95 journalists and 35 distributors welcomed the month of July in prison. All are imprisoned for connections with a “terrorist organisation” within the scope of the Anti-Terror Law (TMK) and the Turkish Penal Code (TCK). Sixty-two of the 95 imprisoned journalists and all of the 35 imprisoned distributors are from the Kurdish media.
These journalists and distributors are being accused with “creating a media for the illegal organisation.” Ordinary journalism activities, such as “following news,” “writing books,” “criticizing the government,” and “working for the Kurdish media,” are – in general – being defined as offenses.
Among alleged offenses are, “committing an offense on behalf of the group, without being a member of that group” and/or “knowingly and willingly assisting a group although not being in the hierarchical structure of the group.” Some journalists are on trial for setting up an armed or unarmed group, motivating and commanding it, and/or being a member of it. The courts have already delivered verdicts in some of these trials.
Only four journalists are being tried in penal suits brought directly because of their news reports, articles or books: Azadiya Welat newspaper’s editors-in-chief Vedat Kurşun, Ruken Ergün and Ozan Kılınç, and Aram Publishing’s owner and Hawar newspaper’s executive Bedri Adanır.
Despite the fact that arrest is a precautionary measure, criteria such as “danger of absconding,” “destruction, concealment, alteration of evidence” “influencing the witness,” and “intense and strong suspicion of crime,” together with the criteria that the accusations are within the scope of Article 100 of the Code of Criminal Procedure, continued to serve as grounds in the second quarter of 2012.
The Dink Murder
Samast was fined for threatening: On 28 June, the İstanbul 35th Criminal Court of Peace, handed out a punitive fine that corresponds to 30 days to Ogün Samast, who is the murderer of Agos newspaper’s editor-in-chief Hrant Dink, for saying “Only 5 years to go, we will meet again,” to Hosrof Dink. Samast received a punitive fine of 600 Turkish liras (about 255 euros), 20 liras for each day, for ‘threatening.’ The fine was not postponed.
Dink file is with the Supreme Court of Appeals: The case file regarding the murder of Agos newspaper’s editor-in-chief Hrant Dink was sent to the Supreme Court of Appeals on 6 June. After the reasoned decision of the Dink case at the İstanbul 14th High Criminal Court reached both parties, the court sent the file to the Supreme Court of Appeals. The court had made a ruling during the hearing on 17 January, and had announced the reasoned decision about a month later.
Dink family applied to the Chief Public Prosecutor: The lawyers of the Dink family submitted two letters of application to the İstanbul Chief Public Prosecutor’s Office on 4 June about the civil servants, who had a responsibility in the Dink murder. In the letters of application, the lawyers demanded that the investigation be extended, adding that there is adequate evidence regarding the civil servants and that a law suit should be brought against them.
Letter to the Council of Europe: Dink family’s lawyer Fethiye Çetin wrote a letter to the Committee of Ministers of the Council of Europe on 14 June. In the letter, the lawyer stated that the government did not take any serious and concrete steps to enforce the decision of the European Court of Human Rights (ECHR), which had found Turkey guilty. She added that those responsible were not taken to court, but were rather awarded through promotions.
Parliamentary question from Tanrıkulu: Republican People’s Party’s (CHP) Deputy Chairman Sezgin Tanrıkulu presented a parliamentary question to the Presidency of the Turkish Grand National Assembly (TBMM) about the Hrant Dink murder on 23 May. Tanrıkulu asked Justice Minister Sadullah Ergin why the necessary steps were not being taken with regards the civil servants, who have connections with the murder.
Parliamentary question from Dibek: Interior Minister İdris Naim Şahin replied CHP Deputy Turgut Dibek’s parliamentary question about the Dink murder on 7 May. In his reply, Şahin stated that one of the security officers was handed a long-term suspension from his duty, three security officers had a salary cut, three security officers were reprimanded and one security officer received a warning on grounds that they had negligence in the murder. Şahin added that judicially, an investigation permit was not given about eight personnel, there was no grounds for additional proceedings for 31 personnel, two personnel were acquitted, and the prosecutorial investigation about one personnel is on-going. The interior minister said that four paramilitary police officers were sentenced to four months in prison, one was sentenced to six months in prison, and two paramilitary police officers were acquitted.
Samast’s membership in an organisation: Hrant Dink’s murderer Ogün Samast stood trial for “membership in a terrorist organisation” on 26 April at the İstanbul 2nd Juvenile High Criminal Court. Previously, the İstanbul 14th High Criminal Court had acquitted the defendants including Yasin Hayal and Erhan Tuncel from charges of membership in a terrorist organisation citing lack of evidence. The panel of judges at the İstanbul 2nd Juvenile High Criminal Court decided to wait for the finalisation of the decision by the Supreme Court of Appeals.
Separately, the court decided to request the sections that mention Dink in the record of the proceedings of the Ergenokon files from the İstanbul 13th High Criminal Court. The hearing was postponed to 18 September.
Güney Marmara’da Yaşam (‘Life in Southern Marmara’) newspaper’s chief editor Cihan Hayırsevener was killed on 18 December 2009. The fourth hearing of the trial regarding the murder was heard before the İstanbul 10th Specially Authorised High Criminal Court on 22 May. A total of 18 defendants, three of whom have been arrested pending the outcome of the trial, are being charged with organised crime. İhsan Kuruoğlu, who is allegedly the instigator of the murder, Serkan Erakkuş, who is being charged with murder, and driver Kerem Yılmaz, who is being accused with acting in conjunction with the gunman suspect were all present at the hearing. During the hearing, anonymous witness Bandırma explained how Serkan Erakkuş, who pulled the trigger, killed Hayırsevener. With the statements of the anonymous witness, Erakkuş’s testimony was disproven. Erakkuş had said that Hayırsevener had insulted him on the road and therefore, he hit Hayırsevener with the keychain he was holding. Erakkuş had continued by saying that when Hayırsevener, who fell on the ground, reached for something inside his bag, he got scared and fired at him. Following the statements of the anonymous witness, the panel of judges listened to the requests of the lawyers of the defendants and rejected the request for a release. The hearing was postponed to 28 August.
Hayırsevener was killed on 18 December 2009, while walking on the street in Bandırma soon after publishing articles on the corruption in the public tenders of the municipality in October 2009.
In May 2011, the 5th Criminal Division of the Supreme Court of Appeals joined the trial being held on grounds of ‘establishing an organisation to serve personal interests,’ ‘membership in an illegal organisation,’ ‘conspiring to rig the bids in a public tender’ with the trial regarding the murder of the journalist. In the trial, which was joined with the ‘conspiring to rig the bids in a public tender’ trial by the 5th Criminal Division of the Supreme Court of Appeals, İlk Haber (‘First News’) newspaper’s founder İhsan Kuruoğlu and publication adviser Engin Arıcan are among the 18 defendants being charged.
Click for a table of imprisoned journalists.
Ninety-five journalists and 35 distributors all welcomed the month of July in prison. All journalists are imprisoned for connections with an ‘organisation’ within the scope of the Anti-Terror Law (TMK) and the Turkish Penal Code (TCK).
Only four journalists are being accused and tried in suits brought directly because of their news reports, articles or books: Azadiya Welat newspaper’s editors-in-chief Vedat Kurşun, Ruken Ergün and Ozan Kılınç, and Aram Publishing’s owner and Hawar newspaper’s executive Bedri Adanır.
