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Revue de Presse-Press Review-Berhevoka ęape-Rivisła Stampa-Dentro de la Prensa-Basin Ózeti

INTERNATIONAL PEN

Writers in Prison Committee

' Casellst January to June 2004

TURKEY

Main cases

•Hakan ALBAYRAK: Joumalist for Milli Gazete reported have been sentenced on 21 April 2004 to 15 months imprisonment on charges of ‘‘insult to Atatiirk” in an articlc published July 2000 under Article 312 of thc Penal Codę. The article is said to criticised the fact that prayers were given during the funeral of an atheist writer. Mina Urgan, comparing it to the State funeral of Ataturk whcre no prayers were said and about which “neither the State nor society seemed concemed at the time”. Sentence to serve is said to be six months. He is detained in Kalecik Prison, Ankara. Emine SENLIKOGLU (f): writer. Sentence: 20 months in prison. Expires: firee pending appeaJ. Details of trial: Sentenced to 20 months in prison under Article 312 of the Criminal Codę (incitement to enmity) for her book Whose Victim Am I? published in 2000. The book challenges a ban on Muslim women wearing hcadscarves. She and her husband, Recep Ozkan, publisher of the book, madę their first appearance before the court in December 2000. After a serics of hearings and postpone-

ments, Senlikoglu was sentenced to 20 months in prison b> ilie lzmir State Security Court on 14 May 2003. An appeal is being considercd. Background: Ms Senlikoglu is well known for her outspokcn objections to strict laws passed in 1997 forbidding women to wear headscarves in public places, part of an ‘‘anti-Islamisation*’ campaign. She is the author of over 40 books. many on Islamie issues, some challenging Western feminist’s interpretation of Islam. She was also among the authors on trial in the FoX for Ali campaign - see Sanar Yurdatapan et al above.

Main case - free on bail Leyla Zana (f):

Profession: politician, Kurdish rights activist and former joumalist. DoB: 1961 Imprisoned: 8 December 1994 Sentence: 15-years for pro-Kurdish rights activism. Additional two years for an article written in prison. Free pending re-trial. TYial Details: 1) At her inauguration as an MP in 1991, Zana reportedly identified herself as a Kurd. She is also reported to have wom a headband with thc traditional Kurdish colours of yellow, green and red. These actions, and many of her public statements and actions of solidarity with thc Kurds might well have led to charges being pressed against her. but she was for a time protected by her parlia-mentary immunity. However, in 1994, after she and three other Kurdish MPS joined the newly formed Democracy Party, which was quickly banned by the authorities, her immunity was lifted. and she and the other three were arrested. They were accused of treason and promptly jailed. Originally charged with treason. the charge was soon dropped. but she was instead charged with membership of the illegal armed Kurdistan Workers* Party (PKK). Prosecutors at her trial relied on statements by witnesses who were themselves facing prosecution, and who later retracted their statements. claiming that they had been extracted under torturę. Zana was found guilty and sentenced to a 15-year term. 2) Sentenced in 1998 to an additional 2 years for an article published in prison. The article, which does not advocate violence or racial hatred, was about Nevruz, a Kurdish holiday. Appeal Process: Appeal process opened in late 2003 and severa! hearings held until 21 April 2004 when thc sentences were confirmed. However. on 9 June 2004, all four defen-dants were freed on bail following a decision that as there have been changes to the penal system sińce the sentence was upheld in April. Next hearing set for 8 July. Journalism and writing: worked in thc 1990s for the now defuncl Yeni Olkę (New Country) at its Diyarbakir office, and specialising in feminism. democracy and Kurdish issues. During her time in prison, her writings have been collected and published in English by Blue Cranc Books. Massachusetts, USA. under the title Writings from Prison. Olher details: first Kurdish woman elected to the Turkish parlia-ment. In 1995. Zana won the Sakharov Prize for Freedom of Thought. In July 2001 the European Court of Humań Rights ruled that her trial had been unfair. Turkey has recently adopted a law which States that any trial found unfair by the European Court should be subject to judicial review; however. Zana's trial is not eligible as the law is not retroactive. Amnesty International Prisoner of Conscience. • Honorary Member: PEN USA West, San Miguel De Allende, Belgian Flemish. Scottish, Writers in Exile and English PEN Centres

lnvestigation cases

Selahattin AYDAR: joumalist for Milli Gazete. PEN leamed in late

2003    that Aydar was sentenced on appeal to a term of imprisonment (not specified) for an article published 11 September 2001 entitled "Let’s Claim Our Children”. Charged under Article 312 of the TPC. PEN seeking details.

