Insulting Turkishness

Nagehan Alci is a young Turkish journalist who writes a column for the mainstream daily Aksam and appears regularly prominent on news channels, including CNN Turk. She is, by all definitions, a secular liberal. Yet Mrs. Alci said something on TV last week that enraged millions of secular Turks. During a discussion on Turkish political history, she referred to Ataturk, Turkey's founder  father, as a ' dictator'.

Then it took less than a day for a campaign to culminate against her in the media. The National Party, a die-hard defender of the Ataturk cult, called on the whole Turkish nation to protest this insult. Kemalist columnists in various papers wrote angry pieces that bashed Alci and passionately argued why Ataturk, the Supreme Leader, was never a dictator.

Moreover, a Turkish prosecutor initiated an investigation into Alci's comment for possible violation of the Law to Protect Ataturk. It is very probable, in other words, that Alci might be tried for insulting Ataturk, which is a serious crime in Turkey that can put you in jail for six years.

The funny thing, of course, is that the term dictator is not an insult but a political definition, and Ataturk really fits into that quite nicely. From 1925, when he initiated the single party regime, to his death in 1938, he ruled Turkey with the perfect dictatorial style: he banned all opposition parties, closed down even civil society organizations (from Sufi orders to freemasons), and did not allow a single critical voice in the media. You just need Politics 101 to call this regime a dictatorship.

Of course, Ataturk cannot be considered in the same camp with the more notorious dictators of his age, such as Hitler or Stalin, who were ruthless mass-murderers. When compared to such figures, Ataturk was a very mild autocrat. Hence historian Ahmet Kuyas,, who has genuine sympathy for Ataturk and his heritage, argues that he must be called a good dictator. Yet a dictator, nonetheless.

A Turkish court has sentenced the trigger-man in the 2007 murder of International Press Institute (IPI) World Press Freedom Hero Hrant Dink to almost 23 years in prison.

A juvenile court in Istanbul imposed nearly the maximum sentence on ultranationalist Ogun Samast, who was 17 at the time of Dink's killing, after convicting him of premeditated murder and carrying an unlicensed gun Samast gunned down Dink, the editor-in-chief of Armenian-Turkish newspaper Agos, in broad daylight outside of Dink's office in Istanbul.

Dink had received numerous death threats from Turkish nationalists who viewed his journalism as treacherous. He had also faced legal problems for denigrating Turkishness under Article 301 of the Turkish Penal Code in his articles about the massacre of Armenians during the First World War.

IPI Director Alison Bethel McKenzie said: We welcome the conviction and sentence of Mr. Dink's murderer, and we hope it brings a measure of closure to his family. Nevertheless, we call on Turkish authorities to hold all those involved in this heinous crime accountable, from those who facilitated it to the masterminds who ordered it.

A hearing is currently scheduled this Friday in the trial of 18 other defendants charged with involvement in the murder. Their cases were separated from the case against Samast due to his age at the time of the slaying.

Update: Instigator jailed

21st January 2012. See  article from  bbc.co.uk

A court in Turkey has sentenced a man to life in prison for instigating the 2007 killing of prominent Turkish-Armenian journalist Hrant Dink.

The judge sentenced Yasin Hayal to life but acquitted 19 others of a charge of being part of a terrorist group. His teenage killer, Ogun Samast, was jailed for 22 years last year.

After the verdict, a crowd of about 500 people including members of Dink's family marched to the spot where he was shot dead to protest at what they said was state collusion.

Dink's supporters say they have uncovered evidence that suggests involvement by state officials and police in his murder. But, they say, repeated requests to have those officials investigated have been ignored, and in some cases important evidence has been destroyed.

The European Union on Tuesday will criticize Turkey sharply over the rising number of prosecutions against journalists in an annual progress report on the country's bid to join the bloc, said a person familiar with the draft.

