13 July 2006

1. "Kurdish Guerrillas Admit Killing Two Turkish Policemen", Kurdish guerrillas in a statement Tuesday claimed responsibility for the killing of two plainclothes police officers in southeastern Turkey.

2. "Another Charge Against Diyarbakir Mayor", another court case has been launched against Diyarbakir Metropolitan Mayor Baydemir, this time for remarks made while attempting to calm residents and security forces during the wave of violence that swept through city at the end of March.

3. "Turkish author back in court", the case against Turkish author Elif Shafak, who is charged with "insulting Turkishness" under Article 301 in the Turkish Criminal Code, was reopened.

4. "EP postpones talks on highly-critical Turkey report", the European Parliament on Tuesday postponed debates on a draft report entitled "Turkey's Progress Towards Accession" which includes a variety of criticisms of Turkey, until early September.

5. "Lagendijk urges visible progress on Kurdish issue before elections", a senior member of the European Parliament known for his genuine interest in Turkey publicly called on the Turkish government to make immediate, visible progress in areas regarding the Kurdish issue and freedom of speech, preferably before elections, cautioning that otherwise it would not be sensible for the government to expect compromise from the European Union regarding the thorny Cyprus issue.

6. "BIA² Releases 2nd Quarterly Monitoring Report", monitoring media freedoms and rights in Turkey, BIA² discloses 56 "Freedom of Expression" cases launched against 67 individuals from April through June as government still seeks to impose new restrictions. Turkey pays ECHR 332,000 YTL in 1.5 years.

1. - AP - "Kurdish Guerrillas Admit Killing Two Turkish Policemen":

ANKARA / 11 July 2006

Kurdish guerrillas in a statement Tuesday claimed responsibility for the killing of two plainclothes police officers in southeastern Turkey.

The policemen were gunned down as they were walking in the town of Idil in Sirnak province on Monday night.

In fresh violence Tuesday, also in Sirnak province, two people were injured when their vehicle hit a land mine, believed to have been planted by Kurdish guerrillas, near the village of Siyahkaya close to the Iraqi border, the governor's office announced. One of the injured was in serious condition, it said.

The governor's office said the vehicle belonged to a joint-venture of the state-run oil exploration company TPAO and the U.S.-based Chevron Corp. Initial reports had said four security guards were injured in the blast.

The guerrillas, fighting for autonomy in the Kurdish-dominated region for more than two decades, usually target soldiers, police and government workers.

The fight between Kurdish guerrillas and Turkey's security forces has claimed the lives of 37,000 people since 1984.

2. - Bianet - "Another Charge Against Diyarbakir Mayor":

Another court case has been launched against Diyarbakir Metropolitan Mayor Baydemir, this time for remarks made while attempting to calm residents and security forces during the wave of violence that swept through city at the end of March.

DIYARBAKIR / 10 July 2006 / by Erol Onderoglu

Diyarbakir's Metropolitan Mayor Osman Baydemir has been charged with "knowingly and willingly assisting" the outlawed Kurdistan Workers Party (PKK) through public remarks he made to calm residents and security forces during three days of violence that swept through the city following funeral ceremonies held on March 28 for PKK members killed in operations.

11 people including 5 children were killed when security forces opened fire on crowds during the incidents and over 600 people, including 200 children, were detained.

"Security forces should as of this hour withdraw to their stations. Our citizens who at this moment are conducting protests, should withdraw to their houses" were part of Baydemir's remarks that are evidence to his new offence.

Charged under article 314 of the Penal code that could carry a prison term of up to 15 years, Baydemir's case is listed to be heard at the Diyarbakir 6th High Criminal Court on October 3, 2006.

Republic prosecutor Muammer Ozcan is quoting various CD transcripts, newspaper reports and Internet print outs on organizational instructions in his indictment overall against the Mayor.

But Baydemir is primarily accused of assisting the PKK only through remarks he made at a press conference on March 29 where he called for calamity from both sides of the violence and insisted that a peaceful solution to the Kurdish problem was the only solution.

While being critical of security forces using disproportional force against demonstrators in his statement to the press, Baydemir called for everyone including the government to approach the issue with common sense and stressed, in an obvious appeal to the protestors themselves, that "the struggle as well as the methods used in the struggle carried out to prevent the oppressive wave and demand for democratic rights and freedoms, should be democratic."

