"The undeniable legislative progress achieved in Turkey must not to mask the fact that it is still very difficult for the most critical journalists to operate," RSF said.
"The press is exposed to misuse of authority by the courts, which in practice continue to impose prison sentences and exorbitant fines that push journalists to censor themselves extensively on the most sensitive subjects, such as the army and the Kurdish question," RSF said.
TV and radio stations are still subject to "brazen censorship" by the High Council for Broadcasting (RTÜK), while pro-Kurdish journalists continue to be the target of many kinds of pressure, the organization continued.
"Despite the progress towards European standards, the gap between the declarations of good intentions and reality is still considerable, with the result that Turkey still does not fulfil all the necessary conditions for real press freedom," RSF added.
The legislative amendments undertaken by Turkey with a view to joining the European Union have been positive for journalists. Heavy fines have replaced prison sentences in the new press law, adopted in June. The most repressive sanctions, such as the closure of news organizations or bans on printing and distribution, have been eliminated, while the protection of sources has even been reinforced.
Journalists being prosecuted for "complicity with terrorist organizations" were acquitted after the anti-terrorism law and criminal code were amended in 2003. But the new version of the criminal code, which will take effect next April, makes "propaganda on behalf of an illegal organization or its objectives" punishable by one to three years in prison, or even more if the crime is committed by means of the press.
Article 159, which has led to many journalists being prosecuted for "affront to the state and state institutions and threats to the indivisible unity of the Turkish Republic," was amended in 2002 and 2003, with the prison sentence being cut from one year to six months. At the same time, criticism not intentionally aimed at "ridiculing" or "insulting" state institutions is no longer punishable by imprisonment. A further improvement in the new criminal code is the elimination of the crime of "mocking and insulting government ministers."
Nonetheless, contrary to European standards, the new criminal code stipulates that insult is punishable by three months to three years in prison, with the sentence increasing if the crime is committed by means of the press (article 127).
In practice, judges still interpret the concept of "criticism" very subjectively and abusive prosecutions continue.
Four journalists with the pro-Kurdish daily Yeniden Özgür Gündem who criticized government policy on the Iraq war were brought before the courts in 2003, while online journalist Erol Ozkoray was detained for "mocking" and "insulting" the army. Sabri Ejder Ozic, the manager of Radyo Dunya, a local radio station in the southern city of Adana, was sentenced to a year in prison for offending parliament.
Hakan Albayrak, a former editorialist for the daily Milli Gazete, was imprisoned on 20 May and is currently serving a 15-month prison sentence for "attacking the memory of Ataturk," in violation of the 1951 law governing crimes against Kemal Ataturk. Article 1 of this law punishes any offence against the Republic of Turkey's founder by one to three years in prison. Article 2 doubles the sentence if the crime is committed by means of the press.
Nureddin Sirin, the editorialist of the Islamist weekly Selam, and Memik Horuz, the managing editor of the far-left newspaper Isci Koylu, have spent years in prison for the views they expressed in the course of their journalistic work.
Three days ago, on 15 October, Sebati Karakurt of the daily Hurriyet was held for 12 hours at the headquarters of the anti-terrorist police in Istanbul. Some 10 policemen searched his home because of a report published a few days earlier that included an interview with Murat Karayilan, the military chief of the former Kurdish Workers' Party (PKK), now renamed Kongra-Gel. The report included photos showing female rebels in combat fatigues in a favourable light, relaxed and smiling. Karakurt was released after being interrogated by the police and a prosecutor.
Furthermore, while the national radio and TV stations are now allowed to use the Kurdish language, the RTÜK continues to impose disproportionate sanctions - ranging from warnings to the withdrawal of licences - on pro-Kurdish media or media that are very critical of the government.
Özgür Radyo, a local radio station in Istanbul, was sentenced by the RTÜK to a month's closure for "inciting violence, terror, discrimination on the basis of race, region, language, religion or sect or the broadcasting of programmes that arouse feelings of hate in society." The station stopped broadcasting on 18 August. In the event of a further offence, the RTÜK could withdraw its license altogether.
Günes TV, a local television station in the eastern city of Malatya, was also forced to stop broadcasting for a month beginning 30 March after the RTÜK accused it of "attacking the state's existence and independence, and the country's indivisible unity with the people and Ataturk's principles and reforms" under article 4 of RTÜK law 3984. Using the same article, the RTÜK closed down local TV station ART in the southeastern city of Diyarbakir on 15 August 2003 for broadcasting two love songs in Kurdish.
The massive detentions of pro-Kurdish journalists by the anti-terrorist police on the eve of the NATO summit in Istanbul on 28-29 June 2004 were also indicative of the treatment reserved for the pro-Kurdish press.
Finally, nine journalists covering the dispersal of a protest against electoral fraud were badly beaten by police in Diyarbakir during the 28 March local elections and three of them had to be hospitalized. Those responsible have still not been punished. (YE)
