FULL TEXT OF THE CIVIL DISOBEDIENCE DECLARATION
_ ()
I may disagree with what you have to say, but I shall defend, to the death,
your right to say it.
Voltaire (1694-1778)
SOME OPINION AND DEMANDS ON VARIOUS ISSUES IN TURKEY
The restructuring of Penal Procedural Law, Enforcement Law and Turkish
Penal Code based on fascist Italian law generated high hopes towards establishing
democracy and freedom of expression without buts. The former laws had been
used as a base to support countless unfair and unjust decisions and processes.
The brand new Turkish Penal Code which opens with the following paragraph ”
The purpose of this law is to protect personal rights and freedoms, public
order and security, supremacy of law, public health and environment and public
peace, and to prevent crime” unfortunately caused great disappointment with
its following provisions as well as its implementation in over a year’s period.
Explosives placed in the law with great skill not to catch the eye at first
sight, now blow up one after the other. Writers, journalists, publishers,
artists, trade unionists, professors, dissident politicians keep cramming the
court halls. In order to stop this course of events before it is too late,
before the stream of convictions get approved by the Supreme Court and become
common law, in order to block this road; we publicize opinion by the means of
press knowing that each paragraph violates some anti-democratic article, and
might cost each of us under the new law a prison sentence of between 15 and 62
years and a fine of between 90 and 155.000 New Turkish Liras. We are prepared
to bear the consequences.
Statements charged/punished for violating article 301 of TPC (former 159):
1. “It is known that a “Sevres Syndrome” was experienced in the
beginning of 1990’s, there was a belief that Turkey faced the danger of
disintegration. But the claim that such climate still prevails today and its turn into a ”
paranoia” is disturbing and damaging for the nation. Those who say today
things like that a Pontus State would be formed in the eastern part of Black Sea
region, that non-muslim converts control Turkey or Fener Greek Patriarchate
would set up a sort of Vatican in Istanbul, are in fact trying to generate
such climate…”
(Statement qouted from the Minority Report of Prime Ministry Human Rights
Advisory Board, which led to the prosecution of Prof. Ibrahim Kaboglu and Prof.
Baskin Oran.)
2. “30.000 Kurds and 1 million Armenians have been killed in this land.
Nobody in Turkey dares to say it. I do….”
(Orhan Pamuk’s statement published first in a Swiss magazine and reprinted
in Aktuel magazine in Turkey which led to Pamuk’s peosecution.)
3. “The fresh blood to replace the poisoned blood the Turk would bleed
out, exist in the noble vein of the Armenian that he would form with Armenia”
(Statement from Hrant Dink’s article published in AGOS newspaper and led to
the prosecution and conviction of Dink.)
4. “…at the dawn they arrived in helmets, boots and with arms. They sat
on the country like a heavy rock… those who planned to come in helmets, boots
and with arms and sit on the country like heavy rock …”, “It turned out
that they were not any different from Pinochet, Banzer, Videla, Garcia and
Somoza, their colleagues in far away countries. Among other things, they executed
49 people including one aged 17.”
(Statements from Emin Karaca’s article critising 12 September regime,
published in YAZIN review which led to the conviction of Karaca, 5 months prison
sentence.)
5. “…If he is naive enough to trust Turkish courts and judges, the chance
of an ordinary Turk for a fair trial is one in a million, “.
(Sentences from journalist Burak Bekdil’s article published in Turkish Daily
News which led to his conviction, 20 months prison sentence.)
6. “…The numbers of death toll in the civil war was so scary in 1992
and the stories of PKK attacs and the army’s retaliations were so brutal
nobody could be optimistic about the new year. Despite the recognition of ”
Kurdish Reality’ by Prime Minister Demirel and ve President Ozal, the sounds of war
drums played by Turkish press and conservative parties demanding a harsh
response to any expression of PKK rebellion and Kurdish independence overruled
more conciliatory voices. The war was waged on two fronts: one in the South
East region against Kurds, -now with superior numbers and technology due to
the arrival of Black Hawks; and the other one was in the cities and towns
against Kurdishness and any kind of anti-war opposition or sympathy towards the
rebels …”
(These statements qouted from John Tirman’s book “War Booty: Human Cost of
American Arms Trade” led to the prosecution of Fatih Tas, the owner of Aram
Publishing House.)
