FIVE JOURNALISTS TO BE TRIED, NUMBER EXPECTED TO
INCREASE
Current status of the cases (as of 7pm, November 4th,
local time):
1) On November 3rd 2003 a case was brought against
Basaran Duzgun, editor of daily KIBRIS newspaper,
about an article he wrote titled "Whose Guarantor"
(Kimin
Garantoru) published on March 27th, 2003. The case is
based on article 26 of "Military Crimes and Their
Punishment" law (No 2983) for "insulting and
undermining the abstract personality of Security
Forces Commandership". The prosecutor calls for 10
years in jail and Duzgun is to be tried at the
Military Court.
2) On November 3rd 2003, a case was brought against
Hasan Hasturer, daily columnist at KIBRIS newspaper,
about an article he wrote entitled "Democracy with
Police batons at Doganci" (Doganci’da Coplu
Demokrasi) publised on March 26th, 2003. Hasan
Hasturer will be tried for "creating hatred against
the state with destructive intent and undermining the
state as well as undermining , insulting and creating
hatred against officers of Turkey". Hasturer has
three cases and the police is asking for a total of 11
years imprisonment.
3) On November 4th 2003, a case was brought against
Suleyman Erguclu, who is the General Editor of KIBRIS
daily newspaper, for publishing these articles.
4) On November 4th 2003, a case was brought against
Hasan Kahvecioglu, a daily columnist at ORTAM daily
newspaper about an article he had written about the
same protests in March 2003 at Doganci (Elye) . Hasan
Kahvecioglu is being blamed for "insulting the
abstract personality of Security Forces
Commandership". The prosecutor asked for 11 years in
jail again and he will be tried in the military
courts.
5) On November 4th 2003, a case was brought against
Mehmet Davulcu, the General Editor of ORTAM newspaper
for being the person responsible for the newspaper
that published the article .
Furthermore, another criminal case is brought against
him
publishing a reader's letter by Husnu Feridun, 2.5
years ago titled
"Partisan Employment at Lefke European University".
Husnu Feridun had
previously complained that he has not sent such a
letter to the newspaper.
WHAT WAS THE DOGANCI PROTEST
Most of the articles written by journalists who will
stand trial in military courts are about a protest at
Doganci (Elye) that was held on March 25th, 2003.
The opposition parties and organizations tried to hold
a
symbolic referandum supporting the so-called "Annan
plan" to bring a
solution to the Cyprus problem. The police had raided
the protest with
batons along with an army contingent took the ballot
box, and arrested the
union members who had organized the event. Prior to
the event, a large
police contingent had threatened the villagers.
It is expected that more cases will be brought against
opposition writers in
the coming days as part of the regime's campaign
against the strengthening
opposition movement.
(News and photos at:
http://www.yenicag-net.com/haber/dava/)
LAWS CONCERNING THE MEDIA IN THE NORTH
In the northern part of Cyprus, there isn’t a specific
code of law concerning the media. However, journalists
can be arrested, put on trial, and sentenced under
chapter 154 of 7th paragraph of the `Criminal Code`,
concerning the “Unjust actions”, “The courts”, and
“The Military Adjudication” covering 84 items. These
laws are left from the British Colonial period and are
still in use. These laws are based on `possibilities`:
that is: there is no need to have a `complete action`
to be arrested, put on trial, imprisoned or even
defamation...
There is also a law dating from the 1980s, concerning
`Military crimes and punishments` which covers
`crimes` and `punishments` within the military forces
based in the northern part of Cyprus. Even though,
this law concerns the `military`, journalists can also
be put on trial in military courts.
The lawyer of Sener Levent – editor of Afrika
newspaper, Oner Serifoglu, brought a case to the
Constitutional Court concerning the trial of
journalists in military courts. The head of the
military court was not a judge but someone who would
be appointed by the military. The Constitutional Court
found him right. Since then, there has been an
amendment to the law (2002) and now the head of the
military court is a civil judge. Still cases of
journalists allegedly `for insulting the military` or
for causing people to `feel cold towards the military`
continue.
More than 100 complaints were filed by the
Turkish-Cypriot authorities against Afrika and its
journalists for “insulting the Turkish Republic of
Northern Cyprus” or for allegedly `inciting people to
break the law, insulting the army, and trying to
spread hatred towards the army among Turkish
Cypriots`.
CASES AGAINST JOURNALISTS
Charges were laid before the criminal court on 10
January 2002 against Nilgόn Orhon, of the daily
Afrika, and its editor Sener Levent, after an
editorial in the paper on 16 November 2001 criticising
the absence of democracy, freedom and security in the
country. The journalists were accused of incitement to
hatred against “the Turkish republic of Northern
Cyprus” and to law-breaking by citizens.
Charges were filed against Afrika journalist Yalcin
Okut on 15 January in connection with an article he
wrote on 9 April 2001 proclaiming the innocence of a
Greek-Cypriot arrested by Turkish-Cypriot forces in
what he said was a reprisal for the arrest of a
Turkish-Cypriot by Greek-Cypriot officials. The
journalist was accused of undermining the conduct of
a trial and encouraging law-breaking.