Sixty-two out of 95 journalists are in prison because of trials related to ‘Kurdistan Union of Communities-Turkey’ (KCK), ‘PKK’ and ‘DYG’, five are in prison because of trials related to ‘Revolutionary People’s Liberation Party-Front’ (DHKP-C), six are in prison because of trials related to ‘Ergenekon’, five are in prison because of trials related to the ‘Marxist Leninist Communist Party’ (MLKP), four are in prison because of trials related to OdaTV, three are in prison because of trials related to the ‘Revolutionary Camp’, one is in prison because of a trial related to the ‘Resistance Movement’, one is in prison because of a trial related to the Turkish Communist Labor Party/ Leninist (TKEP/L) organisation and one is in prison because of a trial related to the Turkish Islamic militant group İBDA-C (‘The Great Eastern Islamic Raiders’ Front’). The organisation connection of one journalist is not known.
Twenty-four out of 95 journalists have been convicted and 57 are still on trial. Fourteen are still awaiting the first hearing. They don’t know under what allegations they have been arrested since their bill of indictments had not yet been announced as of 30 June.
A total of 26 journalists from the Dicle News Agency are in prison; four have been convicted; 15 journalists – two of whom are former employees – are on trial; and seven journalists – one of whom is a former employee – are awaiting the bill of indictment.
A total of 14 journalists from the Azadiya Welat newspaper are in prison; nine have been convicted; three are on trial; two are awaiting the bill of indictment.
A total of ten journalists from the Özgür Gündem (‘Free Agenda’) are in prison; eight journalists – three of whom are former employees – are on trial; and two are awaiting the bill of indictment.
Three journalists from the Özgür Halk (‘Free People’) magazine are in prison. Two have been convicted and one is on trial. Three journalists from the Demokratik Modernite (‘Democratic Modernity’) magazine are on trial.
Ergenekon/Those on trial: Hikmet Çiçek (executive editor of the Ulusal Kanal (‘National Channel’)), Mehmet Deniz Yıldırım (executive editor of the Aydınlık (‘Light’) magazine), Mehmet Haberal (Channel B owner), Mustafa Balbay (Cumhuriyet) (‘Republic’) columnist/Republican Turkish Party (CHP) deputy), Tuncay Özkan (Channel Biz TV’s owner).
OdaTV/Those on trial: Barış Pehlivan (OdaTV Internet site’s executive editor), Barış Terkoğlu (OdaTV Internet site’s news director), Soner Yalçın (OdaTV’s owner), Professor Dr. Yalçın Küçük (OdaTV’s writer)
OdaTV/Those awaiting the bill of indictment: Turan Özlü (Ulusal Kanal’s executive editor)
Click for a table about OdaTV.
Revolutionary Camp/Convictions: Mehmet Yeşiltepe (Revolutionary Movement’s writer – 8 years and 9 months)
Revolutionary Camp / Those on trial: Hakan Soytemiz (Red/Enternasyonel’s (‘Red/International’) writer) and Mehmet Güneş (Türkiye Gerçeği (‘Turkey’s Reality’) magazine’s writer)
KCK – PKK – DYG/ Convictions: Abdülcabbar Karabeğ (Azadiya Welat’s Mersin representative – 7 years and 1 month), Ali Konar (Azadiya Welat’s Elazığ representative – 7 years and 6 months), Bayram Parlak (Gündem Mersin’s (‘Agenda Mersin’) representative – 6 years and 3 months), Faysal Tunç (DİHA’s Şırnak reporter – 12 years and 6 months), Ferhat Çiftçi (Azadiya Welat’s Antep representative, 22 years and 8 months), Hamit Dılbahar (Azadiya Welat’s writer), Kenan Karavil (Radio Dünya’s Manager – 6 years and 3 months), Mehmet Karaaslan (DİHA’s Mersin reporter – 6 years and 3 months), M. Ferid Demirel (DİHA’s reporter – 6 years and 3 months), Murat İlhan (Azadiya Welat’s Diyarbakır reporter – 6 years and 3 months), Nuri Yeşil (Azadiya Welat’s Tunceli representative – 1 year and 7 months), Ömer Faruk Çalışkan (Özgür Halk (‘Free People’) magazine’s editor-in-chief – 6 years and 3 months), Sevcan Atak (Özgür Halk magazine’s editor – 7 years and 6 months), Seyithan Akyüz (Azadiya Welat’s Adana representative – 10 years and 6 months), and Şahabettin Demir (DİHA’s Van reporter – 4 years).
KCK – PKK – DYG/Those on trial: Ahmet Akyol (DİHA’s Adana reporter), Ahmet Birsin (Gün TV’s general manager), Aydın Yıldız (DİHA’s Mersin reporter), Ayşe Oyman (Özgür Gündem’s editor), Aziz Tekin (Azadiya Welat’s Mardin representative), Çağdaş Kaplan (DİHA reporter), Çağdaş Ulus (Vatan (‘Motherland’) newspaper’s reporter), Dilek Demirel (Özgür Gündem’s former editor), Ertuş Bozkurt (Fırat Distribution’s employee, reporter), Fatma Koçak (DİHA’s editor-in-chief), Hüseyin Deniz (Evrensel’s reporter), İsmail Yıldız (DİHA’s former employee, Dersim newspaper’s editor-in-chief), Kenan Kırkaya (DİHA’s Ankara representative), Mazlum Özdemir (DİHA’s Diyarbakır reporter), Mehmet Emin Yıldırım (Azadiya Welat’s general manager), Nahide Ermiş (member of the Demokratik Modernite (‘Democratic Modernity’) editorial board), Nevin Erdemir (Özgür Gündem’s editor), Nilgün Yıldız (DİHA’s Mardin reporter), Nurettin Fırat (Özgür Gündem’s writer), Oktay Candemir (DİHA’s former reporter), Ömer Çelik (DİHA’s reporter, Ömer Çiftçi (Demokratik Modernite’s owner), Ramazan Pekgöz (DİHA’s Diyarbakır editor), Sadık Topaloğlu (DİHA’s reporter), Sebahattin Sürmeli (Özgür Halk magazine’s editor), Selahattin Aslan (Demokratik Modernite’s editor), Semiha Alankuş (DİHA’s Diyarbakır editor), Sibel Güler (Özgür Gündem’s former editor), Sinan Aygül (DİHA’s Bitlis reporter), Tayyip Temel (Azadiya Welat’s former general manager), Turabi Kişin (Özgür Gündem’s former editor), Yüksel Genç (Özgür Gündem’s writer), Zeynep Kuray (Birgün’s reporter), Ziya Çiçekçi (Özgür Gündem’s owner, editor-in-chief), Zuhal Tekiner (DİHA’s owner)
KCK – PKK – DYG/Those awaiting the bill of indictment: Abdullah Çetin (DİHA’s Siirt reporter), Abdülmenaf Düzenci (Yüksekova Gündem News site’s owner), Cengiz Kapmaz (Özgür Gündem’s writer), Feyyaz Deniz (DİHA’s Ankara reporter), Gülsen Aslan (DİHA’s reporter), Hasan Özgüneş (Azadiya Welat’s writer), Kazım Şeker (Özgür Gündem’s editor), Mazlum Sezer (DİHA’s former reporter), Murat Aydın (DİHA’s reporter), Müge Tuzcu (former Evrensel reporter), Özlem Ağuş (DİHA’s reporter), Sultan Şaman (Heviya Jine’s editor),
DHKP-C/Convictions: Mustafa Gök (Emek ve Adalet (‘Labour and Justice’) magazine’s Ankara representative)
DHKP-C/Those on trial: Cihan Gün (Yürüyüş (‘March’) magazine’s reporter), Fatih Özgür Aydın (Mühendislik, Mimarlık ve Planlamada + İvme (‘+Acceleration in Engineering, Architecture and Planning’ Magazine’s editor-in-chief),), Halit Güdenoğlu (Kamu Emekçileri (‘Public Servants’) magazine’s owner), Kaan Ünsal (Yürüyüş magazine’s reporter), Musa Kurt (Kamu Emekçileri magazine’s editor-in-chief), Naciye Yavuz (Yürüyüş magazine’s reporter).
