Bianet - "BIA² Media Report: Army Shadow on Press":
59 years imprisonment demanded for 7 reporters covering conscientious 
objection and the Kurdish issue during the last three months. Number of 301 
victims has reached 65. 5 people are on trailed under charges of violating 
the Law to Protect Ataturk.

ISTANBUL / 20 November 2006 / by Erol Onderoglu

The 2006 3rd Quarterly Media Monitoring Report prepared by the BIA² Media 
Monitoring Desk and covering the months of July, August and September has 
been released.

The 14-page report discloses factual details on the situation of the media 
in relation to rights and freedoms showing the growing burden on the Turkish 
press under the new Anti-Terror Law which has expanded the scope of 
offenses. The media also suffers from the debate around a possible peaceful 
solution to Turkey's Kurdish problem.

The "normalization" and "democratization" processes under the European Union 
reforms are subject to about-turn with military strategies and practices 
being enforced.

Interviewing representatives of the outlawed Kurdistan Workers Party (PKK), 
allowing a voice to opposition Kurdish politicians, defending the right of 
being against war and conscientious objection are all regarded as offenses 
punishable with prison terms. The situation in its most recent form has 
turned journalism into a more dangerous occupation.

The 3rd Quarterly Media Monitoring Report attracts attention not only to the 
destructive effects on the media of the conflict environment but also to the 
plight of 65 people who, in the past year alone, have been put on trial 
under controversial penal code article 301 just for expressing their 
opinions. 25 of these 301 cases were launched in the past three months.

Back to the DGM days!

With the recent amendment to Turkey's Anti-Terror Law (TMY), the punishment 
of journalists covering conscientious objection and/or the non-violent 
aspects of armed organizations has been increased.

The cases are being heard not at courts of first instance but at 
"Specialized High Criminal Courts" that have replaced the State Security 
Courts (DGM) that were abolished in 2004 under the EU reforms.

Sebati Karakurt, Hasan Kilic and Necdet Tatlican of the mass circulation 
"Hurriyet" newspaper, "Milliyet" newspaper reporter Namik Durukan, "Birgun" 
newspaper employees Gokhan Gencay and Ibrahim Cesmecioglu and "Ulkede Ozgur 
Gundem" newspaper reporter Birgul Ozbaris are those now facing the 
resurrected "DGM days". A total of 59 years imprisonment is being demanded 
for them.

No change in a year

The BIA² Media Monitoring Desk which had previously disclosed that as of 
July 1, 2006, a total of 40 people faced charges under article 301, now 
states that the figure has increased to 65 defendants as of October 1. An 
increase of 25 new suspects charged under this controversial article in 3 
months alone.

According to the Desk, there is no change in the situation compared to the 
same period of last year and pressures on the freedom of expression still 
continue.

163 people appear at courts, 77 of them journalists

The report focused on the situation of 163 people of which 77 are 
journalists and 84 are publishers. The remaining include mayors, writers, 
unionists and activists under trial as well as two people who have applied 
to the European Court of Human Rights.

The desk's previous report contained information on 56 cases launched 
against 67 individuals and the increase in the number of cases is attributed 
to the "aiding and abetting the PKK" charges brought forth against 56 
mayors. There is also an increase in the number of trials.

The 3rd Quarterly Media Monitoring Report covers current issues under the 
titles "attacks and threat", "detentions and arrests", "trials and 
attempts", "European Court of Human Rights", "RTUK practices", "regulations 
and seeking rights" and "reaction to censorship".

According to the report, there are attempts to exert pressure on the Turkish 
media through high compensation demands coming from various circles 
including the Koza Gold Company, OYAK, MOPAK Paper Company, politicians and 
local authorities.

A total of 6 million 396 thousand YTL in damages is being demanded in cases 
filed against 30 journalists while 4 journalists have been put on trial 
charged with "insult" and threatened with prison terms, one of whom has 
already been sentenced.

Fate of arrested unknown under TMY secrecy

* In three months a total of 12 attacks took place against journalists and 
media institutions out of which 3 were against the www.ihdist.org , 
www.solgazete.net and www.bianet.org Internet sites and 3 others targeted 
local journalists.

Prime Minister Recep Tayyip Erdogan's unfounded allegations against the 
media were also referred to as attacks in the recent report. The number of 
attacks in this year's 3rd Quarterly Media Monitoring Report reflect a drop 
compared to the same period of last year where there were 23 attacks but an 
increase compared to the previous three months in 2006 where only 10 attacks 
were listed.

* While no detention incident was reported, there have been a number of 
arrests. "Ozgur Radyo" Broadcast Director Fusun Erdogan and "Atilim" 
newspaper Editor in Chief Ibrahim Cicek were among 6 journalists who were 
placed under arrest on charges of "having relationships with the Marxist 
Leninist Communist Party (MLKP) organization.

