After completing a nine-year prison term, Özgün was released in April and then immediately charged with "insulting state institutions," according to Article 159 of the Criminal Code, an indictment that carries a 12-year jail sentence.
The charges stem from Özgün's 1998 new trial petition in which he accused security forces of brutality in southeastern Anatolia and of murdering journalists belonging to pro-Kurdish newspapers. He also complained of harsh treatment during his imprisonment, including an injury to his knee, which required hospitalization and still needs rehabilitation care.
Regardless of his physical condition and having just completed his prison term, Özgün has been drafted into the army while he waits for his insult trial, scheduled for 9 October.
WPFC believes Özgün is suffering a grave injustice and is the victim of Turkeys insult laws, obsolete pieces of legislation left over from autocratic times that shield public officials from the necessary scrutiny of the rest of society. Insult laws have been repeatedly denounced as anti-democratic obstacles to press freedom by several international organisations, including the United Nations Human Rights Commission, the Organisation for Security and Cooperation in Europe, the European Court of Human Rights and the Inter-American Commission on Human Rights.
In fact, the European Court, in its landmark Castells vs. Spain case, opined that "The limits of permissible criticism are wider with regard to the Government than in relation to a private citizen, or even a politician."
WPFC noted that Özgün has presented the Turkish government and the Turkish Armed Forces with a magnificent opportunity to disregard Turkey's insult laws by dismissing the charges against him, releasing him from military duty and allowing him to resume his journalistic work.
RECOMMENDED ACTION:
Send appeals to the president:
- calling on him to dismiss the charges against Özgün, release him from military duty and allow him to resume his journalistic work
- urging him to introduce legislation in Parliament eliminating all 11 insult laws existing on the Turkish books as a show of democratic will worthy of a country aspiring to be accepted in the European Union
APPEALS TO:
His Excellency Ahmet Necdet Sezer,
President of the Republic of Turkey
Cumhurbaskani, Cankaya Kosku,
Cankaya
Ankara, Turkey
E-mail: [email protected]
cc: His Excellency Recep Tayyip Erdogan
Prime Minister of Turkey
Chairman of Justice and Development Party-AKP
Fax: +90 312 417 04 76
Please copy appeals to the source if possible.
For further information, contact Marilyn J. Greene at the WPFC, 11690-C
Sunrise Valley Drive, Reston, Virginia 20191 U.S.A., tel: +1 703 715 9811,
fax: +1 703 620 6790, e-mail: [email protected], Internet:
http://www.wpfc.org
The information contained in this action alert update is the sole responsibility of WPFC. In citing this material for broadcast or publication, please credit WPFC.
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* Press Freedom Committee (WPFC)