MLKP/Convictions: Erdal Süsem (Eylül Hapishane (‘September Prison’) magazine’s editor – life imprisonment) and Hatice Duman (Atılım (‘Leap’) Magazine’s owner and editor-in-chief – life imprisonment).
MLKP/Those on trial: Bayram Namaz (Atılım magazine’s writer), Füsun Erdoğan (Özgür (‘Free’) Radio’s general editorial coordinator), Sedat Şenoğlu (Atılım Newspaper’s publishing coordinator).
Odak magazine’s editor-in-chief Erol Zavar has been sentenced to life in prison in the trial on the ‘Direniş Hareketi’ (‘Resistance Movement’). Mezitli FM’s general manager Mikdat Algül is standing trial for ‘connections with a terrorist organisation.’ But the organisation’s name is not mentioned. Gülnaz Yıldırım Yıldız, the former editor-in-chief of the Yeni Evrede Mücadele Birliği (‘Struggle Unity in the New Phase’) has been sentenced to three years and nine months in prison in the TKEP/L trial. Şükrü Sak, the executive editor of the Akıncı Yol (‘Pioneer Path’) magazine has been convicted in the İBDA-C trial.
Distributors and employees
Thirty-five distributors and employees were in prison as of 30 June. Nine of the arrested distributors and employees within the framework of KCK-PKK-DYG trials have been convicted, 17 are standing trial, and five are awaiting the bill of indictment. Four are standing trial without a bill of indictment. There is no access to information regarding the convicts.
Click for a table of distributors and employees.
KCK-PKK-DYG/Convictions: Ali Bilen (Özgür Halk’s distributor – 8 years and 8 months), Ali Çat (Fırat Distribution-Azadiya Welat’s Mersin distributor – 7 years and 1 month), Cengiz Doğan (Fırat Distribution – Azadiya Welat’s Nusaybin employee – 3 years and 7 months), Dilşah Ercan (Azadiya Welat’s Mersin distributor – 8 years and 9 months), Dindare Temirhan (Özgür Halk magazine’s Mardin employee – 2 years and 6 months), İhsan Sinmiş (Azadiya Welat’s distributor – 6 years and 3 months), Mikail Çağrıcı (Azadiya Welat’s Adana distributor, life imprisonment), Selim Kahraman (Azadiya Welat’s Adana distributor – 14 years and 3 months), Sibel Mustafaoğlu (Fırat Distribution’s Antep employee – 21 years and 6 months).
KCK-PKK-DYG/Those on trial: Ali Ertuğrul (Azadiya Welat’s Şırnak distributor), Cihat Ablay (Demokratik Modernite’s employee), Çiğdem Aslan (Fırat Distribution’s accountant), Davut Uçar (Özgür Gündem’s sales and marketing executive), Hakan İraz (Günlük’s (‘Daily’) distributor), Haydar Tekin (Fırat Distribution’s former employee), İrfan Bilgiç (Fırat Distribution’s former employee), Nazdar Ecevit (Azadiya Welat’s Şırnak distributor), Pervin Yerlikaya (DİHA’s İstanbul employee), Ramazan Dinç (Özgür Halk’s Diyarbakır employee), Saffet Orman (Demokratik Modernite’s Van employee), Salman Akpınar (Fırat Distribution’s employee), Savaş Aslan (Azadiya Welat’s Adana distributor), Serdar Ay (Fırat Distribution’s Diyarbakır distributor), Şeyhmus Fidan (Fırat Distribution’s İstanbul employee), Ufuk Demir (Fırat Distribution’s former employee in Iğdır), Zahide Parim (Fırat Distribution’s former employee in Iğdır).
KCK-PKK-DYG/Those awaiting the bill of indictments: Abdülbesir Yapıcı (Azadiya Welat’s employee), Mahmut Tutal (Azadiya Welat’s employee), Şafak Çelen (Azadiya Welat’s employee), Şahin Baydağı (Azadiya Welat’s Kızıltepe former distributor), Veysi Arancak (Fırat Distribution’s İstanbul employee).
Uğur was released: Journalist Müyesser Yıldız Uğur, who had been arrested pending the outcome of the OdaTV trial, was released on 18 June at the OdaTV hearing at the İstanbul 16th High Criminal Court. The court cited the “time Uğur remained under arrest, the possibility of a change in the classification of offense and evidence situation” as grounds for the release.
Okar was released: Baha Okar, the managing director and editor of the Bilim ve Gelecek (‘Science and Future’) magazine was released on 1 May after remaining under arrest for 19 months.
Engin’s penalty is over: Özgür Gündem’s editor Serdar Engin got out of prison on 13 April within the scope of the Supervised Probation Law. Engin had been convicted under Article 215 of the TCK. His prison term ended on 13 May.
Zarakolu and Karatagna were released: Fifteen people, including publisher-writer Ragıp Zarakolu and Özgür Gündem’s writer Songül Karatagna, who had been arrested pending the outcome of the KCK trial, were released on 10 April. İstanbul 15th High Criminal Court cited “the time they remained under arrest, the possibility of a change in the classification of offense and evidence situation” as grounds for the release.
Hamdiye Çiftçi was released: DİHA reporter Hamdiye Çiftçi, who had been arrested within the scope of KCK operations in Hakkâri, was released by the Van 3rd High Criminal Court on 10 April.
Murat Çiftçi was released: DİHA reporter Murat Çiftçi has been standing trial at the Diyarbakır 7th High Criminal Court because of a news report he prepared on Gülistan Encü, the key name in the Urfa KCK file. He was released on 2 April.
TRT kicked Haber-Sen out of the room: On 22 June, TRT Ankara Radio’s management sent Journalism and Communications Union Haber-Sen, which is affiliated with KESK (The Confederation of Public Workers’ Unions), a notice informing the union that its room would be relocated on the said day on the said time. However the Radio Management did not go to Haber-Sen on 28 June on the said time. The management opened the door of the union’s representation with the help of a locksmith while the union members were at the protest organised by KESK. They took the belongings and documents of the Haber-Sen members out of the room. Haber-Sen said it would file a legal complaint against the TRT management.
Libel against Alçı: The Habervaktim Internet site insulted Aksam newspaper’s writer Nagehan Alçı on 26 June, through an article titled, “How Much Money Do You Want? What is Your Price Nagehan?” Alçı had supported writer Bayramoğlu during the lynching campaign against him.
