Reforms Yet Insufficient for Free Speech

"For the first time in Turkey, we are witnessing that a speech given at the General Assembly of the Bingol Branch of the Human Rights Association (IHD) in September 2003, without mentioning any names, has been viewed as an insult to the judges, prosecutors, security forces and civilian administrators of a province and has become the subject of a court case."

This is what lawyer Yusuf Alatas said about the case brought against Feray Salman, former secretary-general and member of the board of directors of the IHD, and IHD Bingol branch head Ridvan Kizgin.

Salman and Kizgin are being charged with "cursing at and insulting state officials because of their posts," which is article 266 of the Turkish Penal Code (TCK). The last hearing was postponed until September 22 on the prosecutor's request to study the case.

Although article 266 of TCK is about insulting or cursing at someone "in his/her presence," the prosecutors argue that Salman and Kizgin insulted all state officials in Bingol through their speeches on human rights violations.

Lawyer Yusuf Alatas talked to Bianet about the paradoxical situation created in the trial by the argument that all state officials had been insulted.

"I asked them: 'if the defendants have insulted all officials, judges and prosecutors in Bingol, you are also victims. How will you handle this trial if you feel insulted?" said Alatas.

Diyarbakir Bar Head lawyer Sezgin Tanrikulu and lawyer Levent Kanat also argued that the trial violated the freedom of expression and basic human rights, as well as the right of assembly.

Lawyer Tanrikulu presented the court with a copy of the book titled, "Freedom of Expression in the Rulings of the European Court of Human Rights in Europe," by Associate-Professor Dr. Vahit Bicakci, head of the human rights council at the prime ministry. Tanrikulu asked the court that the book is included in the case file.

Lawyer Alatas said it was weird enough that such a case could be opened. "The ruling in this case will demonstrate whether law in Turkey is implemented in the same way in every region and province in Turkey," he said. (YS/BB/EA/YE)