TPC article 301:
Those who
(1) Publicly insult Turkishness, the Republic or the Grand National Assembly
of Turkey shall be punished with a prison sentence of between 6 months upto
3 years.
(2) Publicly insult the Government of Turkish Republic, the judicial
institutions, military or security organisations of the state shall be sentenced
with a prison sentence of between 6 months upto 2 years.
(3) If insulting Turkishness is committed by a Turkish citizen in another
country, the punishment shall be increased by one third.
(4) Expression of thought with the purpose of criticism shall not constitute
a crime
Statements charged with violating article 288 of TPC:
7. “…This decision has nothing to do with law or democracy …it is a
decision that defies law and academic freedom …it is a blow to freedom of
expression …” (the indictment against Hasan Cemal, journalist in Milliyet daily
qoutes from his article on the decision of Istanbul 4th. Administrative Court
to halt “Armenian Conference”.)
8. “…Nonsense of stopping Armenian Conference by judicial order …”, “…
I wonder if those who made the decision will be investigated …”
(The indictment against Prof. Erol Katırcıoglu of Milliyet daily qoutes his
article which led to his prosecution under the same charge.)
9. “…We witnessed the judiciary stepping outside its authority …”, “…
it is the worst attack so far on the academic quality of universities …”
(The indictment against Ä°smet Berkan of Radikal daily qoutes his article
which led to his prosecution under the same charge.)
10. “…a decision such as this, defying scientific freedom and academic
quality of universities…”, “…Could a country claim to be a functioning
state of law where courts can make decisions such as this?…”
” The indictment against Prof. Haluk Sahin of Radikal daily qoutes his
article which led to his prosecution under the same charge.)
11. “…When the one who is defined as serving out justice begins
transgressing justice …”, “…the decision is so fatal …”
(The indictment against Prof. Murat Belge of Radikal daily qoutes his
article which led to his prosecution under the same charge.)
12. “…Was not Pamuk’s statement investigated by Istanbul Chief Public
Prosecutor’s Office earlier on and was not it concluded that the statement was
in the scope of ciricism which did not constitute a crime leading to the
dropping of the charges? Does not this kind of silence harm government as well as
Turkey encouraging this sort of practices?”
(Qouted from the article of Murat Yetkin of Radikal daily, ciritising Pamuk
trial which led to his prosecution.)
TPC article 288: Those who
(1) publicly make verbal or written statement with the purpose of
influencing the prosecutor, the judge, the court, experts or witnesses before an
ongoing legal inquiry or prosecution is finalised shall be punished with a prison
sentence of between 6 months and 3 years.
Press Code num. 5187, article 19: Those who publish the contents of
processes by Public prosecutor, judge or the court or other documents related to the
investigation during the time from after the beginning of the preliminary
investigation till either the charges are dropped or a public case is opened,
shall be punished with a fine of between 2 billion Turkish Liras and 50
billion Turkish Liras…. …Those who publish opinion on an ongoing trial about
the judge or the court procedures before it is concluded shall be punished in
the same way as in paragraph 1.
Statements charged with violating article 215 of TPC (former article 312/1):
13. “…Your struggle is our struggle, we are for peace, we thank you peace
mothers …”
(The words of President of Teachers Union Allattin Dincer as he visited a
sit in action of Peace Mothers on Istiklal Street led to his trial.)
14. “…The US and its allies intervened in the Middle East in the name of
freedom and democracy yet the occupation led to blood and tears, repression of
Kurdish people continue, Turkish state does not respond to peace attempts, it
increased the military operations in response to the 6 years long unilateral
peace declaration of Kurdish leader Abdullah Ocalan …”
(Executive member of HRA Yuksel Mutlu’s words during the same visit led to
his prosecution.)
TPC article 215: Those who
(1) publicly praise a committed crime or a person for committing a crime,
shall be punished with a prison sentence of upto 2 years.
