Initially subject to the transfers are a group of 4 Turkish journalists whose cases have been continuing at lower level courts.
Mass circulation daily Hurriyet reporter Sebati Karakurt's case where he is charged for an interview conducted with outlawed Kurdish Peoples' Congress (Kongra-Gel) was initially opened at a High Criminal Court but then transferred to a Criminal Court of First Instance. With a new decision taken under the Anti-Terror Law, his case, where editors Necdet Tatlican and Hasan Kilic are co-defendants, is to go back to a High Criminal Court.
Similarly, daily Milliyet newspaper reporter Namik Durukan who interviewed outlawed Kurdistan Workers Party (PKK) leader Abdullah Ocalan's brother Osman Ocalan will also be tried at a High Criminal Court if his appeal against this decision is rejected.
The fact that the courts these newsmen will appear at are "Specialized High Criminal Courts" is seen as a resurrection of the controversial post-coup State Security Courts (DGM) which were abolished in 2004 under the European Union reforms.
Lack of Jurisdiction in 2 Cases
Decisions to send the four newsmen to be tried at Specialized High Criminal Courts were taken on Friday, September 21, by an Istanbul Court of First Instance.
In two separate cases heard at the Bagcilar 2nd Criminal Court of First Instance, the bench decided on lack of jurisdiction under the amendments made in the Anti Terror Law as published in the Official Gazette on July 18. The amended article 9 of the law states that cases regarding offences described in the law will be heard at High Criminal Courts and that children over the age of 15 who commit such offences will also be prosecuted at such courts.
The first case was that involving Durukan for his April 29, 2005 interview published in the Milliyet newspaper. Interviewed by Durukan after the birth of his son, Osman Ocalan who led a splinter group out of the ranks of the PKK, told the journalists of the many changes that affected his life and openly criticized the PKK.
"Osman is rocking the cradle " and "PKK should withdraw" were the headlines of Durukan's interview in published format and in Friday's hearing where he rejected charges against him, the newsman maintained that the interview was not a propaganda of the organization but in fact a criticism of its conduct.
Facing up to five years imprisonment if found guilty, Durukan told the court on Friday "I do not accept the allegations. There was no propaganda of the organization, it was criticized. In the news report Osman Ocalan's leaving the organization and his criticism directed at the organization were covered. The changes that affected Osman Ocalan after the birth of his child while being referred to as leader of a 'child killing' organization were explained".
Despite Durukan's defense and his being an accredited journalist operating in the Southeast region for many years, Judge Muhterem Bulut chose to act in accord with the opinion of Prosecutor Mehmet Sahin and under the amendment mad to the Anti-Terror Law decided on a lack of jurisdiction and for the case file to be sent to the Istanbul Justice Hall for a trial to be held at a High Criminal Court.
Kandil interview back to High Court
An October 10, 2004 article in the Sunday edition of Hurriyet newspaper titled "Women Awareness Exceeds Kurdish Identity in Kandil" was based on an interview conducted by reporter Sebati Karakurt on Kandil mountain, the rural headquarters of the Kongra-Gel which is a continuation of the PKK.
Karakurt was promptly charged for "publishing the statements of a terror organization" and prosecuted for this and conducting propaganda of the terror organization. The newspaper's editors Necdet Tatlican and Hasan Kilic were prosecuted for propaganda too.
In addition to his interview with Kongra-Gel leader Murat Karayilan, Karakurt had written a news report reflecting the changes in the lives of militants living on Kandil mountain for so many years, inclusive of awareness of women rights and a rising consciousness of their own identity of female militants.
Karakurt's house was raided after the news went into print, leading to reaction among journalist groups but his case launched initially at a High Criminal Court was transferred to a Court of First Instance.
Last week, like in Durukan's case, the Bagcilar 2nd Criminal Court of First Instance rejected to continue to hear this case which has now also been sent to the High Criminal Court. (EO/II/YE)