Baydemir to testify this Friday

This week's new indictment of Baydemir follows two charges already filed against him by the Chief Prosecutor's Office of Diyarbakir at the end of May and early June and a charge against him from an Istanbul Prosecutor.

On charges of causing financial losses to the municipality and authorizing the use of a municipal ambulance to transport the funeral of a PKK militant, Baydemir faces up to 4 years imprisonment in Diyarbakir.

An Istanbul prosecutor has also demanded up to 18 months imprisonment for the mayor in relation to remarks he made to the popular Tempo magazine on the isolation conditions in prison of PKK leader Abdullah Ocalan.

3. - Alarab Online - "Turkish author back in court":

12 July 2006

The case against Turkish author Elif Shafak, who is charged with "insulting Turkishness" under Article 301 in the Turkish Criminal Code, was reopened.

Shafak wrote "The Bastard of Istanbul," in which a character references Armenian genocide, Thebookstandard.com reported Tuesday.

An Istanbul public prosecutor dismissed the charges last month, based on arguments that the book is a work of fiction and therefore cannot be prosecuted.

But a complaint from a member of the Unity of Jurists caused the seventh high criminal court to overrule the decision.

Similar charges have also been brought against Shafak's translator Asli Bican and publisher Semi Soekmen, of the Metis Publishing House.

"The situation in Turkey has changed since the introduction of Article 301 last year," Director of the Writers in Prison Committee at International PEN Sara Whyatt, told Thebookstandard.

"I think the trials are intended to harass and intimidate these writers and journalists. Elif Shafak is at the beginning of what could be a long and painful process."

4. - ABHaber - "EP postpones talks on highly-critical Turkey report":

12 July 2006

The European Parliament on Tuesday postponed debates on a draft report entitled "Turkey's Progress Towards Accession" which includes a variety of criticisms of Turkey, until early September.

Debates on the report, prepared by EP Committee on Foreign Affairs Rapporteur and MEP Camiel Eurlings, are now set for an EP session Sept. 4 to 7.

The decision to postpone talks comes after some 400 proposals for amendments to the draft report were submitted. Moreover at Tuesday's session of the EP Foreign Affairs Committee, some members stated that translation of the amendment requests will take a long time. However European diplomats stated that there are many conflicting views surrounding the proposed amendments.

While Eurlings said that more debates about Turkey are necessary, other MEPs recalled the latest developments on Cyprus as well as Turkey's plans to implement certain reforms on women's rights, obligatory religious lessons and religious minorities and requested the inclusion of these developments in the report. Other MEPs noted that the European Commission will also announce a progress report on Turkey and underlined the importance of back-to-back issuing of the two reports.

The draft report criticized a number of issues, including Cyprus, a slowdown in the EU reform process, the situation in the southeast, problems with religious minorities, cultural rights and civil-military relations. It raised particular concerns about the Semdinli incident, during which a bookshop in the southeast was allegedly bombed by members of the security forces, and called for an impartial and objective investigation into the incident.

Turkey's reservations to open its airports and harbors to the Greek Cypriots will have serious implications for the EU process and could even bring it to a halt, warned the draft report. The highly critical report also called on Turkey to take steps towards the recognition of the Greek Cypriot administration during the accession process and raises the idea of an early withdrawal of forces from the Turkish Republic of Northern Cyprus (TRNC). It also calls on the European Council to renew efforts to implement trade regulations with Northern Cyprus.

The EP report severely condemned the killing of Council of State Judge Mustafa Yucel Ozbilgin, expressing concern over the low-level of security offered to judges by the police despite clear and public threats, and called on the government to rectify the situation. The EP also condemned a resurgence of violence in the southeast by the terrorist Kurdistan Workers' Party (PKK) and stressed that there can never be an excuse for violence against Turkish citizens in any part of the country. The report also expressed solidarity with Turkey in fighting terrorism.

On the Armenian issue, the EP took note of a Turkish proposal to set up a bilateral committee of experts to deal with the tragic experiences of the past and of Armenia's position on the proposal. It also urged the Turkish and Armenian governments to continue their process of reconciliation leading to a mutually acceptable proposal and asked Turkey to take the necessary steps, without any preconditions, to establish diplomatic and good neighborly relations with Armenia and open the land border as soon as possible.

