His Excellency Bülent Ecevit
Prime Minister of the Republic of Turkey
Prime Minister’s Office
Ankara
Turkey

Fax: + 90 312 417 57 43

Vienna, 19 June 2001

Your Excellency,

The International Press Institute (IPI), the global network of editors and media executives, is deeply concerned about the charges against Fehmi Koru, journalist and columnist of the daily, Yeni Safak, the imprisonment of Mehmet Kutlular, owner of the Yeni Asya media group, the use of Article 312 of the Turkish Penal Code (TCK) in both of these cases, as well as the planned media law reform for Turkey.

According to IPI’s sources, the charges against Koru stem from a public speech by Kutlular in which he described the devastating 17 August 1999 earthquake as a divine retribution. As a result of these comments, Kutlular was recently sentenced to two years in prison under Article 312 of the TCK. On 23 October 1999, in a televised interview on Kanal 7, Koru defended Kutlular by arguing, “Everybody is entitled to their own beliefs…You have your religion and I have mine.” During the interview, Koru also criticised Your Excellency’s appraisal of Kutlular’s opinion as “primitive thinking”. Koru is now being charged with “inciting hatred and animosity among the public”. He will be tried under Article 312 of the TCK on 21 June and faces a possible prison sentence.

After reading a transcript of Koru’s comments, which form the basis of his prosecution, it is IPI’s opinion that he was simply expressing his own belief in freedom of expression and defending the right of Kutlular to express his views on the religious dimensions of the devastating earthquake.

IPI is also very worried about the plans to reform Law 3984 (1994) by adding restrictive measures against the media. In the amended Article 6, one member of the 9-member governing body, the RTÜK, will be from the National Security Council. Five members would be appointed by parliament and four by Ministers. Although we welcome the introduction of two professional journalist representatives to the RTÜK, we do not believe two members from a committee of nine is sufficient for the voice of journalists to be heard. As we remarked in our previous letter to you, on 5 June 2001, we are also concerned about the new restrictions on the internet, particularly those sections concerning the publication of information. Furthermore, in article 13 of the amended version of the law, the penalties for the press, in general, are being increased 1000 times. Moreover, there are, concerns that the new law will lead to an increase in the concentration of ownership of the Turkish media.

IPI believes that the introduction of such a law could cripple the independent media in Turkey and poses a great threat to journalists. On 18 June 2001, President Sezer vetoed the law after it had passed through Parliament. However, under laws regulating parliamentary procedure, if it is passed by the Parliament again, without any changes, then the president will be forced to ratify it.

IPI protests the actions of the Turkish state against Koru and Kutlular, which appear to be aimed at silencing freedom of expression by means of Article 312 of the TCK. IPI also urges Your Excellency to seek a repeal of this law, which is in gross violation of Article 10 (1) of the European Convention on Human Rights to which Turkey is bound. This Article guarantees everybody’s “…freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers”. IPI therefore calls for all charges against Koru to be discontinued, the immediate and unconditional release of Kutlular, a repeal of Article 312 of the TCK, and the removal of all restrictive measures in the planned reform of Law 3984. Moreover, we ask you to take all necessary steps to guarantee that journalists are allowed to report freely on developments in Turkey.

We thank you for your attention.

Johann P. Fritz
Director