Statements charged with violating article 216/1 of TPC (former article
312/2):
15. “…besides, contact between de facto Kurdish government and Turkish
state officials continued. So what is behind the scare stories of the media.
As if it were a new development, the citizens of Turkish Republic are
bombarded with the idea that there is going to be a disaster if a Kurdish state is
established. Look, they say “We have to invade Iraq, otherwise Kurds will set
up a state and they will demand land from us… “So we should go into Iraq
not against Saddam but more importantly to prevent a Kurdish state.”… ‘
Saddam is an excuse, would not it be wonderful to crash Kurds’…” (Ragıp
Zarakolu’s words from his article published in his column in Ozgur Gundem
newspaper, qouted by the indictment.)
16. “What is the reason of such hostility and anger against Muslims? All
islamic values, notions and institutions have been viewed as potantial
threats. Religious education of children have been obstructed. Religious education
has been cut down. Department of Religious Affairs have been under strict
controls. Education life and religious life have been separated. This is not
secularism. The object of secularism is not ‘religion and state’and a
separation and antagonism can not be claimed to exist between the two. The object of
secularism is ‘the church and the state.’ You can not both take department
of Religious Affairs under your own control and talk about secularism at the
same time. And then you politicians through your bureaucrats will decide our
religion. Let that religion be yours. It is denigrating for religion and the
religious. It is a political intervention to the sacred domain….” (Qouted
from Abdurrahman Dilipak’s article: “My Country is Different”. These
statements led to his prosecution in State Security Court under former article 312
which now continues in a Criminal Court of First Instance.)
17. ” ‘I am a Turk, I am honest, I am industrious’. E, when you said
this then a son of a Muslim and a Kurdish origined citizen gained the right to
say ‘Is that so? Then I am a Kurd, I am more honest, I am more industrious.'”
. (Prof. Necmettin Erbakan’s words which led to his conviction with a 1 year
of imprisonment yet postponed due to his health condition.)
18. “Minarets are our bayonets, domes are our helmets, mosques are our
barracs…” (Verses that led to Prime Minister Erdogan’s convition with 10
months imprisonment, Mayor of Istanbul at the time..)
TPC Article 216: (1) If someone openly instigates a part of the people
having different social class, race, religion, sect or region to hatred or
hostility against another part of the people, giving way to an open and close danger
for the public security, the offender shall be punished with a prison
sentence of between 1 year and 3 years.
Statements charged with violating article 6 of Fighting Terror Law:
19. “…now I would like to point this. This Orhan Karadeniz is the same
person who used to be a judge. There are lawyers who know him. During the
trials of ‘revolutionary left’ after 1980 when the accused wanted to speak to
defend themselves he either would shut them up or he would set the soldiers
on them on the excuse that they chanted slogans when they tried to speak
slightly loudly to demand something, he would do everything not to give the
accused a chance to speak…”
(The indictment qoutes Ertugrul Mavioglu’s words at a TV program “Arena of
Politics” presented by Ali Kırca. They were both prosecuted over the
program.)
Fighting Terror Law Num. 3713 article 6: Those who announce that the crimes
of a terrorist organization are aimed at certain persons, whether or not
such persons are named, or who disclose or publish the identity of officials on
anti-terrorist duties, or who identify such persons as targets shall be
punished with a fine of between 5 and 10 million Turkish liras.
Statements charged with violating article 7 of Fighting Terror Law :
20. “…Someone called a terrorist in one part of Turkey is called a
guerilla in the other part; someone who is a traitor in one part is a hero in the
other. On the one side it is “the head of terrorists” on the other part it
is ‘the leader of Kurdish people Chairman Apo …” (Indictment qoutes Orhan Dog
an’s words from an interview he made with Nese Duzel of Radikal daily. They
are both prosecuted for it.)
Fighting Terror Law Num. 3713 article 7:
-Those who assist members of organizations constituted in the manner
described above or make propaganda in connection with such organizations shall
additionaly be punished with a prison sentence of between 1 and 5 years and with a
fine of between 50 million and 100 million Turkish liras, even if their
offence constitutes a separate crime.
