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The cases of journalists charged with "propaganda" and prosecuted at
Criminal Courts of First Instance for interviews conducted with armed
organization leaders are being transferred to Specialized High Criminal
Courts under recent amendments made to Turkey's Anti-Terror Law.
Initially subject to the transfers are a group of 4 Turkish journalists
whose cases have been continuing at lower level courts.
Mass circulation daily Hurriyet reporter Sebati Karakurt's case where he is
charged for an interview conducted with outlawed Kurdish Peoples' Congress
(Kongra-Gel) was initially opened at a High Criminal Court but then
transferred to a Criminal Court of First Instance. With a new decision taken
under the Anti-Terror Law, his case, where editors Necdet Tatlican and Hasan
Kilic are co-defendants, is to go back to a High Criminal Court.
Similarly, daily Milliyet newspaper reporter Namik Durukan who interviewed
outlawed Kurdistan Workers Party (PKK) leader Abdullah Ocalan's brother
Osman Ocalan will also be tried at a High Criminal Court if his appeal
against this decision is rejected.
The fact that the courts these newsmen will appear at are "Specialized High
Criminal Courts" is seen as a resurrection of the controversial post-coup
State Security Courts (DGM) which were abolished in 2004 under the European
Union reforms.
Lack of Jurisdiction in 2 Cases
Decisions to send the four newsmen to be tried at Specialized High Criminal
Courts were taken on Friday, September 21, by an Istanbul Court of First
Instance.
In two separate cases heard at the Bagcilar 2nd Criminal Court of First
Instance, the bench decided on lack of jurisdiction under the amendments
made in the Anti Terror Law as published in the Official Gazette on July 18.
The amended article 9 of the law states that cases regarding offences
described in the law will be heard at High Criminal Courts and that children
over the age of 15 who commit such offences will also be prosecuted at such
courts.
The first case was that involving Durukan for his April 29, 2005 interview
published in the Milliyet newspaper. Interviewed by Durukan after the birth
of his son, Osman Ocalan who led a splinter group out of the ranks of the
PKK, told the journalists of the many changes that affected his life and
openly criticized the PKK.
"Osman is rocking the cradle " and "PKK should withdraw" were the headlines
of Durukan's interview in published format and in Friday's hearing where he
rejected charges against him, the newsman maintained that the interview was
not a propaganda of the organization but in fact a criticism of its conduct.
Facing up to five years imprisonment if found guilty, Durukan told the court
on Friday "I do not accept the allegations. There was no propaganda of the
organization, it was criticized. In the news report Osman Ocalan's leaving
the organization and his criticism directed at the organization were
covered. The changes that affected Osman Ocalan after the birth of his child
while being referred to as leader of a 'child killing' organization were
explained".
Despite Durukan's defense and his being an accredited journalist operating
in the Southeast region for many years, Judge Muhterem Bulut chose to act in
accord with the opinion of Prosecutor Mehmet Sahin and under the amendment
mad to the Anti-Terror Law decided on a lack of jurisdiction and for the
case file to be sent to the Istanbul Justice Hall for a trial to be held at
a High Criminal Court.
Kandil interview back to High Court
An October 10, 2004 article in the Sunday edition of Hurriyet newspaper
titled "Women Awareness Exceeds Kurdish Identity in Kandil" was based on an
interview conducted by reporter Sebati Karakurt on Kandil mountain, the
rural headquarters of the Kongra-Gel which is a continuation of the PKK.
Karakurt was promptly charged for "publishing the statements of a terror
organization" and prosecuted for this and conducting propaganda of the
terror organization. The newspaper's editors Necdet Tatlican and Hasan Kilic
were prosecuted for propaganda too.
In addition to his interview with Kongra-Gel leader Murat Karayilan,
Karakurt had written a news report reflecting the changes in the lives of
militants living on Kandil mountain for so many years, inclusive of
awareness of women rights and a rising consciousness of their own identity
of female militants.
Karakurt's house was raided after the news went into print, leading to
reaction among journalist groups but his case launched initially at a High
Criminal Court was transferred to a Court of First Instance.
Last week, like in Durukan's case, the Bagcilar 2nd Criminal Court of First
Instance rejected to continue to hear this case which has now also been sent
to the High Criminal Court.