFEX news service, May 15, 2008)

RSF critique le blocage du site YouTube en Turquie

Reporters sans frontières s’étonne du nouveau blocage du site de partage de vidéos en ligne, YouTube, depuis le 5 mai 2008, suite à l’application de deux décisions de justice dont les motifs ne sont pas précisés.

« Nous demandons aux autorités de fournir les motifs de ce blocage. C’est la troisième fois en moins de deux mois que YouTube est bloqué. Nous estimons qu’il n’est pas nécessaire de bloquer un site dans son intégralité, quand seules quelques vidéos sont considérées « choquantes » par les autorités. Attendu que YouTube a la possibilité de bloquer des vidéos publiées sur le site selon la région du monde concernée, il s’agit d’une mesure abusive », a déclaré l’organisation.

Dans une de ses décisions rendues le 24 avril, la 11e chambre du tribunal de police d’Ankara a demandé la suspension du site, sans en préciser le motif. Le 30 avril, la 5e chambre du même tribunal a pris la même décision.

En vertu de la loi 5651, relative à l’ « organisation des publications en ligne et au combat contre les délits commis par le biais de ces publications », appliquée depuis novembre 2007, il est possible pour un procureur, dans un délai de 24 heures, d’interdire l’accès à un site si son contenu est suceptible d’inciter au suicide, à la pédophilie, à l’usage de stupéfiant, à l’obscénité, la prostitution et de contredire la loi d’Atatürk.

« Cette loi ouvre la porte à beaucoup trop de dérives. Les blocages intégraux des sites YouTube, Indymédia Istanbul et Wordpress en sont les dommages collatéraux. Nous demandons aux autorités de réviser la loi 5651 relative à « l’organisation des publications en ligne et au combat contre les délits commis par le biais de ces publications » afin que les internautes puissent à nouveau s’exprimer librement sur la Toile. La Turquie possède un arsenal législatif trop restrictif en matière de liberté d’expression », a ajouté Reporters sans frontières.

Depuis le 21 mars 2008, le site Internet http://istanbul.indymedia.org est inaccessible dans le pays. L’équipe du site continue de publier ses articles, à une autre adresse, et affirme qu’il ne s’agit que "d’une tentative de censure". Pour elle, "les autorités n’ont toujours pas compris que la censure était techniquement impossible sur Internet". La plateforme de blogs Wordpress, l’une des plus utilisées au monde et rendue inaccessible depuis le mois d’août 2007, n’a été débloquée que très récemment.

D’autres sites participatifs sont également bloqués. Le site de partage de photos Slide est inaccessible depuis le 25 mars suite à une décision du tribunal de Civril (sud-ouest d’Ankara) en raison de la publication de "photos et articles considérés comme insultants envers Atatürk". Google Groups, le site des groupes de discussion en ligne de Google, est inaccessible depuis le 10 avril suite à la plainte du leader religieux Adnan Oktar pour publication de propos diffamatoires à son encontre. Les sites Internet de médias kurdes sont également visés. Par une décision de la cour d’assises d’Ankara, le site du quotidien Gündem est rendu inaccessible depuis le 1er avril 2008. Celui de l’agence de presse Euphrate (ANF), depuis le 11 février. Ils ont été suspendus pour "propagande en faveur du Parti des travailleurs du Kurdistan" (PKK), sans que les rédactions respectives n’en soient informées ou aient pu se défendre.

En Turquie, la liberté d’expression dépend le plus souvent du code pénal, qui régit les atteintes aux intérêts nationaux fondamentaux (art. 305), l’incitation à la haine, à l’hostilité ou à l’humiliation, (art. 216), l’atteinte à la mémoire d’Atatürk (loi 5816 du 25 juillet 1951), ou encore le fait de détourner la population du service militaire (art. 318). Le 30 avril, le parlement turc a adopté des amendements à l’article 301 de ce même code, remplaçant l’insulte à l’identité turque par l’insulte à la Nation turque, laissant toute latitude aux magistrats pour poursuivre quiconque abordera publiquement les dossiers sensibles que sont le génocide arménien et la question kurde. La majorité des procès devraient désormais se dérouler devant les tribunaux de police et non devant les tribunaux correctionnels. Le romancier et Prix Nobel de littérature Orhan Pamuk, mais aussi le journaliste d’origine arménienne Hrant Dink, assassiné par des ultranationalistes le 19 janvier 2007, à Istanbul, ont été poursuivis en vertu de cet article. La Loi antiterroriste 3713 régit également les publications en lignes et condamne "la propagande d’une organisation terroriste" ou encore "la publication des communiqués de ces organisations".(http://www.rsf.org/article.php3?id_article=26969)