Hasan ęAKKALKURT, Eren G<)VENER, Sinan KARA, Necdet TATLICAN: editor-in-chief of Posta, editor-in-chief of Milliyet, owner of Datęa Haber and editor-in-chief of Huniyet. On trial in January 2003 at the Datęa Penal Court on charges of insult to the Datęa Govemor in an article on his ban on dogs entering the sea. (For other reference to Guvener and ęakkalkurt, see elsewhere) Kara has charges against him totalling 8 years and nine months. On 27 Octobcr 2003, Kara was sentenced to one year in prison for allegedly threatening the son of the former Prime Minister, Tansu Ciller. The incidcnt occurred in June 2000 when Kara attempted to take photos of Mert Ciller on holiday at a seaside resort. He was apparently attacked by Ciller’s bodyguards, causing him injury and damage to his camera. Bodyguards maintain that Kara was the aggressor. PEN considers this charge to be outside of its remit. However it concurs with RSF that the sentence is overly harsh for the offence. Kara was currcntly serving a 144 day prison term and was cxpected to be released in mid-March 2004.

Ali Ekber COSKUN: editor-in-chief Dersim. Trial under way for arti-cles published April 2003 deemed to be “incitement to hatred and enmity"- article 312 of the Penal Codę. The articles are entitled: "Dersim'de Milat" (Tuming Point in Dersim), "Ózgurliigune Diiskun Bir Diyar: Dersim" (Dersim: A Land Devoted to Its Freedom), “Osmanli‘dan Sonra Cumhuriyetle Siiren Alevi Ihlalleri" (Violation Against Alevites resumed by the Republic after the Ottomans). "Festivalin Onur Ódiilu” (Festival Honour Reward) and "Kurumlarimiza ve Aydinlanmtza ęagn " (A Cali to Our Lnstitutions and Intelligensia). A fourth hearing was scheduied for 11 November 2003. Also on trial was Kemal Mutlu, Chairman of the Tunceli Culture and Solidarity Association. PEN seeking update.

*Abdurrahman DILIPAK: editor-in-chief of Tiirkiye‘de Cuma (Friday in Turkey) (now closed). On 15 June 2004, the trial against him continucd at the Military Court in Istanbul. Charges had been instigated by three retired military officers for an article entitled “If the Generals do not Listen to advice" published on 29 August 2003, under Article 95/4 of the Military Penal Codę. Dilipak did not attend the hearing, stating that the trial was in contravention of the European Convention on Humań Rights.

*Sevda ERGIN: joumalist and editor in chief of Demokrasi ve Sosyalizm Yolunda Fabrika (Factory on the Way to Democracy and Socialism). Trial opened at the Istanbul State Security Court on 6 June. Charged with “propaganda for an illegal organisation" under article 7/2 of the Anti-Terror Law. Accused of issuing propaganda for Kongra-Gel (Kurdish People’s Congress - the successor to the PKK) in an article entitled ‘The Recent Situation on the Kurdish Question” published in April 2004. Ómer FARUK, Funda Uncu IRKLI (F): owner of the Ayrinti publishing house and translator respectively. Trial to commence in Apnl

2004    against Ómer Faruk and Funda Uncu Irkli (f)» translator of Chuck Palahniuk’s book "Tikanma" (Choke). Both will be charged under Article 426 of the Penal Codę (insult to the morals of the people) and the book is already confiscated.

•Ubdeydullah HAKAN: joumalist for the Dicle News Agency. Heanng held on 21 January 2004 at the Van Penal Court of First Instance on charges of “resisting security forces and damaging public property”. Related to a 26 April 2003 incident. Hakan claims that police assaulted him and seized his camera. Several hearings held in early 2004. Latest adjoumed to 28 April.

•Sabri KALię, Kivanę GUNEY, Fual SESEN and Levent ERSEVER: three translators and Stiidyo Imge Publishing House publisher respectively. On trial on 24 March 2004 before the Beyoglu

Court of First Instance. Charged under Article 426 of the Penal Codę that penalises works deemed to be “offensive”. The trial is for the translation into Turkish of the books Show (a collection of writings by Turkish authors on the US rap artist, Eminem. Angry Blond, Eminem’s autobiog-raphy, and Irvine Welsh’s Ecstasy: Three Chemical Romances. Next hearing due in June 2004. The same books are subject to a second trial on similar charges. due to open 5 May 2004.

Ersen KORKMAZ: editor-in-chief of Demokrat Iskenderun) Case launched (TKP) against him and Necmettin Salaz, Executive Member of the Turkish Communist Party following a TKP panel discussion during which Salaz is said to have insulted the security forces. Korkmaz is being tried in connection with his reporting on the discussion. Both are charged under Article. 159 of the Penal Codę. First hearing held 11 March 2004, with the next scheduied for 3 June. Previoulsy on trial in late 2002 for reports of alleged rape in detenlion of two women.

*Ruhat MENGI: joumalist reported by BIA Net to be on trial in early

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