Social lynching against Sam: On 21 June, during a chat session at the Van 100. Yıl University, singer and actress Şevval Sam had said: “For me, a headscarf is a piece of textile.” A lynching campaign began against her in the social media. In the face of the reactions, Sam published a statement saying that she did not make a negative judgment about the headscarf. Düzce Municipality announced that the concert by Sam scheduled for the 29th of June had been cancelled.
Bayramoğlu was pointed as a target: Habervaktim launched a smear campaign against Yeni Şafak newspaper’s writer Ali Bayramoğlu on 21 June. Bayramoğlu stated that he would sue the web site. Journalists and writers published a declaration with 221 signatures, under the heading of ‘We are Drawing Attention to the Danger’ to condemn the Akit daily and filed a criminal complaint against the newspaper.
Raid against Atılım and ETHA: On 26 June, police raided Etkin (‘Active’) News Agency (ETHA) and Atılım Newspaper. The 9th High Criminal Court, in a decision, had ruled that ETHA and Atılım are the media organs of MLKP (“Marxist-Leninist Communist Party’). The computers, hard disks and cameras of the journalists were taken during the raid. No one was detained.
Cyber attack by Redhack against the TSK: On 12 June, RedHack attacked the servers of the Turkish Armed Forces (TSK) and got a hold of the Army Personnel List of the Land Forces Command 2nd Mountain Commando Brigade. Documents containing information regarding the identity of TSK personnel, their ranks and registration numbers and duties were published.
Akit pointed bianet as target: The Yeni Akit newspaper and Habervaktim on 4 June, published a report about bianet’s abortion right campaign, pointing the website as a target. The report’s title was: ‘Creatures that are lesser than animals are on stage for abortion.’
Turan’s camera was broken: On 2 June, journalists waiting to cover the release from the Metris Prison of Ahmet Çelebi, Ali Kıratlı, Haldun Şenman, Sami Dinç and Bülent İşçen, who had been arrested pending the outcome of the Match Fixing Case, were attacked. The camera of İhlâs News Agency (İHA) cameraman Onur Turan was broken.
Attack against İdil: On 1 June, Molotov cocktails were hurled at the weekly İdil newspaper, which is published in the İdil District of Şırnak, by unidentified persons.
Kazete.com was brought down: On 29 May, the Independent Women’s Newspaper KAZETE Internet site was brought down. In a statement by KAZETE, it was said that the data of the site had been backed-up until 9 April and that there was no access to the reports published after that date up until the date of the attack.
Attack against the photographer: On 28 May, Fenerbahçe football team’s goalkeeper Volkan Demirel attacked Habertürk’s photographer Vedat Danacı, who was taking the photographs of the football players at the Austria football camp. National team football player Caner Erkin put pressure on Sabah photographer Oğuz Yörük, who photographed the whole event, to delete the photographs.
Arsan was pointed as a target: On 24 May, Yeni Akit newspaper published reports about Bilgi University’s Academic Member, Associate Professor Doctor Esra Arsan, who had given an interview to the ANF, and pointed her as a target. The titles of the reports were “A PKK supporter at the university” and “Pro-PKK rhetoric from the academic member.” On 25 May, Arsan stated that she would sue the newspaper.
On 31 May, it was published in the social media that Arsan would be expelled from the Bilgi University. TGS (‘Turkish Journalists Union’), TGC (‘Turkish Journalists’ Association’) and ÇGD (‘Contemporary Journalists Association’) published statements stating that they were against the expulsion of Arsan. On 1 June, students staged a protest at the Bilgi University in support of Arsan. The university management stated that the decision had nothing to do with Arsan’s interview to the ANF or the allegations published by Yeni Akit. The university stated on 5 June that Arsan would continue her job at the Social Sciences Institute.
Penguen publication: The fire department report regarding the fire at the weekly humour magazine Penguen on 3 May, was published on 17 May. In the report, it was stated that the fire was not an accident, and that unidentified person or persons had started it. The Office of the Attorney General launched an investigation. Caricaturist Metin Üstündağ and Ercan Genç, who works at the magazine, had been affected by the smoke during the fire.
Attack against Ünsal: During the final hearing of the trial of İbrahim Etik, who is being charged with deliberately murdering his wife Şefika Etik in Manisa, Etik’s sons S.E. and M.E. attacked Habertürk reporter Ahmet Ünsal. Ünsal was taken to the emergency room.
Local newspaper pointed Yağcı as target: Çorum’s local newspaper Manşet (‘Headline’) pointed Academic Member Oya Yağcı of the Economics and Administrative Sciences Faculty of the Hitit University as a target, because she participated in the 1 May demonstrations. Following the news report, Mehmet Öztürk from the Çorum branch of Eğitim-Sen (‘Education and Science Worker’s Union’), stated that the newspaper has violated the universal press principles and that they would file a legal complaint against the newspaper.
Cyber attack: On 27 April, Anonymous, RedHack, DGVirus, AnarcyCrew attacked certain institutions such as TTNet (Turkish Telecom’s Internet service provider), Security General Directorate, Ministry of Justice and the Supreme Court of Appeals. The arrest of seven youngsters, who allegedly had connections with RedHack and the outrageous price TTNet demands for Internet services, were cited as reasons for the attacks.
Redhack, hacked the Internet sites of milk producers Pınar Süt, Yörükoğlu and Gülsan Gıda, who had distributed free milk to schools, after more than a thousand children became ill on the first day of the project.
Redhack continued its attacks on 3 May with the help of Anonymous. It hacked the Internet sites of the Ministry of Health, TÜBİTAK (Turkey’s official science and technology institution), TTNET and Mayor Melih Gökçek of the Ankara Metropolitan Municipality.
Ban on Kurdish banners at the İstanbul University: On 9 April, at the İstanbul University Science and Literature Faculty, police and special security personnel attempted to stop the students, who were hanging Turkish and Kurdish banners to protests the job murders. Five students were injured during the incidents. The banners were removed.
Özgür Gündem trials: Özgür Gündem and Günlük newspapers’ owner and ex editor-in-chief Ziya Çiçekçi was sentenced to five years in prison on 29 June by the 17th Criminal Court of First Instance in three different trials. Çiçekci has been sentenced to a total of 33 years six months and 25 days in prison and was handed a monetary fine of 16 thousand 600 Turkish Liras (about 7,000 euros) in 25 trials he was standing because of his job. The files are being evaluated by the Supreme Court of Appeals. The investigations, trials and conviction decisions are based on allegations of ‘identifying
officials on anti-terrorist duties as targets’ (Article 6 of TMK), ‘propaganda’ (Article 7 of the TMK) and ‘praising the crime and the criminal’ (Article 215 of the TCK).
The three trials and two investigations against Reyhan Çapan, who is the editor-in-chief of the Özgür Gündem newspaper, are continuing. Cases have also been brought against the writers of the newspaper Veysi Kemal Sarısözen, Yüksel Genç, news director Ramazan Pekgöz and Günlük newspaper’s executive editor Filiz Koçali. On 12 April, the Supreme Court of Appeals upheld a one year and six months prison sentence handed out to Sarısözen by the 13th High Criminal Court. Sarısözen was being charged with ‘making propaganda on behalf of a terrorist organisation’ (Article 7/2 of the TMK) because of an article he wrote in 2007 titled, “Etcetera Etcetera…”
Kayar was detained: DİHA’s Diyarbakır Regional News Director Sertaç Kayar was detained on 29 June on grounds that he did not testify in a case against him. Kayar was kept at the Kulp District Gendarmerie Command and then was taken to the Diyarbakır Court House on 30 June. Kayar was freed when it was understood that although his testimony could not be found on the system, he had actually testified.