7.5 years prison sentence for journalist Yetişgen

The trial of journalist Yasin Yetişgen over publishing an article in 8 November 2007 issue of a local paper “Çoban Ateşi” by Berkant Coşkun, began. The article was entitled “Mum don’t send me to war.”

Prosecutor of Gaziantep Criminal Court of First Instance N° 2, Mahmut Yalçın Arı asked the court on 9 May to punish Yetişgen under Statue 5816 Crimes against Ataturk and Statue 5237 Penal Code article 318 "alienating the people from military service."

Prosecutor said "Article as a whole exceeds the limits of freedom of expression and carries the intention of insult and alienating the people from military service.”
The next hearing is on 22 October 2008.

Writer for “Yeni Aktüel” magazine Perihan Mağden, Serpil Köksal, Murat Dünşen and İbrahim Kızartıcı have been cleared of the charges under article 318 while the trials of conscientious objector Halil Savda, reporter of Birgün daily Gökhan Gencay and the reporter of “Ülkede Özgür Gündem” Birgül Özbarış continue.

Another case was filed against Magden over an article published in Radikal daily. (antenna-tr.org, May 12, 2008)

Blocked Youtube gets Blocked again…

Following the ban on access to Youtube the global video sharing website, another court banned the access to Youtube. Ankara Criminal Court of Peace N° 11 blocked access to Youtube on 24 April 2008, Ankara Criminal Court of First Instance blocked the site on 30 April 2008.

Previously Ankara CCP N° 11, Ankara CCP N° 3, Ankara CCP N° 1, Ankara CCP N° 12 and Sivas CCP N° 2 had blocked Youtube. (antenna-tr.org, May 12, 2008)

Décès à Milan de la soprano turque Leyla Gencer

La soprano turque Leyla Gencer est décédée vendredi soir à l'âge de 79 ans à son domicile de Milan (nord de l'Italie), a annoncé le théâtre de La Scala dans un communiqué.

La Scala a salué "l'une des voix les plus émouvantes" de son temps, précisant que ses funérailles auraient lieu lundi.

Une fondation culturelle turque basée a Istanbul, qui organise un concours de chant portant son nom, a précisé que ses cendres seraient dispersées dans le Bosphore.

Née à Istanbul en octobre 1928, celle qui était surnommé "La diva turque" a chanté pour la première fois à La Scala en 1957, interprétant le rôle de Madame Lidoine dans la première mondiale du "Dialogues des Carmélites" de Poulenc.

La soprano, qui a chanté plus de 70 rôles, en particulier ceux d'héroïnes de Donizetti, a chanté sur les grandes scènes mondiales, notamment en 1962 à Covent Garden à Londres et en 1956 à l'opéra de San Francisco.

Elle s'était retirée de la scène en 1985.  (AFP, 10 mai 2008)

Article 301 Remains: A Damaging Step For Freedom Of Expression

The president ratified the revision of Article 301, which forbids “denigrating Turkishness, the Republic, the institutions and organs of the State” and he sent it back to the prime ministry to be published.

It was revised to adapt to EU, but it caused more problems

Article 301 was born during the course of adapting to the norms of the European Union. Article 159 of the old Turkish Penal Code was eventually changed completely to become the Article 301 on June 1, 2005. However, following the reactions it received and the many culprits and sentences it created in three years, the lawmakers had to revise Article 301.

The Minister of Justice Mehmet Ali Şahin had explained in a response to a motion that in last five years six thousand seventy five individuals were tried under the 159 revision and Article 301. Seven hundred forty five of them were sentenced.

While some organizations for rights, among them Helsinki Citizens Assembly (HYD), the Human Rights Association (İHD), the Organization of Human Rights and Solidarity for Oppressed People (MAZLUMDER), the Joint Platform for Human Rights (İHOP) connected to the Turkish branch of Amnesty International, the Initiative Against Thought Crime, Say Stop to Racism and Nationalism (DurDe), stated that Article 301 must be annulled, the government ignored these calls.

