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BİA report on media indicates freedom of speech in danger
The cases mentioned in the Media Watch Report are of particular significance as they come during a period of heated discussion of the ruling Justice and Development Party’s (AK Party) democratic initiative to address the country’s longstanding Kurdish problem. According to the BİA report, during the aforementioned three-month period the number of cases opened under TCK Article 216, which foresees jail sentences of one to three years for presenting a clear and present danger to public security for instigating hatred and enmity between one segment of society and another on the basis of social class, race, religion, sect or regional characteristics, increased significantly. Twelve people, five of them journalists, had cases opened against them under Article 216; a total of eight people had cases opened against them under the same article during July-Sept. 2008.
Journalists, Internet subject to limited freedoms
Forty-six people, 13 of them journalists, are facing a potential 76 years, 4 months and 20 days in prison in addition to TL 186,610 in fines on charges of insults and defamation in cases launched between July and September. A notable case among these is that of Şamil Tayyar, a columnist for the Star daily who was fined TL 2,610 for libeling Ergenekon suspect and journalist Güler Kömürcü and given a prison sentence of one year, six months for violating the suspect’s right to privacy.
The BİA report also noted an increase in Internet censorship, with a one-and-a-half-year ban on popular video-sharing Web site YouTube.com being joined by bans on MySpace.com and LastFM.com.tr.
Meanwhile, the BİA report also notes that Seyithan Demir, who was tried in Turkey on charges of separatism for stating during his military service that “we’re going to establish Kurdistan” and “the special forces and soldiers are killing our people and innocent children,” won a case at the European Court of Human Rights that will require Turkey to pay him 3,000 euros (TL 6,000) in compensation.
Also, the case against daily Sabah columnist Nurgün Balcıoğlu for criticizing retired judge Zekeriya Dilsizoğlu’s words that “in every 10,000 murder trials, a woman has a hand in 9,000 of them,” was thrown out by the Supreme Court of Appeals.
The BİA also notes in its report cases involving insults and slogans chanted in opposition to Prime Minister Recep Tayyip Erdoğan. The Bursa Second Juvenile Court convicted minor O.K. to three months, 26 days of community service on charges of defamation for saying, “You’re a lightbulb, Tayyip.” A 13-year-old, M.S.Ö., had charges dropped against him at the Aydın Juvenile Court for saying during a visit by Erdoğan, “God damn you.”
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