Joined Ergenekon cases: The 197th hearing of the Ergenekon trial was on 29 June. In the hearing at the İstanbul 13th High Criminal Court, the defendants related to the Şile excavations were cross-examined. The next hearing was scheduled for 3 July.
A total of 273 defendants are standing trial in 18 cases within the scope of Ergenekon. Sixty-eight of the defendants have been arrested pending the outcome of the trial. The case about the leaders and members of the Labour Party was joined on 14 June with the Ergenekon case; Action Plan Against Reactionary Forces was joined on 7 May; the first and the second Ergenekon cases were joined on 27 April.
Journalists Tuncay Özkan, Mustafa Balbay, Yalçın Küçük and Kanal BİZ owner Mehmet Haberal are being charged with ‘attempting to dissolve the Turkish Grand National Assembly’ (Article 311 of the TCK), ‘attempting to dissolve the government’ (Article 312 of the TCK), ‘ forming and commanding an organised criminal group’ (Article 314/1 of the TCK) and ‘being a member of a terrorist organisation’ (Article 314/2 of the TCK).
For giving interviews to ROJ TV: Lawyer Şiar Rişvanoğlu was sentenced to two years four months and three days in prison on 28 June, for ‘making propaganda on behalf of a terrorist organisation’ (Article 7/2 of the TMK). The panel of judges had failed to deliver a judgment on 17 May and postponed the hearing. Rişvanoğlu was standing trial at the Adana 6th High Criminal Court for the things he said on ROJ TV on 1-3 May 2010. The file is with the Supreme Court of Appeals.
Lawyer Şiar Rişvanoğlu is standing trial for ‘holding an illegal meeting and demonstration’ during the 2010 Newroz celebrations in Adana (violating Articles 12 and 23 of the Law No: 2911 on Meetings and Demonstrations). The fifth hearing of the trial was on 29 June. During the hearing at the Adana 3rd Criminal Court of First Instance, the statements of some of the defendants were taken. Time was granted for those defendants, who could not give their additional statements. The file is being examined since 26 April for a judgement. The trial, which has been going on since 30 June 2010, was postponed to 5 October.
Tunç sentenced to two years in prison: Singer Ferhat Tunç was sentenced to two years in prison on 27 June because of the 1 May speech he gave when he was running for parliament in the 2011 elections from the Labour, Democracy and Freedom Bloc. Tunç had testified during the first hearing on 31 May. The file is with the Supreme Court of Appeals. Tunç was being charged with ‘making propaganda on behalf of the Maoist Communist Party (MKP)’ (Article 7/2 of TMK) by the Malatya Specially Authorised 3rd High Criminal Court because he said: “I salute all of you with the revolutionist spirit of Deniz Gezmiş, Mahir Çayan, İbrahim Kaypakkaya.” Two trials and seven investigations had previously been brought against Tunç for his speeches in the run-up to the elections.
Feto and Apo: On 27 June, Gerger Fırat newspaper’s owner Hacı Boğatekin was sentenced to a year in prison by the Malatya 3rd High Criminal Court for ‘praising the crime and the criminal’ (Article 215 of the TCK) by writing an article titled “Feto and Apo” in 2008. In February, the Supreme Court of Appeals had overturned the one year and eight months prison sentence handed out to Boğatekin by the Malatya 3rd High Criminal Court for ‘making propaganda on behalf of the terrorist organisation’ (Article 7/2 of the TMK). The first hearing of the new trial was on 31 May. Boğatekin was ordered to testify at the Gerger Court on 14 June because he had not attended the hearing.
Damage to property: Hacı Boğatekin from the Gerger Fırat Newspaper had brought a case against İlhan Karatekin in 2009, saying that Karatekin had attacked him as he was covering a story in the Gerger district of Adana. The trial was on 26 June. The hearing at the Gerger Criminal Court of First Instance was postponed to 26 September with the purpose of listening to the witnesses. Karatekin is being charged with ‘damage to property’ (Article 151/1 of the TCK).
“Genocide” trial under 301: Writer Temel Demirer is standing trial for allegedly saying “There was an Armenian Genocide in this country,” in a speech he gave in front of the Human Rights Monument on the Yüksel Avenue on 20 January 2007 to protest the murder of Hrant Dink. The trial was on 26 June. The hearing at the Ankara 2nd Criminal Court of First Instance was postponed to 11 November, since the court did not receive the file.
Demirer is being charged with ‘inciting hatred and enmity’ (Article 216 of the TCK) and ‘publicly denigrating the Republic of Turkey’ (Article 301 of the TCK). The trial began in January 2008 on the criminal complaint by the Ankara Police Security Branch Directorate.
Kurdish songs trial: Zülküf Akelma is standing trial for singing a Kurdish song named ‘Herne peş’ (‘Forward’) during a rally by the Turkish Doctors’ Union (TTB) in 2011. The second hearing was held on 26 June. During the hearing at the Ankara 12th High Criminal Court, additional time was given, so that the expert report stating that the song is also sang by the terrorist organisation can be examined. Akelma faces up to five years in prison for ‘making propaganda on behalf of the terrorist organisation’ (Article 7/2 of the TMK). The hearing was postponed to 25 September.
The trials of Akelma, who is being charged for singing the song ‘Herne peş’ in a rally in 2011, and the trial of Yavuz Kılıç and Özgür Yıldırım, who are being charged for chanting the slogan “No life without the leader,” were split into three with the 7 March decision of the Ankara 12th High Criminal Court. Yavuz Kılıç was acquitted on 19 June. Özgür Yıldırım’s trial was held on 26 June. Yıldırım was sentenced to 10 months in prison for ‘making propaganda on behalf of the terrorist organisation (Article 7/2 of the TMK). The file is with the Supreme Court of Appeals.
Aygül was not released: The first hearing of DİHA reporter Sinan Aygül, who was arrested within the scope of the KCK operations on 19 January 2011 was held on 25 June at the Van 3rd High Criminal Court. There are 30 defendants standing trial, 19 of which have been arrested pending the outcome. During the hearing on 25 June, the court listened to the defense statements and postponed the hearing to 26 July. Aygül is being accused with ‘being a member of a terrorist organisation (through a reference to Article 5 of the TMK in Article 314/2 of the TCK).
Restraint on Kurdish defense: The first hearing of Azadiya Welat newspaper’s Mardin representative Aziz Tekin, who was arrested on 28 January within the scope of the KCK operations, was held on 25 June. During the hearing at the Diyarbakır 4th High Criminal Court, Tekin’s request to give his defense statement in Kurdish was rejected. The hearing was postponed to 9 August. Tekin is being charged with ‘committing an offense on behalf of an organised criminal group without being a member of that group’ (through a reference to Article 314/2 in Article 220/6 of the TCK) and ‘making propaganda on behalf of a terrorist organisation (Article 7/2 of the TMK).
Çiçek and Ulusoy were detained: Atılım newspaper’s executive editor İbrahim Çiçek was detained on 23 June in İstanbul and Marksist Teori (‘Marxist Theory’) magazine’s executive editor Ziya Ulusoy was detained in Samsun. Ulusoy was released following the questioning at the office of the attorney general and Çiçek was released by the court on 25 June.
