Think, think... Freedom of Expression Weekly Bulletin (Issue 21/13, 24 May 2013)

The case of closing down Van Women’s Association has been rejected The case of dissolving 10 associations including Van Women’s Association on the grounds that they are related to PKK/KCK has been rejected by the judge. In the indictment filed by the Prosecutor of Van Canip Cihangir based on the hearings of anonymous witnesses and investigations carried, 10 associations considered to be linked to PKK and had been asked to be dissolved. The associations that won’t be dissolved are: Mesopotamian Association for Aid and Solidarity with families with missing relatives (MEYA-DER), Association for Democratic Jurisprudence and Solidarity for Detainees and Condemned prisoners’ relatives (TUYAD-DER), Van Scientific Research of Migration Issues and Cultural Association (Van GÖÇ-DER), University of 100th year Student Association (YÖDER), Van Women’s Association (VAKAD), Van Hacıbekir District Free Citizen Association, Seyit Fehim Arnasi District Free Society Association, Yeni Mahalle Free Society Association, Kurdish Language Research and Development Association (KURDİ-DER) Van Department and Akköprü District Democratic Free Society Association.

Reform of x, q, w by The Ombudsman’s Office By using Kurdish language in an announcement on their website The Ombudsman’s Office has become the first constitutional body to use the forbidden letters “w, x, q”. The following announcement “The government trusts itself and opens itself to its people’s audit” was made public on their website in Kurdish as well as Turkish, Arabic and English. This development has been consıdered as a practical step to overcome the ban of using Kurdish names for parks and streets of municipalities held by BDP (Peace and Democracy Party)

A Criminal Complaint for the lawyer calling Ağar “murderer” 23rd Istanbul High Criminal Court decided to file a criminal complaint against the lawyer who used the expression “murderer” for Mehmet Ağar during a case. Sultan Işıklı’s trial started in Istanbul 23th High Criminal Court. She has been detained for 10 months in Bakırköy prison for

women charged with being member of an illegal organization. One of the lawyers of Işıklı, Evrim Deniz Karatana, after demanding her client to be released said: “Police violence in our country is evident, to oppose against the violence is legal. In this country, the murderer called Mehmet Ağar is out, freely. He had murdered hundreds of people and was released after one year. My client deserves too to be released”. The judge ordered to continue to detain Işıklı and filed a criminal complaint against Karatana for her public insult on Ağar as “murderer”.

Ministry: Demonstrators cannot demand compensation The family of the retired teacher Metin Lokumcu who passed away during an incident of the prime minister Recep Tayyip Erdoğan’s visit of Hopa on the 2nd June 2011 has sued the Ministry of Internal Affairs for compensation. During the hearing held at the 4th Ankara Administrative Court, a proxy petition signed by 341 lawyers submitted on the behalf of the Lokumcu family. The lawyer of the Lokumcu family Oya Meriç Eyüboğlu told that teargas bombs used in the incident were mortal and had similar characteristics to those of chemical weapons. Eyüboğlu, presented the report of the Turkish Medical Association which concluded that “there is a link between the death and the chemical gas” as evidence told that “Lokumcu lost his life because of the heavy and excessive use of the gas under the autorization of the government”. The lawyers said that there was gross negligence on the part of Ministry of Internal Affairs in the death of Lokumcu. However, the lawyers representing the Ministry put forward the report of The Council of Forensic Medicine of Istanbul which reported the cause of death as related to heart-vein disease. They claimed on their petitions that “nobody can obtain a right based on his/her own illegal act or his/her own negligence and neither can his/her relatives”. The ministry also claimed that it’s totally legal to use teargas bombs.

Facebook is going to the court to make its “like” button a tool of freedom of expression Facebook “like” button has been considered as an element of crime in the USA. It started after an employee in the USA shared a photo of the opponent of his boss on his Facebook page and liked the photo. Following the dismissal of the employee by his boss Facebook has faced an interesting lawsuit over the like button. The case closed with the decision that the act of liking over Facebook cannot be considered as an act of freedom of expression while the company thinks differently. The Company will countersue following the court decision in 1994 which accepted signs displayed in gardens as a tool of freedom of expression to support its case.

Reporters Without Borders’ Recommendations to protect news’ sources Reporters Without Borders made five sets of recommendations for legal arrangement to protect journalist’ sources after the US Department of Justice’s seizures of Associated Press phone records. “There is no freedom of information worth of its name without protection of journalists’ sources,” Reporters Without Borders secretary-general Christophe Deloire said. “Spying on journalists’ investigative reporting violates democratic principles.” Reporters Without Borders requested the articles below to be followed: • The future shield law must reaffirm the principle of the protection of the sources as a pillar

of freedom of information, guaranteed by the First Amendment. • The bond of trust between journalists and their informants depends on the former being able

to protect the latter’s anonymity, especially if the information is sensitive in nature. The lack

of such a guarantee makes it much harder for journalists and news media to fulfill their duty to provide information.

