OSCE media freedom representative concerned over legal grounds for trials of publisher and writer in Turkey

VIENNA, 2 March 2005 - The OSCE Representative on Freedom of the Media, Miklos Haraszti, welcomed the acquittal of Fikret Baskaya in Ankara today and said he will monitor the postponed trial of Ragip Zarakolu.

Fikret Baskaya, a writer and academic, was charged under Article 302 of the Penal Code with "insulting the military and security forces of the State." If convicted, he could have faced up to three years in prison.

Publisher Ragip Zarakolu's trial was postponed to 12 May 2005 on procedural grounds. Ragip Zarakolu is charged under Article 216 of the Code for publishing a book about government policies on Kurdish issues which prosecutors say instigated hatred. If convicted, he could receive a prison sentence of up to two years.

In a letter to Justice Minister Cemil Cicek, Haraszti welcomed a reform of the Penal Code which will enter into force on 1 April, but added:

"There are still some worrying provisions in your Penal Code which run against OSCE commitments on freedom of expression. This is of serious concern to my Office which has been campaigning in the OSCE region against criminal defamation laws and provisions that offer elevated protection to government and to officials."

The Representative asked the Turkish Government to remove Articles 216 and 302 from the Penal Code. "Article 216 contradicts the internationally recognized basic principle that speech cannot be prosecuted when there is no incitement to violence," he said.

Haraszti also urged the Turkish authorities to eliminate in a legally binding way all references in official documents suggesting that calls for the withdrawal of Turkish troops from Cyprus or claims that Armenians were exposed to genocide could be treated as crimes.

This is referred to in an explanatory document which accompanies Article 305 of the Penal Code, "Offences against national interests." Previously these two examples were omitted from a version of the Penal Code which was sent to judges.

"Removing these examples officially can help exclude the impression that Article 305 allows the punishment of speech," Haraszti said.