The attack on Turkey's press-freedom record is likely to further embarrass the country's Islamic-leaning government, which this week takes over the six-month rotating chair of the Council of Europe, the Continent's top human-rights body. Foreign Minister Ahmet Davutoglu has hailed that development as testament to the level of democracy in Turkey.

But according to Turkish and international press watchdogs, media freedoms—a key right underpinning democratic systems—are getting significantly worse in Turkey. Reporters without Borders this year ranked Turkey 138th in terms of media freedom, out of 178 countries—down from 98th out of 167 in 2005.

The Justice Ministry, in written answers to questions, said, Turkey is a democratic state, governed by the rule of law, in which press freedoms are guaranteed by the constitution. But the ministry acknowledged that the rise in cases was a problem. At this moment, our ministry is preparing a draft that foresees the amending of some articles concerning the press in the Turkish Penal Code, the Justice Ministry wrote, singling out the articles on secrecy of investigations, personal privacy and the attempt to affect a fair trial.

The ministry also noted that in 2008 it amended the penal code's Article 301, which penalized anyone who publicly denigrated Turkishness, the military, courts or government. Ethnic Armenian journalist Hrant Dink was prosecuted under Article 301 in 2006, and was assassinated soon afterward. Since 2008, prosecutors need permission from the Justice Ministry to open a case under Article 301, and new prosecutions have come to a near halt as a result.

A British artist has accused Turkey of censorship after an Istanbul court fined him almost $4,500  for caricaturing the country's prime minister.

Artist Michael Dickinson displayed in 2006 an illustration that superimposed the head of Turkish Prime Minister Recep Tayyip Erdogan onto the body of a dog.

The court suspended the fine, on the condition that Dickinson does not produce similar art for the next five years.

It's censorship. It's a threat. It's punishing people who are expressing their opinion, Dickinson told dpa, the day after the verdict was handed down. There is a lack of freedom in a country where journalists can be arrested or cartoonists fined for expressing their opinion, said the artist, who has been living in Turkey for the last 23 years.

Dickinson's illustration was first shown as part of an Istanbul anti-war exhibition. The artist was later arrested and charged with insulting the Turkish prime minister. A local court initially acquitted Dickinson in 2008, but a state prosecutor asked that the case be reopened.

A senior official at the world's largest intergovernmental organization focusing on media freedoms has lambasted Turkey for imposing restrictions on Internet sites and criticized media accreditation methods to ban reporters from attending press conferences.

The Organization for Security and Cooperation in Europe (OSCE) media representative Miklos Haraszti told Today's Zaman in Strasbourg last week that Turkey needs to reform or abolish Law 5651, commonly known as the Internet Law, which restricts access to popular Web sites including video-sharing Web site YouTube. He also warned that changes made to notorious Article 301 of the Turkish Penal Code (TCK), which makes it a crime to attack the Turkish nation in the media, are inadequate and that the government simply needs to get rid of that law.

It puts Turkey in bad company with countries like Iran and China, though Turkey is basically a free country, Haraszti said, stressing that Turkey should either reform or abolish the Internet Law in its current form. He warned that the practice is simply not in line with OSCE commitments and other international standards on freedom of expression. The government does have tools to go after illegitimate sites and punish those who violate laws. But do not block whole access to Web sites. It is not solving problems, he remarked.

Andrew McIntosh, the author of a report on media freedom for the Parliamentary Assembly of the Council of Europe (PACE), has warned that Turkey is in violation of Article 10 of the European Convention on Human Rights and as such the European Court of Human Rights may impose sanctions on Turkey for its notorious Article 301, which restricts freedom of expression for members of the media.

British MP Andrew McIntosh told Today's Zaman: The report is unequivocal about Article 301. It says Article 301 violates Article 10 of the European convention. If a case was started, that opinion, which is the view of PACE, can be tested in the court of law.

The report said the Assembly welcomes amendments made to Article 301 of the Turkish Penal Code [TCK] but deplores the fact that Turkey has not abolished Article 301. Criminal charges have been brought against many journalists under the slightly revised Article 301, which still violates Article 10 of the European Convention on Human Rights.