• The possibility of violating the confidentiality of journalists’ sources should exist only in exceptional cases specified by the future law

• Any departure from the rule of source confidentiality must be the subject of a specific, detailed and notified request. There must be a possibility of appeal, and there should be no implementation without prior judicial control.

• An exception to the confidentiality of sources can be envisaged if: The Identification of the source is essential in order to prevent an attack on the physical integrity or life of one or more persons. And the Identification of the source is essential in order to prevent an imminent attack on the nation’s territory or vital interests.

Release of Akman, A Criminal Complaint for Mumcu 15th İstanbul High Criminal Court, which released the university student Emine Akman after 21 months of detention, decided to file a criminal complaint to Istanbul Chief Public Prosecutor for Radikal journalist Özgür Mumcu. According to the court Mumcu has committed a crimes by “affecting the fair trial and showing the judge and the prosecutors as target” in his article titled as “There is no peace for Emine Akman”.

13,5 Months of Prison for Nişanyan Sevan Nişanyan is convicted to 13.5 months of prison for “openly insulting religious values of a certain faction of the society” in his article titled, as “we should fight against hate crimes”. “Joking with an Arab leader who claimed to have contacted God hundreds of years ago and gained political, financial and sexual gain from it is not a hate crime. This is kindergarten level example of what is called freedom of expression” Nişanyan wrote on 29 September 2012 in his article and told that insulting the minority’s values in the majority is a hate crime. Nişanyan’s sentence cannot be commuted to a monetary fine due to a previous judgment; but he can appeal the verdict.

Mahmut Macit: Atheists should be destroyed The member of Justice and Development Party (AKP)’s Ankara Administration Committee and deputy chief Promotion and Media Department Mahmut Macit sent a message on his twitter account claiming that « atheists should be destroyed ». « People with personality disorder in my country who are atheists and insulting my religion are pissing me off. This people should be destroyed » he said. Macit sent another message on twitter on 21st May claiming that « Racism, fascism and atheism are mental disorders ».

IFEX collecting 315 signatures for Ayse Berktay IFEX (The International Freedom of Expression Exchange) with the initiative of PEN American Center launched an online petition for writer and translator Ayse Berktay. Berktay is in jail linked to the case of Kurdish Communities Union (KCK). IFEX collected 315 signatures of member organizations out of 51 countries until now. IFEX already sent the signatures to the Minister of Justice and is waiting for its response. http://www.ifex.org/turkey/2013/05/06/free_ayse_petition/

Baskın Oran denies claim “ he called Atatürk half fascist” small Provincial Assemblies of Turkey launched a gathering in Bodrum, Muğla to discuss the resolution process. It was claimed in the press that while he was speaking in the meeting titled as

“Where are we in the process of peace?”. Baskın Oran called Atatürk fascist and had negative reaction of the audience. Just after the claims, Baskın Oran denied what was written by the press. “What is written is a big lie. It’s a game of mean people. I never said a sentence like that” he said. His lawyer Oya Aydın wrote a text of refutation on behalf of Baskın Oran stating that he never said a sentence as mentioned in the press and he did not leave the meeting as written in the press.

A congress dedicated for the people who are in jail arbitrarly Bringing together 156 organizations from more than 120 countries, 38th International Federation for Human Rights (FIDH) Congress started on May 23rd 2013 in Istanbul. Deputy Prime Minister Beşir Atalay and FIDH President Souhayr Belhassen’s speeches opened the congress. “Human rights constitute the spirit of democratic culture,” Atalay said, “Respect to human rights is the guarantee of peace, security and stability. Despite this, human rights abuses continue to happen worldwide. The most tragic example is Syria.” FIDH President Souhayr Belhassen, on the other hand, said human rights should be defended even though it would sometimes require taking risks. He added “Several fellow human rights advocates have been released in Turkey lately. However, our friend Muharrem Erbey is still in jail arbitrarily.” “Dear Deputy Prime Minister, you know this case very well. Muharrem Erbey must be released immediately. We are pleading your government to take this appeal into consideration and we are dedicating our congress to those who are jailed for arbitrary reasons. Our friends were heinously murdered in Cambodia, in Honduras. Maybe they can’t hear us, but our friends in jail can do so. We are standing by your side today, and you will do so tomorrow.”