Istanbul’s 2nd Criminal Court of First Instance sentences Fatih Taş, former owner of Aram Publishers under charges of “defamating and belittling the state” to 5 months in prison for a biographical work on Nazım Babaoğlu, a Kurdish journalist who had disappeared during police custody. The court however converted the sentence to a YTR 1650 (USD 1100) fine.
Certain phrases in the book violated Article 301 of the Turkish Penal Code the judges argued. Nevertheles they decided to employ the provisions of former Article 159 which was replaced by Article 301, as the measures in the former were more favorable for the defendant. If Article 301 was employed Taş would have been fined YTL 3 thousand (USD 2000).
The book –“They Say You Have Disappeared”- was based on the life story of Nazim Babaoglu a local Şanliurfa reporter for pro-Kurdish daily Ozgür Gündem who disappeared during police custody. The book was prosecuted for “defamating and belittling the state” for the expression “the state-mafia-gang links” and the phrases “...bursting on the Kurdish people with brutality”, "minor massacres like those committed under bloody fascist dictatorships", etc.
Headed by judge Sevim Efendiler, the court decided not to suspend the sentence as "the defendant did not imply that he would not commit a similar crime in the future." (EK)