Arın was detained: Lawyer Canan Arın, who is one of the founders of Mor Çatı (‘Purple Roof’) women’s shelter and KADER (‘Association for the Support and Training of Women Candidates’) was detained on 23 June and then released on the same day. She was detained on grounds of a speech on “Child Brides and the Sexual Abuse of Children” she gave on 4 December 2011 at the training programme organised by the Antalya Bar.
What kind of a propaganda is this?: Hearing impaired and speech handicapped Mehmet Tahir İlhan, who was arrested during the incidents at the solution tent of BDP in Mersin, was sentenced to eight years and four months in prison on 22 June. İlhan was being charged with ‘committing a crime on behalf of the terrorist organisation’ (Article 220/6 of the TCK), ‘making propaganda on behalf of the terrorist organisation’ (Article 7/2 of the TMK) and violating Law No: 2911 on Meetings and Demonstrations by the Adana Specially Authorised 8th High Criminal Court.
Temel is standing trial: Azadiya Welat newspaper’s general manager Tayyip Temel was arrested on 8 October 2011. His hearing was held on 21 June. The anonymous witnesses were heard during the hearing at the Diyarbakır 7th High Criminal Court. The trial was postponed to 6 August. During the hearing on 30 April, the reading of the bill of indictment had begun. Temel is being charged with ‘commanding a terrorist organisation’ (Article 314/1 of the TCK) and ‘making propaganda on behalf of a terrorist organisation (Article 7/2 of the TMK).
Yıldız’s first hearing: The first hearing of DİHA’s Mersin reporter Aydın Yıldız was held on 22 June. He had been arrested on 1 October within the scope of the KCK operations. A total of 93 people are standing trial at the Adana Specially Authorised 7th High Criminal Court. Fifty of the defendants have been arrested pending the outcome of the trial. The defendants asked to be acquitted during the hearing. The panel of judges released eight defendants taking into account the “character and feature of the crime” and postponed the hearing to 13 July. Yıldız is being charged with ‘membership in a terrorist organisation’ (Article 314/2 of the TCK) and ‘making propaganda on behalf of the terrorist organisation’ (Article 7/2 of the TMK).
Adanır faces 45 years in prison: The hearing of Bedri Adanır, the owner of Aram Publishing and the editor-in-chief of Hawar newspaper, was held on 20 June. The trial at the Diyarbakır 6th High Criminal Court will continue on 13 September, upon the request of the lawyers of Adanır to wait for the Third Judicial Reform Package. During the hearing on 26 April, defense statements were made. Adanır is being charged because of news reports and articles published in four issues of the Hawar newspaper. Adanır faces 15 to 45 years in prison for ‘membership in PKK’ (Article 314/2 of the TCK) and ‘making propaganda on behalf of a terrorist organisation’ (Article 7/2 of the TMK). Adanır has remained under arrest since 5 January 2010.
OdaTV trial: The 12th hearing of the OdaTV trial was on 18 June. A total of 13 defendants, including journalists, are standing trial. Six of the defendants have been arrested pending the outcome of the trial. During the hearing at the İstanbul Specially Authorized 16th High Criminal Court, defendant Müyesser Yıldız Uğur, who had been arrested pending the outcome of the trial, was released, citing the classification and the very nature of the imputed offense and the time spend under arrest. The hearing will be held on 14 September. During the previous hearing, a report was requested from TÜBİTAK on the documents, which were found in the defendants’ computers. The defendants claim that the documents were uploaded through a virus. TÜBİTAK’S report had not reached the court on the date of the hearing. The court, citing strong criminal suspicion, decided that Yalçın Küçük, Soner Yalçın, Barış Terkoğlu, Barış Pehlivan and Hanefi Avcı should remain under arrest.
Babaoğlu and Kına case: İHD’s Şanlıurfa Branch Head Cemal Babaoğlu and Director Müslim Kına were arrested on 30 September 2011 and released on 9 January. Their hearing was on 13 June. The file sent to the court expert on 27 April was received at the Diyarbakır 7th High Criminal Court. However, it was decided that the photographs of defendant Mahmut Barlin would be taken and then the file would again be sent to the court expert. Babaoğlu and Kına are standing trial for visiting the democratic solution tent in Urfa on March 2011 and for the speeches made by Babaoğlu. They are being charged with ‘making propaganda on behalf of the terrorist organisation’ (Article 7/2 of the TMK), ‘disqualification from use of certain rights’ (53/1 of the TCK), ‘seizure of property’ (Article 54 of the TCK) and ‘recidivism and offenses of special risk’ (Article 58/9). The next hearing was scheduled for 18 July.
Grup Yorum trials: Grup Yorum member Ayfer Rüzgâr and Taner Şamdereli were detained on 11 June, as they were hanging posters about the group’s Dersim concert. They are accused with ‘resisting a public officer’ (Article 265/1 of the TCK) at the Tunceli Nazımiye Criminal Court of Peace. Rüzgâr has been released while Şamdereli was arrested.
Grup Yorum member Seçkin Aydoğan’s second hearing was on 11 June. During the hearing at the Specially Authorised İstanbul 15th High Criminal Court, it was decided that Aydoğan and the two defendants would remain under arrest. One defendant was released. Two other defendants had previously been released during the hearing on 2 April. The next hearing was scheduled for 8 August. Aydoğan and the other defendants were arrested for participating in a march in Nurtepe on 16 December 2011. They are being charged with ‘membership in a terrorist organisation’ (Article 314/2 of the TCK). Aydoğan is also being charged with violating ‘Law No: 2911 on Meetings and Demonstrations,’ by chanting slogans at the ‘Free the Yürüyüş employees!’ demonstration in Taksim, ‘making propaganda on behalf of the terrorist organisation’ (Article 7/2 of the TMK) and ‘resisting a public official’ (Article 265/1 of the TCK).
Seçkin Aydoğan and his baglama (translator’s note: traditional Turkish instrument) player Onur Kaya testified in front of the Tekirdağ Court House on 14 May for hanging a poster without permission in the ward at the prison.
Investigation against Revolutionary 78’ers: On 14 June, an investigation was launched against the members Samsun Revolutionary 78’ers Association, who organised a commemoration for İbrahim Kaypakkaya on 18 May, for chanting slogans. They are being accused with ‘making propaganda on behalf of TKP/ML (‘Turkish Communist Party/Marxist-Leninist’).’ President Erdem Avcı of the association, the members of the association, and high-school students Salim Küçük, Oğuzhan Keskin and Hasan Can testified. Four members of the association had previously each been sentenced to six months in prison for ‘praising the crime and the criminal,’ (Article 215 of the TCK) by participating in the commemorations for Deniz Gezmiş, Yusuf Aslan and Hüseyin İnan, and Mahir Çayan.
DHKP-C trial against Yürüyüş magazine: The third hearing of eleven people from the Yürüyüş magazine, six of whom are journalists, who were arrested on 24 December 2010, was on 12 June. Their demand to be released was rejected by the Ankara 11th High Criminal Court. The hearing was postponed to 20 July. During the hearing on 10 April, the defense statements were taken. Yürüyüş magazine’s reporters and arrested defendants Cihan Gün, Kaan Ünsal, Naciye Yavuz and Kamu Emekçileri (‘Public Labourers) magazine’s owner Halit Güdenoğlu and editor-in-chief Musa Kurt, are being accused with ‘membership in DHKP-C’ (Article 314/2 of the TCK) and ‘making propaganda on behalf of the terrorist organisation (Article 7/2 of the TMK).
