Two Journalists Acquitted Of Conscientious Objection Interview

The court acquitted daily Birgün’s Sunday supplement editor Gökhan Gençay and executive officer İbrahim Çeşmecioğlu, who were on trial for the interview titled “Savaşların İnsan kaynağını Kurutalım” (Let us drain the human source of the wars) with the conscientious objector Erkan Bolot on October 30, 2005.

Istanbul Beyoğlu’s 2nd Criminal Court of First Instance reached the decision that there was not enough evidence to sentence Gençay and Çeşmecioğlu for the crime of “alienating people from military service through use of media".

Mağden, Özbakış and Yetişgen are suspects as well

Perihan Mağden, a columnist for daily Radikal, who was tried for the article “Vicdani Red Bir İnsanlık Hakkıdır” (Conscientious objection is a human right) and acquitted on July 27, 2006, is facing another trial for writing the article titled “Şimdi Vicdani Ret” (Conscientious objection now), which had appeared in periodical Yeni Aktüel.

Birgül Özbarış, a reporter for daily "Ülkede Özgür Gündem", is also facing 21 years for her reports and interviews about conscientious objection.

Prosecutor Mahmut Yalçın Arı of Gazinantep’s 2nd Criminal Court of First Instance demanded punishment of owner of the newspaper “Çoban Ateşi” Yasin Yetişgen for the crime of “alienating people from the military service”. On trial for his “Anne beni askere yollama” (Mother do not send me to the army) article, Yetişgen faces another trial for opposing the Law Regarding Crimes Against Atatürk, founder of the Turkish Republic.

The first case was against the periodical Sokak in 1989

The idea of conscientious objection received its first banning in 1989. That year, chief editor of the periodical “Sokak” Tuğrul Eryılmaz was tried together with conscientious objectors Tayfun Gönül and Vedat Zencir for “alienating people from the military service”, but the sentence was postponed.

Around the same time, the newspaper Güneş was prosecuted as well for publishing the same news.

What does the law say?

According to article 318 of the Turkish Penal Code, “(1) Anyone caught encouraging or suggesting alienation of people from the military service or does propaganda work towards this goal will be sentenced to prison from six months to two years. (2) If this act is done through media then the sentence will be doubled.” (EÖ/EÜ)