5. - Turkish Daily - "Lagendijk urges visible progress on Kurdish issue before elections":

ANKARA / 11 July 2006 / by Emine Kart

A senior member of the European Parliament known for his genuine interest in Turkey publicly called on the Turkish government to make immediate, visible progress in areas regarding the Kurdish issue and freedom of speech, preferably before elections, cautioning that otherwise it would not be sensible for the government to expect compromise from the European Union regarding the thorny Cyprus issue.

Joost Lagendijk, co-chairman of the Turkey-European Union Joint Parliamentary Committee, was in the Turkish capital yesterday to participate in a debate on the findings of a report jointly drawn up by the Istanbul-based Turkish Economic and Social Studies Foundation (TESEV) and the Norwegian Refugee Council's Internal Displacement Monitoring Center.

As it is hard to separate the issue of internal displacement in Turkey from the overall picture called the “Kurdish issue,” in his speech during the debate on the report titled “Overcoming a Legacy of Mistrust: Towards Reconciliation between the State and the Displaced,” Lagendijk preferred to focus on the overall picture and called for “countering the ugly face of the past.”

“These plans would only work if they are part of a bigger plan,” Lagendijk said, referring to separate plans made by the government or civil society for healing the wounds of hundreds of thousands of internally displaced persons (IDP) as a result of the conflict in the country's Southeast.

Although the Turkish government has taken a number of important steps to improve its response to the needs, the displaced still face significant obstacles in receiving just compensation for lost properties and support for integration, return or resettlement.

Some 360,000 Turkish citizens -- mostly Kurds -- were evicted from their villages during the armed conflict between Turkish security forces and the outlawed Kurdistan Workers' Party (PKK) between 1984 and 1999, according to government figures. Many more fled the region for fear of becoming targets of attacks and harassment. Today, the majority of the displaced are thought to live among the urban poor in informal settlements surrounding Turkey's major cities, where they face endemic unemployment and lack of access to education and health services. The government encourages voluntary return, but the paucity of reintegration support, lack of infrastructure in return areas, and the fragile security situation prevent many of the displaced from going back to their homes. Many also fear the continued presence of village guards who -- armed by the government to fight the outlawed Kurdistan Workers' Party (PKK) -- have been responsible for widespread human rights abuses against civilians. The recent escalation of violence threatens not only future returns but also the safety of those who already returned.

“Please show that you are committed to a wholesale solution,” Lagendijk requested of the government.

“We want to see the ambition of the government before elections. My humble advice would be to tackle the Kurdish issue before elections,” he added, referring to widely shared concerns both in European Union capitals and by the public in Turkey that stem from the idea that a potential crisis between Turkey and the EU lies ahead as electoral politics take precedence over EU-driven reforms in a mood of mutual disenchantment.

“How can you expect the EU to be flexible on Cyprus when there is no progress on the other two of the top three problems -- the Kurdish issue and freedom of speech?” Lagendijk briefly asked.

Turkey is under fire from the EU to open its ports and airports to traffic from EU member Greek Cyprus by the end of this year under a customs union protocol, but Ankara refuses to do so unless the international isolation of the Turkish Cypriots is eased. The dispute threatens to derail Turkey's entry process later this year.

“There, we want to make a compromise. It would be very useful for the Cyprus issue if there is visible progress on important other issues,” Lagendijk said in a brief conversation with Turkish Daily News following the debate, offering up the idea that clear progress on the Kurdish issue and freedom of speech would make things easier for the EU side as well as for the Turkish side.

Over the weekend, Foreign Minister Abdullah Gül said the government might summon the Parliament -- which is already on summer recess -- for an emergency meeting with the aim of passing certain EU harmonization laws before the autumn, when the EU executive European Commission will release a key progress report on Turkey.

Nobody wants a train crash to take place on the path to the EU, Gül said -- in reference to a phenomenon widely referred to by EU officials. He also noted that the government could summon Parliament to legislate the rest of the Ninth Harmonization Package.

When asked whether parliamentary ratification of the rest of the package could help things to get easier for Turkey, Lagendijk replied “no” and continued.

“Those would be the same sort of reforms that we have seen. They are all important but the point is that these are not issues that concern EU citizens or politicians.”

“Please adopt the package, that's fine, but at the same time come up with ideas for resolving key issues; I'm desperately making this plea here.

“I can't see why coming with a good plan for the region, the Southeast, would harm the AKP's [ruling Justice and Development Party] electoral process. I think they would be winners at home and in the EU by doing that. I can't see the opposition going to the region and saying, ‘No, we don't want the plan',” said Lagendijk, noting that he personally still believes in the government's commitment.