Several dozen complaints were filed on 22 April 2002
before a military court against Afrika editor Levent
and four of the paper’s journalists – Ali Osman, Suzan
Karaman, Nilgόn Orhon and Ozker Ozgur – and the paper
itself for “insulting the Northern Cyprus security
forces” in articles in July and August 1999 about the
army’s eviction of a Turkish-Cypriot family from their
home.
Another trial of Afrika journalists Memduh Ener and
Sener Levent began on 20 November for “incitement to
hatred against the army” in an article on 16 October
2001 criticising military interference in civilian
life.
A new case was opened against four journalists and the
trial opened on 21 November 2002 of freelance
opposition journalist Oya Gόrel, Sevgul Uludag of the
daily Yenidόzen, Afrika journalists Kazim Denizci and
Ali Osman for allegedly “trespassing in a public
building.” They had covered a demonstration on 11
December 2001 by members of a teachers’ union at a
secondary school and police had tried to expel the
journalists. The demonstrators were protesting against
the dismissal from her teaching post of Afrika
journalist Nilgόn Orhon because of an article she had
written. The hearing continues and the journalists
face imprisonment.
Tema Irkad, columnist in Yeniduzen was sued and is on
trial for allegedly `inciting hatred against the army
and insulting the army` for an article he wrote in the
newspaper in May 2001. His trial continues.
On 21st of March 2003, editor of Yenicag, Murat
Kanatli was questioned by police and is to be tried
under the law concerning `military crimes and
punishments` for publishing a news item in the weekly
newspaper Yenicag on the 18th of May 2001. He is being
blamed for `insulting the army and inciting hatred
against the army`. The news was criticizing the
policies where Turkish Cypriot students were being
taken from their schools and brought to military camps
to watch military maneuvers done with live ammunition.
BEATEN JOURNALIST TO BE TRIED!
On 17th of October 2003 Murat Kanatli, the editor of
YENICAG newspaper was covering a demonstration by
"Gray Wolves" when he was attacked by a group of 20-30
Gray Wolves who beat him and took his camera. He has
entered yhe
building with other media members to cover a press
conference by the
organization leader and took literature that was
distributed to the
media. Kanatli is a holder of a government issued
press card
The attack against YENICAG newspaper editor Murat
Kanatli by "Gray
Wolves" led to reactions by international
organizations such as
International Press Institute, International
Journalists Federation and
Reporters Without Borders. The OSCE sent a letter to
Turkish
foreign minister Abdullah Gul asking Turkey to find
the culprits.
The police has not taken any steps against the
culprits even though two
weeks has passed since the incident. But now, the
regime overwhelmed by
the international pressure has brought a case against
Kanatli. He is
accused of trespassing and pety theft for entering the
"Gray Wolves"
organization building and taking two magazines worth 5
million TL
($3.5).On 31 October 2003 two cases were brought by
the police against Murat Kanatli.
Now, two weeks after the incident this action of the
regime clearly
shows that the regime is cornered and once again is
taking its revenge
by abusing its judicial and police powers. It is
notable that this has
happened a day after the lettter by OSCE to Turkish
foreign minister Gul
was made public.
PSYCHOLOGICAL TERROR CAMPAIGNS
For the past two years, there has been a psychological
terror campaign, through the media run by advisers and
under-secretaries of Denktash employed in his office,
especially against journalists like Sevgul Uludag of
Yeniduzen, Hasan Kahvecioglu of Ortam, Hasan Hasturer
of KIBRIS, Sener Levent of AFRIKA and against
progressive teachers, trade unionists, politicians and
businessmen. These psychological terror and
professional manipulation campaigns based on
fabricated lies aims to `terrorise` the public, to
silence the community and to prevent them from
expressing their ideas freely. It aims to marginalize
and isolate journalists and fabricate terrible `myths`
around them. The names of the papers and personalities
voicing these threats have changed over time but the
essential themes and the language used has been very
consistent since the 1960s indicating a continuity of
policy and aims. These papers and organizations are
supported and directed by very powerful individuals
and the military. They serve the purpose of
terrorising the general public to not follow
oppositions ideas and opposition politicians. By
threatening the leaders, journalists, activists, trade
unionists and such, these groups are trying to keep
the public from raising their opinion against the
regime unless they are ready to face similar
consequences. Over the years, many prominet
intellectuals, activists and politicans have been
neturalized an/or been forced to leave the island as a
result of such activities.
TURKEY IS RESPONSIBLE FOR THE NORTH
Recently the European Court of Human Rights, had
stressed the dominance of Turkey in northern part of
Cyprus at its decision number 20652/92 in the case
brought to the court by Ahmet Cavit An against Turkey.
The decision was the following:
‘It was not necessary to determine whether Turkey
actually exercised detailed control over the policies
and actions of the ‘TRNC’ authorities. It was obvious
from the large number of troops engaged in active
duties in northern Cyprus that the Turkish army
exercised effective control over that part of the
island. Such control entailed her responsibility for
the policies and actions of the ‘TRNC’’
Therefore Turkey is also responsible for the
conditions where journalists in the north have to
exercise their profession with lack of democracy,
human rights and under constant death threats.