But because the Anti-Terror Law has imposed a six month secrecy on the case 
file, details of the allegations are not known.

* While "Isci Koylu" (Workers Peasants) magazine Editor in Chief Memik Horuz 
who was arrested in 2001 was the "only journalist held in prison in the 
capacity of press freedoms", the arrest and imprisonment of Dicle News 
Agency (DIHA) reporters Evrim Dengiz, Nesrin Yazar and Rustu Demirkaya has 
increased this figure to 4 in the past six months.

Increase in "Organization Cases"

* There is an increase in the number of cases opened against journalists and 
other political and civil society representatives who focus on the Kurdish 
issue. The increase is reflective in trials based on "aiding and abetting 
the PKK" charges.

"Ulkede Ozgur Gundem" newspaper Editor in Chief Huseyin Aykol is subject to 
a trial where a prosecutor demands 10 years imprisonment for him on 
allegations of "organizational membership" based on his interviews with PKK 
leaders on Kandil mountains. 56 mayors, on the other hand, are on trial for 
sending a letter to Danish Prime Minister Rassmusen urging him not to close 
down the Kurdish "Roj TV" under Turkish pressure.

301 targets associations

* In the past three months not only journalists but association members have 
also been charged under article 301. 25 new cases under this article include 
charges against Mersin 78's Foundation member Ethem Dincer and Ozgur Der 
official Burhan Kurbanoglu.

* Article 216 of the Penal Code which covers the offense of "incitement to 
hatred and enmity" was used in court cases launched against 6 people in the 
same period.

Again, in the same three months, Ankara Public Prosecutor Huseyin Boyrazoglu 
filed an appeal to overturned the previous acquittal decision for Professor 
Dr. Ibrahim Kaboglu, the former head of the Human Rights Advisory Board of 
the Prime Ministry and board member Prof. Dr. Baskin Oran on grounds that 
their views in the "minority report" subject to trial were not in the scope 
of freedom of expression.

"Ataturk" cases against five

* Prosecutions launched under the "Insulting the memory of Ataturk" law are 
targeting not only publishers and journalists but also translators.

Journalist-writer Ipek Calislar is on trial for interviews related to her 
bestseller book "Latife Hanim" together with "Hurriyet" newspaper editor 
Necdet Tatlican.

Publisher Fatih Tas, translators Lutfi Taylan Tosun and Aysel Yildirim are 
on trial and face 4.5 years imprisonment each for the Turkish language 
version of John Tirman's "Spoils of War: The Human Cost of America's Arms 
Trade".

12 "Intervention in Justice" cases

* Allegations made against journalists and activists under Penal Code 
articles 277 and 288 as well as Press Law article 19 charging them with 
"intervention in justice" have increased in the past three months.

12 journalists are still on trial under this allegation including Milliyet's 
Lube Ayar, Yeni Asya's Faruk Cakir, Agos's Hrant Dink and Aydin Engin.

Censorship and bans

* "Legal censorship" against newspapers and magazines continued between July 
and October 2006. "Ulkede Ozgur Gundem" newspaper was banned from print for 
15 days on grounds of "continuously giving room to PKK statements".

A court ordered the seizure of Kaos GL magazine's summer issue on the theme 
of pornography ruling that it was against "general public moral" and Kaos GL 
is now taking the verdict to the ECHR.

* Ozgur Der member Bahadir Kurbanoglu, Mersin 78's Association Chairman 
Ethem Dincer, "Agos" newspaper Editor in Chief Hrant Dink and Sarkis 
Seropyan, editor Arat Dink were subject to new charges alongside the 
"Birgun" newspaper for a report on Saudi businessman Yasin El Kadi and 
"Leman" magazine as well as its cartoonist Mehmet Cagdag.

The number of court cases which was three last year in the same period was 
recorded as 7 in 2006.

* Long-term pressure related to published cartoons also reached its 
conclusion with the "Penguen" magazine fined 5,000 YTL in damages in a suit 
filed against it by Culture and Tourism Minister Atilla Koc.

And now the good news...

* The Beyoglu 2nd Criminal Court of First Instance acquitted "Father and 
Bastard" novel author Elif Safak who was put on trial for "publicly 
denigrating Turkishness" under article 301.

* The Bagcilar 2nd Criminal Court of First Instance dismissed charges 
against "Radikal" newspaper journalist Murat Yetkin for his article titled 
"Turkey will be on trial in the case launched against Orhan Pamuk" basing 
its verdict on statue of limitations.

The same court took the same decision for journalist Nese Duzel who was on 
trial for "propaganda" due to an interview she conducted with Democratic 
Society Party (DTP) founding member Orhan Dogan.

* Due to it being the summer months, the number of cases dealt with at the 
European Court of Human Rights was lower than usual and Turkey was sentenced 
to pay 7,000 YTL in damages in two cases brought before the court based on 
verdicts passed under penal code article 312.