Bulletin de liaison et d'information - Institut kurde de Paris

Revue de Presse-Press Review-Berhevoka Çapê-Rivista Stampa-Dentro de la Prensa-Basm Özeti
TURKEY
Main cases
Flkret BASKAYA
Profession: writer. DoB: 1940. Sentence: 1 year and four months.
Sentence expires: 28 October 2002 .
Trial details: Sentenced on 13 June 2000 by the Istanbul State Security
court under Article 8 of the Anti-Terror Law for his article published in
Özgür Bakis in 1999 entitled A Question of History? Accused of
"disseminating separatist propaganda through the press". Sentence
upheld on 21 January 2001 although he was granted a stay of sentence
until29 June 2001. Professional details: Studied Economics in Ankara
University and holds a professorship at Gazi University. Has written
several books on development economics. Founder member of the
Turkey and Middle East Forum Foundation. Other charges pending: On
24 July 2001, the Adana State Security Court opened proceedings against
Baskaya and two others (see Mehmet Boncuk and Halil Sahin below) for
an interview entitled "New Means for Apolitizing: Civil "
Society". Previous political harassment: Imprisoned between March
1994 to July 1995 under Article 8 of the Anti-Terror Law for his book
The Bankruptcy of Paradigm. Current place of detention: Kalecik
Kepali, Ankara. Honorary Member: English and Canadian PEN
Zeynel Abldin KIZILYAPRAK
Profession: journalist. Sentence: 1 year and four months. Sentence
expires: c. February 2003
Trial details: Originally sentenced on 25 December 2000, and upheld on
14 May 2001 on charges under Article 8 of the Anti-terror Law for an
article .published in the now defunct Özgür Bakis entitled "1900'den
2000'e Kronolojk Abum Kunler (Chronological Album of Kurds form
1900 to 2000) Published February 2000. Sentence delayed for four
months. Expected to enter prison in October 2001. Professional details:
former editor of Özgür Bakis. Reportedly the owner of a publishing
house which was forced to close as a result of heavy fines. Previous
Political harassment: Given a six-month suspended sentence in 1993
for his writings. Briefly detained in 1997.
The Freedom of Expression (FoX) Case
Since 1998, a campaign challenging the numerous laws that penalise
free expression has been running in Turkey, headed by the musician and
composer; Sanar Yurdatapan. The campaign centres around the publication
of a series of booklets, entitled "Freedom of Expression" containing
anicles written by intellectuals, human rights and labour activists,
lawyers, writers, artists, etc, to which sometimes over 1,000 other
activists sign their names a joint publishers. Turkish legislation demands
that such acts be brought to the couns. The complex Turkish legal system .
means that each booklet - several are published each year - entails
lengthy trial processes. In most cases individual FoX activists brought to
the courts are served with short prison terms, fines or acquittal.
Occasionally some have entered prison, most notably the FoX leader,
Sanar Yurdatapan. The following is a summary of the present status of
the campaign, naming some of those involved, and restricted to those
who fall within PEN's mandate of writers and journalists. For further
information, contact the WiPC office.
FoX 2000: pamphlet containing 60 artIcles in breach of Articles 7 and 8
of the Anti-Terror Law and article 312 of the Penal Code. These are
being heard by the State Security Courts. Others are in breach of article
159 of the Penal Code and are being handled -by .the Heavy Criminal
Court. Still others relate to Article 155 only dealt with by the Military
Court, and finally others relating to "insulting Ataturk or religions" must
be dealt with by the Asliye Ceza criminal courts dealing lesser offences
than those handled by the Heavy Criminal Courts. (1) State Security
Court hearings under Article 162 of the Turkish Penal Code were held in
February, and resulted in acquittals. However, on 18 June 2001, the
acquittals of all but one of the 16 accused were reversed. Trial restarted
on 19 October 2001 and next hearing due 26 March 2002. (2) Uskudar
Asliye Ceza court hearings started in February 2001 to hear charges
under Article 159 of "insulting the quality of being a Turk, the Republic,
Parliament, Government, Ministries, Jurisdiction or the forces of he
government related to the military" opened in May and was adjourned to
19 September 2001. Trial ongoing. (3) Penal Court hearings opened in
February to hear charges of insult to religions which carry up to 6 years
in prison. A 9 May hearing adjourned proceedings until 14 September
2001. Trial ongoing. (4) On 23 May 2001, the Military Court of the Chief
Office of the General Staff No 3 opened hearings of charges against the
pamphlet under Article 155 of the Turkish Penal Code. The 16 writers,
intellectuals, human rights. and labour activists were accused of
publishing statements deemed to discourage people from carrying out
military service. The trial was held it:tcamera with access only to relatives.
A second hearing was held on 29 June 2001. At this hearing,
several international.observers, including PEN, requested that they be
allowed to observe the trial, but were refused and turned away despite the
lawyer's argument that this was in denial of Turkish law. On 7 September
2001, all the defendants were acquitted. An appeal against the acquittal
was heard 27 September 2001, and adjournedto another date.
Key figtlres in the Fox 2000 case:
Yavuz ÖNEN: President of the Human Rights Foundation of Turkey
Cengiz BEKTAS: writer, and chair of the Turkish Writers' Union
Mehment AtilIa MARAS: writer, chair of the Turkish Writers'
Association
Erdal ÖZ: writer
Et yan MAHÇUPYAN: writer
Sanar YURDATAPAN: composer, leader of FoX
FoX: For All: Booklet published in' October 2000, of which 550 copies
were presented to members of parliament. Contains statements by dissidents,
political activists, human rights activists. Includes one by writer
Esber Yagmurdereli. 77,663 people allegedly signed onto the pamphlet
as co-publisher. A number of MPs, activists, writers, artists, etc presented
themselves for prosecution as publishers of the book on 16 and 22
January 200 I. Those relevant to PEN are:
Abdurrahman DILIPAK: journalist and writer
Aype ÖNAL: journalist
Emine SENLIKOGLU: writt';rand journalist
Meryem CANAN CEYLAN: writer and journalist
Mustafa ISLAMOGLU: writer and journalist
Sabiha ÜNLÜ: writer and journalist
Turgut BALABAN: journalist and cartoonist
Sanar YURDATAPAN: composer, leader of FoX
Centres with special interest in FoX campaign: San Miguel, English
and Perth PEN.
Investigation cases
*Nevin BERKTAS (I), Elif CAMYHAR (I): political prisoner detained
since 1994 on charges of membership of a terrorist organisation and
publisher respectively. Berktas wrote a book on her prison experiences
called The Cells which was prosecuted under Article 169 of the Penal
Code for "supporting terrorists". Thought to be for comments in the book
supporting prison protests denouncing the F-Type Prisons. Berktas and
Camyar, publisher of the book, appeared at the State Security Court
Istanbul on 7 November 2001. Berktas was subsequently given an additional
45 months in prison. Camyhar received a fine. Background of
Berktas: Berktas was first arrested in 1978, and was imprisoned on a
number of other occasions for her radical political activities from then
until she was amnestied in 1991. However she was re-arrested on 16
December 1994 and convicted for membership of an illegalorganisation
accused of extremist activities. Prior to the trial for her book, she was
serving a twelve and a half year sentence, to which the 45 month
sentence for the book was added. She is not due to be freed until is held
in Istanbul-Gebze Prison. Adding on the new sentence, Berktas is not due
to be freed until early 2011.
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