Country of origin information report Turkey March 2007

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15.15 The BIA News Center further noted that:

“The report contains information on 56 court cases launched against 67 people, four journalists seeking their rights at local courts and 15 individuals who have applied to the European Court of Human Rights. The report cites developments over the past three months that reveal problems with regard to the independence of justice in Turkey. It notes that while the Supreme Council of Judges and Prosecutors has no structural or functional autonomy, the fact that the Office of the Chief of General Staff and the Police force are at top of the list of institutions filing criminal complaints ‘creates a concerning picture for the freedom of media and expression’. Covering a wide section of society from journalists to tradespeople at least 40 people have been put on trial or are still being tried under article 159 of the old TCK and article 301 of the new Code it says.” [102a]
15.16 The BIA News Center reported on 27 October 2006 that:
“Journalists Tuncay Ozkan, Cuneyt Arcayurek and Adnan Bulut have been charged for ‘publicly denigrating Turkish soldiers’ in a program aired by ‘Kanal Turk’ television and face up to 3 years imprisonment each if found guilty under penal code article 301.The charges against all three journalists are linked to views expressed on the ‘Politics Stop’ program on Kanal Turk. The Monitoring Desk of the ‘Establishing a Countrywide Network for Monitoring and Covering for Media Freedom and Independent Journalism-BİA²’ project has disclosed that according to its data from news reports covered, a total of 68 people have been charged in Turkey under articles 301 and 159 of the Turkish Penal Code in 18 months. While article 301 went into force on June 1, 2005, in instances where it has been favorable for the defendants, article 159 has been imposed. Those who have been charged under both articles are journalists, writers, publishers, activists, unionists and, in some instance, ordinary citizens.” [102f]