Tactics and tools for the protection
of Human Rights Defenders

25 March 2011

Human rights advocator Hakan Tahmaz received a one-year prison sentence, journalist İbrahim Çeşmecioğlu a monetary fine for the interview with Murat Karayılan, leader of the Union of Kurdistan Communities.

Human rights defender Hakan Tahmaz and Birgün newspaper Editorial Manager İbrahim Çeşmecioğlu were convicted on 24 March on the grounds of their so-called "Qandil interview". Both defendants were sentenced for "publishing announcements of an illegal organization" because of an interview with Murat Karayılan, leader of the Union of Kurdistan Communities (KCK) known as the umbrella organization of the militant Kurdistan Workers’ Party (PKK). Tahmaz was sentenced for leading the interview, Çeşmecioğlu for publishing it.

The Qandil Mountain is the location of the PKK’s base in Northern Iraq. The interview was published in the Birgün daily on 9 August 2008.

The final hearing was held on Thursday (24 March) before the Istanbul 10^th High Criminal Court. Prosecutor Kasım İlimoğlu claimed that the defendants carried out journalistic activities and demanded their acquittal based on previous decisions of the European Court of Human Rights (ECHR).

The court on the other hand decided for a one-year prison sentence for Tahmaz which was finally mitigated to ten months. Çeşmecioğlu was handed down a monetary fine of TL 16,660 (€ 8,300) corresponding to 1000 days in prison.

Journalist Çeşmecioğlu told bianet, "We have seen everything in this country but today for the first time we even saw the disposal of an unpublished book. Now we have seen that as well. Therefore, I cannot say anything about my punishment. We will appeal of course but the shame is not on us".

Tahmaz: Decision shows double standard

Tahmaz, an active member of the Turkish Peace Parliament, commented, "We made journalism. Nowadays, all journalists of the main stream media are waiting in line to interview Karayılan. We are being punished because of our dissident opinion".

Tahmaz stated that the interview was an effort for peace. "This is a problem of press freedom but it also shows the double standard applied to us", he said.

Both defendants stood accused of "publishing statements of PKK/KONGRAGEL" according to article 6/2 of the Anti-Terror Act (TMY). Reason for the prosecution was the interview entitled "Unilateral Ceasefire Amplifies the Problem". Initially, Tahmaz and Çeşmecioğlu were facing prison terms of up to three years.

Charges against Birgün owner Bülent Yılmaz had been dropped.

The previous prosecutor of the case, Savaş Kırbaş, had demanded the punishment of both defendants.

The interview on subject read, "Karayılan, who met Tahmaz at the Qandil Mountain in Northern Iraq, stated that ordinary people no longer want to witness violence but they’re determined to continue a ’legitimate defense war’, in his words."

Emphasizing, "they don’t want to establish a separate state but react to the denial of the Kurdish solution", Karayılan said that the Democratic Society Party (DTP) is regarded as a buffer but they want to pursue politics as PKK and that this was not in contradiction with the ongoing armed-struggle.

The issue of the day the interview was published was seized upon the decision of the Istanbul 12^th High Criminal Court. Also journalist Ertuğrul Mavioğlu is going to face trial by reason of an interview with Karayılan at the Istanbul 11^th High Criminal Court. (EÇ/EÖ/VK)

http://www.bianet.org/english/minor...