“At the moment nobody is expecting the CHP [main opposition Republican People's Party] to be more forthcoming or any other party, but the AKP government to take steps.”

6. - Bianet - "BIA² Releases 2nd Quarterly Monitoring Report":

Monitoring media freedoms and rights in Turkey, BIA² discloses 56 "Freedom of Expression" cases launched against 67 individuals from April through June as government still seeks to impose new restrictions. Turkey pays ECHR 332,000 YTL in 1.5 years.

ISTANBUL / 11 July 2006 / by Erol Onderoglu

"Perihan Magden, Birgul Ozbaris and Gokhan Gencay face up to 27 years imprisonment in total on charges of 'discouraging the public from military service'.

Everyone from journalists to tradespeople collide with freedom of expression limitations as charges are pressed. While Turkey loses at European Court of Human Rights (ECHR) freedom of expression cases, the taxpayer has to pay the compensation collectively".

The 2006 2nd Quarterly Report prepared by the "Network in Turkey for Monitoring and Covering Media Freedom and Independent Journalism" - BIA² Media Monitoring Desk and covering the months of April, May and June discloses factual details on the situation of the media in relation to rights and freedoms.

The 12-page BIA² report discloses that 56 new "Freedom of Expression" have been launched against 67 individuals from April through June as the government still seeks to impose new restrictions.

Covering the persecution of journalists and writers Nese Duzel, Sebati Karakurt, Perihan Magden, Hrant Dink, Birgül Ozbaris, Gokhan Gencay, Abdurrahman Dilipak, Memik Horuz, Evrim Dengiz, Nesrin Yazar, Rustu Demirkaya, Elif Shafak, Semih Sokmen, Asli Bicen, Sabri Ejder Ozic, Murat Belge, Murat Yetkin, Hasip Kaplan, Emine Senlikoglu, Mehmet Sevket Eygi and Musa Agacik the report stresses that Turkey has already been made to pay over 332,000 YTL (USD 207.500) in compensation in only 1.5 years at cases heard by the ECHR.

"While the reforms on the road to European Union membership were important steps for freedom of expression the Justice and Development Party (AKP) government has not only ignored the grave consequences created by the Criminal Code in just a year but has even passed a new form of the Anti-Terror Law (TMY) knowing it only brought more sentences at the ECHR in the past and does so today too" says the report.

BIA²: Government takes freedoms lightly

BIA² Media Monitoring Desk's report deals with the situation of journalists, writers and activists persecuted and prosecuted in Turkey under the headlines "attacks and threats", "detentions and arrests ", "trials and initiatives", "European Court of Human Rights", "RTUK applications", "adjustments and seeking justice" and "Reaction to censorship".

The report contains information on 56 court cases launched against 67 people, four journalists seeking their rights at local courts and 15 individuals who have applied to the European Court of Human Rights.

Charges made under Turkish Penal Code (TCK) article 288 (attempting to influence justice), 301/159 (Insulting Turkishness and state institutions), 318 (Discouraging the people from military service), 216 (Inciting hatred and enmity) are highlighted in the report together with Prime Minister Recep Tayyip Erdogan's reply to criticism of his conduct by filing for damages.

The "Independence" of Justice

The report cites developments over the past three months that reveal problems with regard to the independence of justice in Turkey.

It notes that while the Supreme Council of Judges and Prosecutors has no structural or functional autonomy, the fact that the Office of the Chief of General Staff and the Police force are at top of the list of institutions filing criminal complaints "creates a concerning picture for the freedom of media and expression".

"Covering a wide section of society from journalists to tradespeople at least 40 people have been put on trial or are still being tried under article 159 of the old TCK and article 301 of the new Code" it says.

Anti-Terror Law

The report states that while the consequences of the Penal Code are so clear the government's approval of the Anti-Terror Law (TMY) means "the freedom of media and expression of opinions is taken lightly".

The TMY that was passed by Parliament on June 29 and is currently the source of journalist Nese Duzel and Sebati Karakurt's trial does not only increase prison terms and extend them to new areas but in certain conditions also extends the criminal responsibility in publications from newspaper owners and editor-in-chiefs to "publication executives" the report warns.

It adds that the law amends previous articles in such way "that monetary fines are now changed to prison terms and allows the stopping of publications will also be a serious obstacle in the debate of issues such as the Kurdish problem and media coverage of these issues".