Turkish deputies, addressing the floor, objected to McIntosh's proposition and claimed that the European court has not made a ruling and that the report erroneously states that the amended article still violates Article 10 of the European Convention on Human Rights. Ertuğrul Kumcuoğlu from the opposition Nationalist Movement Party (MHP) even tabled an amendment to delete the proposition from the report.

PACE argued that the changes in Article 301 have not substantially reduced the number of court cases in which writers or journalists have been prosecuted for their published opinions.

PACE further recommended that the Committee of Ministers call on the government of Turkey to revise their defamation and insult laws and their practical application in accordance with assembly resolutions. In January 2009 the IPI criticized attempts to prosecute Turkish cartoonists for lampooning senior government figures.

A British Stuckist artist, Michael Dickinson, has fled Turkey after learning that his acquittal last September, over insulting the Turkish Prime Minister Tayyip Erdogan in a collage, has been overturned.

The case gained international media coverage and the acquittal was seen as a step forward in Turkey's human rights record with positive implications for its pending EU application.

The collage Good Boy showed Erdogan as a dog on a stars and stripes leash.

A week ago, a late night news broadcast in Turkey said that the acquittal had been quashed and a new case against Dickinson was pending. He said: I caught a plane out as soon as I could, leaving most of my possessions behind, including my books, furnishings and computer. I was sad to leave after 23 years in Turkey, but I don't fancy another taste of Turkish hospitality in incarceration.

Dickinson is expecting the trial to go ahead in absentia with his being represented by his lawyer.

He is now staying with friends in Durham, UK, where he was born. He said: I came back thinking I would be safe, but I've since learnt that Britain has an extradition treaty with Turkey and that if there was a request, Britain could send me back to Turkey if they so wished. I initially thought this was out of the question, but a number of highly unlikely and controversial extraditions have occurred, so I can't say I even feel secure now in the land of my birth and the land supposedly of free speech.

Charles Thomson, co-founder of the Stuckist art movement of which Dickinson is a member, has campaigned on his behalf, and said, It seems when the media spotlight is on, Turkey becomes remarkably tolerant, and when the international press go away, so do human rights.

Dickinson's problems began in June 2006, in an anti-Iraq War show in Istanbul run by Erkan Kaya of the Peace and Justice Coalition (BAK). Dickinson added to his existing display of work, without Kaya's knowledge, a collage Best in Show , showing Erdogan as a dog being presented with a rosette by President Bush. It was seized by police. As Kaya was facing prosecution for insulting the dignity of the Prime Minister , an offence with a potential jail sentence, Dickinson wrote a letter to the court, saying that it was his responsibility, not Kaya's.

Thomson, wrote to then-Prime Minister of the UK, Tony Blair, asking for intervention. The judge who received Dickinson's letter ruled that Dickinson would not be prosecuted, because of the unwelcome press attention involving the appeal to Blair. Kaya would be prosecuted, however.

In September 2006, Dickinson on his own initiative went to the court for Kaya's case (which was postponed) to protest Kaya's innocence. To draw attention, Dickinson held up outside the court a new collage Good Boy. He was arrested and detained for 10 days in conditions he described as horrific . David Blunkett, then in Istanbul, intervened on his behalf. Dickinson was released, but told he would be prosecuted for the new collage.

In September 2008, Dickinson was acquitted of any offence under article 123/5 insulting the dignity of the prime minister. The judge said he thought that the collage was insulting according to Turkish standards, but not according to standards in the European community, and, as Turkey was trying to join the European community, a collage such as Dickinson's should not be held as a crime, so he felt he had no alternative but to acquit.

Dickinson lost his job teaching English at Istanbul University and found he was blacklisted by other educational establishments. He survived by telling fortunes with runes on the street.

In June 2009, Dickinson found out that the public prosecutor had applied to the court, which had quashed the acquittal on 21 June, and ruled that he case would be heard again. Dickinson immediately left Turkey for the UK.