Passed with 250 votes against 65

Despite objections from the Nationalist Movement Party (MHP) and the Republican People’s Party (CHP), the Turkish Parliament (TBMM) passed the bill to revise Article 301 with 250 votes against 65 on April 29.

In the new article, the expressions of “Turkish Nation” and “the State of the Turkish Republic” replaced the expressions of “Turkishness” and “The Republic”, respectively, while the title of the article was changed to “Denigrating the Turkish Nation, The State of the Turkish Republic, the institutions and organs of the State.”

The new form of Article 301 became:

“The person who denigrates openly the Turkish Nation, the State of the Turkish Republic or the Grand Assembly of Turkey and the judicial institutions of the State shall be punishable by imprisonment from 6 months to 2 years. The persons who denigrate the military and police organizations of the State will too receive the same punishment.

Expressions of thought with the intention to critique shall not constitute a crime.

The prosecution under this article will require the approval of the Ministry of Justice.”

The investigations and the cases will be taken to the Criminal Court of Peace

According to the new arrangement, the permission to open a case will be given by the Ministry of Justice. It is expected that as the revision goes into effect, the investigations that were opened since “they contained judgments to the advantage of the culprit” and the cases that were finalized will be taken up again.

Since the punishment time was lowered from three years to two years, the new cases will be in the jurisdiction of the Criminal Court of Peace and the cases that are still open at the Criminal Court of First Instance will be transferred accordingly. (BIA, Erol Onderoglu, May 9, 2008)

Civil Disobedience Restarts: 200 People Commit The “Thought Crime”

The new lawsuits and the nearly completed trials forced the 13-year-old Initiative Against Thought Crime to restart its “civil disobedience” activities to draw attention to the arrangements against the freedom of expression. They announced their decision yesterday (May 5) at a press release given at Üsküdar Hall of Justice in İstanbul.

Following the press release, more than two hundred people denounced themselves by stating that they agree with the “criminal” thoughts of the individuals like the lawyer Eren Keskin, the former Democratic Society Party (DEP) deputy Mahmut Alınak, the former editor of Agos, an Armenian-Turkish weekly, Aris Nalcı, the license holder of the same newspaper Sarkis Seropyan, and the singers Bülent Ersoy and Ferhat Tunç.

Yurdatapan: Peaceful expression of a thought cannot be sued

The individuals who took part in the civil disobedience act signed a proclamation that said they knew the meaning and outcome of what they were doing and signed it with their free will. The initiative spokesperson Şanar Yurdatapan reported their crimes to Üsküdar public prosecutor’s office on behalf of the activists.

Yurdatapan explained that the civil disobedience activities of1995 are restarted, that they will continue reporting themselves to the prosecutors by becoming a party to the crimes of the people who are sued for expressing their opinions in a peaceful manner, whatever their opinions may be.

Keskin: I hope this activity will help our voice be heard

According to Keskin, “When the topic is the freedom of expression, we should look at which thoughts are banned. These are thoughts related to the Kurdish, Armenian, Cyprus and the Turban (Headscarf) problems. Everyone who thinks differently from status quo commits a thought crime. I am also one of these people. I hope this activity will help our voice be heard.” The journalist Erol Özkoray, the artist Ferhat Tunç, the actor Mehmet Atak and some civil disobedience activists joined Keskin as well.

Keskin, Allınak, Nalcı, Seropyan, Tunç are accused, Ersoy is under investigation

Following the demand by the general staff, the lawyer Keskin was sued for her interview with the German newspaper Der Tagesspiegel on June 24, 2006, which was construed as “denigrating the Turkish Armed Forces.”

The former DEP deputy Alınak was sued for being in violation of the 1928 Law of the Acceptance and Application of Turkish Letters, according to Article 222 of the Turkish Penal Code.

The legal proceedings about Nalcı and Seropyan for “obstructing the just trial proceedings” is continuing. They are on trial for their article titled “Akıllı Tahta” (The Smart Board) that was published on the November 9, 2007 issue of Agos, in which they critiqued the decision that was reached regarding Hrant Dink’s Article 301 case.

The singer Bülent Ersoy’s words during a television prog