Says the report:

"The case launched against journalist Hrant Dink for his article series 'Armenian Identity' under article 159 turned into an adventure displaying differences of evaluation between local courts and the Supreme Court, constituting an important example. As observed in other "inciting hatred and enmity" cases, the Dink case also damaged "the feeling of justice" being upheld.

Human rights activists have now tied hoped to President Ahmet Necdet Sezer's veto of the TMY which has in the past 1.5 year alone cost Turkey 332.500 YTL at the European Court of Human Rights".

10 attacks on media, journalists in prison go up to 4

According to the report, nine journalists and one publishing company have been attacked in the past three months while two journalists have been threatened.

In the same period of last year the number of attacks recorded was 7. Another determination made by the report is that journalists working for the Kurdish press are frequently being charged with "assisting the PKK".

"Isci Koylu" [Workers Peasants] magazine Editor-in-Chief Memik Horuz was the only journalist "under arrest in prison in the scope of press freedoms" until the new year but since then Dicle News Agency (DIHA) reporters Evrim Dengiz, Nesrin Yazar and Rustu Demirkaya have been added to the list bringing up the number to 4 in six months. "Assisting the PKK" cases launched against the three journalists continues.

"Discouraging military service" a spreading threat

"Ulkede Ozgur Gundem" newspaper reporter Birgul Ozbaris has been charged seven times in trials related to her news coverage and interviews on conscientious objection and she faces 21 years imprisonment if found guilty.

"Birgun" newspaper Sunday Supplementary editor Gokhan Gencay interviewed conscientious objector Erkan Bolot, "Yeni Aktuel" magazine writer Perihan Magden wrote an article titled "Conscientious Objection is a Human Right". Both journalists face three years imprisonment each.

With amendments made in the Military justice and trial procedures, the trial of individuals such as Abdurrahman Dilipak at military courts will not be possible but civilian courts will be allowed to attribute to the Military Criminal Code where such trials are heard.

Article 301 puts over 40 on trial

The allegation of "Insulting Turkishness" has last been leveled against "Father and Bastard" novel author Elif Shafak, Metis Publishing House chief Semih Sokmen and translatorAsli Bicen.

An investigation on the same charge was also launched against the Head of the Armenian Apostolic Church Karekin II.

The justice system and security forces continue to show tolerance to Unity of Jurists group member attorney Kemal Kerincsiz and his associates who spread violence into court cases.

Radio broadcaster gets 6 months under 301

The Adana 5th Court of First Instance sentenced radio broadcaster Sabri Ejder Ozic to 6 months imprisonment under article 301 for "publicly insulting the parliament" despite opinions presented to the court by the Court of Appeals Public Prosecutor and the court's own prosecutor. The court neither deferred the sentence nor turned it into a monetary fine.

Yetkin faces 4.5 years for criticizing court case

It appears that the allegation of "attempting to influence a fair trial" that faces journalists every time judicial decisions are debated, is to continue to be a long-term problem.

Even though the case launched against "Radikal" newspaper writer Murat Belge for criticizing a court decision banning a conference on Ottoman Armenians resulted with an acquittal, four writers from "Radikal" and "Milliyet" newspapers were not fully cleared when the prosecution appealed against their acquittal.

On top of these, a prosecutor now demands 4.5 years imprisonment for "Radikal" newspaper writer Murat Yetkin for criticizing the court case against renown author Orhan Pamuk.

TCK's article 216 is also leading to different consequences in judiciary practice. Jurist Hasip Kaplan who expressed his views on contemporary issues on a television program aired by "Flash TV" was acquitted in the case where he was charged with "inciting hatred and enmity".

However, journalist-writer Emine Senlikoglu was sentenced to 12 months imprisonment for expressing her views on a television program she attended in Manavgat in the year 2000.

This allegation was also leveled against "Milli Gazete" newspaper writer Mehmet Sevket Eygi in the past three months.

Following up on the kicking

Journalist Musa Agacik who four years ago was covering Prime Minister Erdogan during a festival was kicked by the PM's bodyguard Murat Oksuz . Star newspaper reporter Agacik could find no one to testify as witness to the assault but pursued his claim that resulted with an administrative monetary fine for Oksuz. (EO/II/YE)

* The full report in Turkish can be obtained from Bianet. Please contact Erol Onderoglu, Tel: 0212 251 1503 Fax: 251 1609 e-mail: hukuk@bianet.org for more information.