Gündüz was detained: DİHA news agency’s Hakkâri reporter Hamza Gündüz was detained within the scope of the KCK operations in Hakkâri on 11 June. Gündüz was released on 14 June after testifying at the office of the attorney general.
Çağlayan was detained: İHD’s (‘Human Rights Association’) Hakkâri branch’s secretary Sait Çağlayan was detained within the scope of the KCK operations in Hakkâri on 10 June. He was released on 14 June.
Zengin was sentenced to prison: Selim Zengin from Baran magazine was sentenced to 18 months in prison on 8 June, for ‘making propaganda on behalf of a terrorist organisation’ (Article 7/2 of the TMK) in his article titled, “1 February 1991…” The Ministry of Justice gave permission to charge the magazine officials with ‘insulting the state’s armed forces through the media’ (Article 301 of the TCK) because of an interview with Mustafa Hacımustafaoğulları published in the 255th issue of the magazine.
Banner Case: Berna Yılmaz, Ferhat Tüzer and Utku Aykar were sentenced to prison on 7 June for opening a banner that read, “Free education” during a speech by Prime Minister Recep Tayyip Erdoğan. Berna Yılmaz and Ferhat Tüzer had remained under arrest for 19 months pending the outcome of the trial. The İstanbul 10th High Criminal Court sentenced Yılmaz and Tüzer to 8 years, 5 months and 20 years in prison for ‘membership in a terrorist organisation (Article 314/2 of the TCK) and ‘making propaganda on behalf of a terrorist organisation’ (Article 7/2 of the TMK). Utku was sentenced to 2 years, 2 months and 20 days in prison for ‘making propaganda on behalf of a terrorist organisation.’ Yılmaz and Tüzer had been released on 6 October.
Çiftçi’s case: DİHA reporter Hamdiye Çiftçi was arrested within the scope of the KCK operations in Hakkâri. His fifth hearing at the Van 3rd High Criminal Court was on 7 June. The court decided to wait for the statements of the anonymous witnesses. The next hearing was scheduled for 17 July. Çiftçi had been released on the fourth hearing on 10 April. He had been released during the fourth hearing in April. Çiftçi is being charged with ‘membership in a terrorist organisation’ (Article 314/2 of the TCK, Article 5 of the TMK).
İllallah case: The first hearing of the trial against the 2010 Metis diary İllallah, at the İstanbul 2nd Criminal Court of First Instance, was on 5 June. The Court granted time to the lawyers to make a statement as to the written merits and therefore, postponed the hearing to 11 October. The trial was opened on 26 November 2010 at the İstanbul 16th Criminal Court of First Instance on grounds of ‘insulting religious values’ (Article 216/3 of the TCK). During the fourth hearing, the court gave a decision of non-jurisdiction and sent the case to the İstanbul 2nd Criminal Court of First Instance, which is authorised with handling the media lawsuits. Along with Semih Sökmen, the editors of the dairy Müge Sökmen, Özge Çelik, Tuncay Birkan, Özde Duygu Gürkan, Emine Bora and Eylem Can are being charged in the trial.
The Mahsum Korkmaz interview: Batman Postası (‘Batman Post’) newspaper’s owner Mustafa Kemal Çelik, Mahsum Korkmaz’s brother Fehmi Korkmaz and sister Maşallah Dağ are standing trial because of an interview about Mahsum Korkmaz’s life conducted with his family. The trial was held on 1 June. During the hearing at the Batman 2nd Criminal Court of First Instance, the defendants testified. The judge postponed the hearing to 3 October to examine the file. The defendants are being charged with “praising the offense and the offender” through the media (Articles 215/1, 218/1 of the TCK).
Prison sentence because of Diyarbakır Prison No: 5: İrfan Babaoğlu, the writer of “From Auschwitz to Diyarbakır Prison No: 5,” which is about the Diyarbakır No: 5 Prison, was sentenced to a year and three months in prison on 1 June. Aram Publishing House was handed out a monetary fine of 16 thousand Turkish Liras (about 6,800 euros). Babaoğlu was being charged with ‘membership in a terrorist organisation’ (Article 7/2 of the TMK) in the trial, which began on 10 April at the Diyarbakır 4th High Criminal Court.
Case against Say: İstanbul Chief Public Prosecutor’s Office brought a lawsuit against pianist Fazıl Say on 1 June for ‘inciting hatred and enmity’ and ‘insulting religious values’ (Articles 216/1 and 216/3 of the TCK) because of some of his twits. The İstanbul Criminal Court of Peace is demanding a prison sentence of up to 1,5 years for Say. Say had written the following on twitter: “The muezzin recited the azan in 22 seconds man! Prestissimmo con fuco! Why are you in such a hurry? Lover? A Rakı table?” “Is God something you would live for, die for, or something you would become bestial and kill for? Think about this too.”
No releases in the MLKP trial: There were no releases on the 29 May hearing of the MLKP trial, which has been continuing for the last six years. Özgür Radio’s broadcasting coordinator Füsun Erdoğan, Atılım newspaper’s general publications coordinator Sedat Şenoğlu, Atılım newspaper’s writer Bayram Namaz are among the 24 defendants of the MLKP trial. Eleven defendants have been arrested pending the outcome of the trial. During the latest hearing at the İstanbul Beşiktaş 12th High Criminal Court, the defendants’ demands were heard. The hearing was scheduled for 6 September. The defendants were arrested within the scope of the ‘Gaye’ operations carried out in many provinces in September 2006. They are being charged with ‘membership in MLKP.’
Lawsuit against Aydınlar- Sağ: The first hearing of the lawsuit brought against Turkish folk music singer Pınar Aydınlar Sağ and Group Munzur members Özlem Gerçek and Erkan Duman was on 24 May. Sağ made her defense during the hearing at the Malatya 3rd High Criminal Court. The hearing was scheduled for 19 July to hear the testimonies of the members of Munzur. The defendants one to five years in prison for ‘making propaganda on behalf of TKP/ML’ (Article 7/2 of the TMK) because of the speeches they gave and the folk songs they sang at the Munzur Nature and Culture Festival in Tunceli. Aydınlar had previously been sentenced to 10 months in prison for ‘praising a terrorist organisation and its founder’ because of the things she said during a concert and the folk songs she sang. The file is currently with the Supreme Court of Appeals.
Kırmızıgül was sentenced to 11 years and 3 months in prison: Cihan Kırmızıgül has been sentenced to 11 years and 3 months in prison in the trial known as the ‘puşi trial.’ The reasoned decision was prepared on 22 May. In its decision, the Specially Authorised İstanbul 14th High Criminal Court, stated that although Kırmızıgül, in his defense, said that he is not a member of the organisation, it was determined through an inspection of his mobile phone that he had contacted people, who have police records because of membership in a terrorist organisation and making propaganda on behalf of a terrorist organisation, immediately before the date of the incident.
University student Cihan Kırmızıgül has been charged with ‘membership in a terrorist organisation’ (Article 314/2 of the TCK) on grounds of wearing a ‘puşi’ (Translator’s note: a traditional headwear). On 11 May, he was sentenced to 11 years and 3 months in prison. During the ninth hearing at the 14th High Criminal Court, Kırmızıgül was convicted of ‘assisting an organisation although not being a member of that organisation’ (Article 314/2 of the TCK), ‘possession of explosives’ (Article 174 of the TCK) and ‘damage to property’ (Article 151 of the TCK). Kırmızıgül ha been released on 23 March after having remained under arrest for 25 months.
