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ALERT - TURKEY
21 June 2007
Sociologist, magazine owner and editor face possible imprisonment over
article; writer escapes charge despite army's complaint
SOURCE: IPS Communication Foundation (BIANET), Istanbul
(BIANET/IFEX) - Sociologist Ismail Besikci, known in Turkey for his
enduring academic interest in the Kurds and for facing both an end to his
academic career and imprisonment over his books, is on trial under Article
216 of the Turkish Penal Code.
Besikci had written an article entitled "We did not talk, we had it
printed", which was published in the monthly magazine, "Popüler Kürtür
Esmer" (Popular Kürture Dark). The magazine's owner, Ferzende Kaya, and
managing editor, Mehmet Ali Izmir, are also on trial.
Prosecutor Remzi Yasar Kizilhan is demanding four to six years'
imprisonment for the three defendants.
The Directorate of Criminal Offences of the Ministry of Justice launched an
investigation into the article by Besikci, published on 19 January 2006,
following a "secret" complaint by the Armed Forces' General Staff.
Because the head office of the magazine is in Istanbul, the Ankara Chief
Prosecutor's Office passed the case to the Bakirköy Office in Istanbul.
The prosecution's expert, Prof. Dr. Mehmet Emin Artuk of the Law Faculty of
Marmara University, Istanbul, had argued that there was no case for the
application of Article 301, but that "some expressions could be interpreted
as 'incitement to hatred and hostility'", thus leading to the trial of
Besikci and the magazine representatives under Article 216.
There has been some disagreement as to which court is in charge of the
proceedings, and the penal court in Bakirköy has asked the Istanbul Chief
Public Prosecutor's Office whether samples of the magazine have been
delivered. The case will be continued on 10 December.
Besikci was already facing trial over another case, with prosecutors
demanding for more than 100 years' imprisonment over his books (published
by Yurt Publishers) and his articles concerning the Kurdish issue, which
had appeared in the pro-Kurdish "Özgür Gündem" newspaper. He has spent
years in prison, and some of his books are still banned (see IFEX alert of
21 September 1999). He was released from prison on 12 July 1997 under the
Conditional Amnesty Law No. 4304, which allows for the postponement of
sentences for previous offences provided that they are not repeated in the
next five years.
In another case, the Armed Forces' General Staff had also secretly
complained about an article entitled "Ghost" by Ahmet Kahraman (published
in the "Popüler Kürtür Esmer" magazine in December 2005).
Called again as the prosecution's expert, Prof. Artuk concluded that "the
rights to inform and criticise were made use of, there was no degradation
of Turkishness or the armed forces, there was no harsh criticism of the
army in general, just of (Chief of General Staff) Yasar Büyükanit, and
there was no crime committed under Article 301". There was thus no case
opened against Kahraman.
For further information contact Nadire Mater at BIANET, Faikpasa Yokusu,
No. 41, Antikhane, Kat: 3, D.8-9, Cukurcuma, Beyoglu, Istanbul, Turkey,
tel: +90 212 251 1503, fax: +90 212 251 1609, e-mail: bia@bianet.org,
Internet: http://www.bianet.org
The information contained in this alert is the sole responsibility of
BIANET. In citing this material for broadcast or publication, please credit
BIANET.
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