Differing decisions by the Council of State and the Supreme Court of Appeals: On 22 May, the 9th Circuit of the Supreme Court of Appeals overturned the ruling of a lower court which had handed out prison sentences to Hatip Dicle, who had been arrested within the scope of the KCK operations, and Selim Sadak from the BDP for saying ‘Sayın’ (Esteemed) Öcalan and using the term ‘guerrilla’ during the interview they gave to Roj TV. The Council of State, on the other hand, on 26 March had banned the use of the word ‘guerrilla’ to define PKK members on TV. The decision had been taken because of the expressions used in the 5N-1K programme aired on TV channel CNN Türk on 15 May 2009.
Lawsuit against Özdemir: On 22 May, Fevzi Elmas, the head of the 14th Circuit of the Supreme Court of Appeals, brought a lawsuit against Cüneyt Özdemir, who had questioned the ruling of the Supreme Court of Appeals in the N.Ç. case during his television programme. Özdemir faces three months to two years in prison. Özdemir’s first hearing is scheduled for the 16th of October at the Bakırköy 14th Criminal Division.
Penalty for Öcalan books: On 21 May, Kemal Dal, the former İzmir Provincial Accounting Officer of the closed-down BDP and Hıdır Altun, former DTP provincial head, received penalties for ‘making terrorist propaganda’ (Article 7/2 of the TMK) with Abdullah Öcalan’s books. Dal was sentenced to 3 years, 1 month and 15 days in prison. Altun was sentenced to 3 years and 9 months in prison. Dal and Altun had been detained in 2009 in İzmir Bornova for possession of banned publications, as they went to the courier company to collect the packages that had been sent to them. The police had been waiting for them at the entrance of the courier company. They had then been released. The office of the attorney general had seized 2970 books (Uygarlık (‘The Roots of Civilisation’), Maskeli Tanrılar ve Örtük Krallar Çağı (‘Era of Masked Gods and Tacit Kings’), Kapitalist Uygarlık (‘Capitalist Civilisation’), Maskesiz Tanrılar ve Çıplak Krallar çağı ve Özgürlük Sosyolojisi (‘Era of Unmasked Gods and Naked Kings and Sociology of Freedom) in the package at the courier company that were sent to Dal and Altun on grounds that the Siirt Criminal Court of Peace has a confiscation decision about the defense statements sent by Öcalan to the ECHR and which were printed by the Aram Publishing House.
The İzmir office of the attorney general had also prepared a bill of indictment about Dal and Altun regarding the issue.
10 months in prison for 2 songs: On 17 May, the İzmir 10th High Criminal Court sentenced Çetin Güler and Metin Güler to ten months in prison each. Çetin and Metin Güler are members of the Koma Çiyayê Munzur, which gave a concert in Manisa during the 2011 Newroz celebrations. The musicians were convicted for ‘making propaganda on behalf of a terrorist organisation’ (Article 7/2 of the TMK) by singing the songs named Berîtan and Oremar.
Verdict of non-prosecution in Çakır case: On 16 May, a verdict of non-prosecution was given in the investigation against journalist Ruşen Çakır. The investigation had been launched on allegations that Çakır was ‘making terrorist propaganda’ (Article 7/2 of the TMK). The specially authorised office of the attorney general stated that there was no element of crime in Çakır’s speech and added that there was not need to bring a civil lawsuit against him.
“Roj TV” case: DİHA’s Batman representative Erdoğan Altan and Diyarbakır representative Kadri Kaya stood trial at the Diyarbakır 7th High Criminal Court on 14 May. During the latest hearing, the Office of the Attorney General gave its opinion and demanded penalties for the defendants. The hearing was postponed to 11 July. Altan and Kaya are standing trial for the reports they sent to Roj TV and Denge Mezopotamya (‘Balance Mesopotamia’) Radio. They are being charged with ‘membership in a terrorist organisation’ (Article 314/2 of the TCK) and ‘making propaganda on behalf of a terrorist organisation, (Article 7/2 of the TMK) based on the article that those who “knowingly and willingly assisting a group although not being in the hierarchical structure of the group will be punished as a member of a terrorist organisation” (Article 220/ 7 and 314/3 of the TCK). Altan and Kaya had been released on 28 March.
KCK media bill of indictment: On 11 May, the İstanbul 15th High Criminal Court accepted the bill of indictment regarding the Kurdistan Union of Communities (KCK) operation that targeted journalists on 20 December 2011. The first hearing was scheduled for 10 September. In the bill of indictment, it is claimed that 44 journalists and distributors, 36 of whom have been arrested pending the outcome of the trial, are in the media committee of KCK. Nurettin Fırat, Ertuş Bozkurt, Mazlum Özdemir, Turabi Kışın, Ramazan Pekgöz, Şeyhmus Fidan, Hüseyin Deniz, Yüksel Genç, Nevin Erdemir, Semiha Alankuş, Davut Uçar and Kenan Kırkaya, are being charged with ‘commanding an illegal organisation’ (Article 314/1 of the TCK and Article 5 of the TMK); Sibel Güler, Mehmet Emin Yıldırım, Zuhal Tekiner, İrfan Bilgiç, Ömer Çelik, Haydar Tekin, Ömer Çiftçi, Selahattin Aslan, Dilek Demiral, Nahide Ermiş, Çağdaş Kaplan, Nilgün Yıldız, Çiğdem Aslan, Cihan Albay, Sadık Topaloğlu, Ayşe Oyman, İsmail Yıldız, Fatma Koçak, Oktay Candemir, Pervin Yerlikaya Babir, Çağdaş Ulus, Zeynep Kuray, Şerafettin Sürmeli, Eylem Sürmeli, Sultan Güneş Ünsal, Murat Eroğlu, Evrim Kepenek, Hamza Sürmeli and Arzu Demir are being charged with ‘membership in a terrorist organisation’ (Article 314/2 of the TCK and Article 5 of the TMK). Ziya Çiçekçi, Saffet Orman and Enis Yalçın are being charged with ‘membership in a terrorist organisation’ (Article 314/2 of the TCK, Article 5 of the TMK) and on grounds of Article 33/1 of the Law No:2911 on Meetings and Demonstrations.
Köse was sentenced to prison: On 9 May, Islamist writer Yakup Köse was sentenced to a year in prison by the İstanbul Specially Authorised 14th High Criminal Court, for chanting ‘Allahu Ekber’ at the prison in 1999. If the Supreme Court of Appeals upholds the sentence, Köse will be penalised for ‘aiding and abetting a terrorist organisation.’ Köse served 7 years in prison when he was 14 years old on grounds of being a member of the İBDA-C organisation.
Encü case: DİHA reporter Murat Çiftçi is standing trial for writing a news report on Gülistan Encü, the key name in the Urfa KCK file. The trial was on 7 May. During the hearing at the Diyarbakır 7th High Criminal Court, the request to join the case with the trial being held at the Diyarbakır 5th High Criminal Court was rejected and it was decided that the witnesses would be heard. The hearing was postponed to 30 July. Çiftçi is being charged with ‘influencing a fair trial’ (Article 288 of the TCK) and ‘membership in a terrorist organisation’ (Article 314/2 of the TCK).