Statements charged with violating article 318 of TPC (former article 155):
21. “Antimilitarists will explain concientious objection and anti-war
activism, Anti-war Gathering …” “…Political situation in Turkey is getting
hot. Today’s rising chauvinistic wave in fact existed two years ago. Yet that
insidious wave can reveal itself openly today with the support of militarism…
” (Journalist Birgul OzbarıÅ~_ of GUNDEM newspaper reports the statements of
antimilitarists and concientious objectors. The newspaper report is qouted by
the indictment.)
TPC Article 318: (1) Those who commit activities, encourages or inspires the
people or propagandates in a way to alienate them from military service
shall be punished with a prison sentence of from 6 months upto 2 years.
Statements charged with violating article 305 of TPC (very old former
article 140):
22. All military forces including Turkish soldiers should pull out of
CYPRUS, the bases should be closed down, the island should be disarmed.
(One of the two examples given as an explanation of the article in the
records of Grand National Assembly, yet this part was somehow ommited in the
edition of new TPC published by the Ministry of Justice.)
23. Turkish Republic should be able to face up to the realities of its
past beginning with the Armenian Massaccre of 1915. (The other example given
by the same explanation of the article 305 as to when the article would be
used.)
TPC Article 305: (1)A citizen who directly or indirectly receives material
beneifit from foreign persons or instutions for himself or for others in
return for, or with the purpose of committing acts that are against fundemental
national interests,shall be punished with a prison sentence of from 3 years
upto 10 years and a fine of 10.000 days. Those who benefits or offers benefit
shall be punished in the same way. (2) If the act is committed during war or
the benefit is offered or given in return for making propaganda through the
press, the punishment shall be increased by half.
Statements charged with violating articles 1 and 2 of Law on Crimes Against
Ataturk Num. 5816:
24. “…In a town like Ankara they were everything; there was no one more
knowledgable or superior than them but not in Istanbul. It was not hard to
get drowned or get offtrack in it. They could only overcome Istanbul by the
power of the state in their hands, through violence. That is what they did.
When he said Istanbul is a summary of our history and civilisation, perhaps he
should have been aware that the use of such methods against this city could
only be an expression of desperation, yet Mustafa Kemal was famous for his
endless ambition…” (Seyfi Ongider’s words from the book “The story of two
Cities” qouted by the indictment. He is the editor of Aykırı Publishers.)
Law on Crimes Against Ataturk Num 5816:
Article 1: Those who publicly insult or curse the memory of Ataturk shall be
imprisoned with a sentence of between one and three years
Article 2: If the crimes outlined in the first article are committed by a
group of two or more individuals, or publicly, or in public places or by means
of the press, the punishment shall be increased by half.
Statements violating article 237 of TPC:
25. The current deficit tends to incerase as a result of the government’s
economic policies. This can lead to an unexpected economic crises, even worse
than the last one. Emergency measures are needed.
TPC Article 237: (1) Those who spread false information or news, or uses
other fraudulent ways with the purpose of leading to or in a way to cause the
prices of food or the wages of workers to increase or decrease shall be
punished with a prison sentence of from 3 months and 2 years.
(As far as we know, this article has hurt anybody so far. Yet it is there
waiting to be used like the sword of Damocles, when any criticism on economic
policies disturb the rulers.)
Statements violating articles 84 and 298 of TPC:
26. Those young people who are on death fast are so desperate that they
are putting their lives at risk as a last resort. Instead of denouncing them
straightaway we should try to understand them first. Besides, the ideas that
one has the right to decide whether to go on living or not and that euthanasia
is a right are widely accepted around the world.
TPC Article 84: (3) Those who publicly encourages others to committ suicide,
shall be punished with a prison sentence of between 3 years and 8 years. If
this offence is committed through the press and media the offender shall be
punsihed with a prison sentence of from 4 years upto 10 years.
TPC Article 298: (2) Those who prevents convicts or those under arrest from
taking nourishment shall be punished with a prison sentence of between 2
years and 4 years. Encouraging or convincing or ordering the convicts or those
under arrest to go on a hunger strike or death fast is considered preventing
from taking nourishment.
(As far as we know these articles did not hurt anyone so far. Yet it is
obvious that they exists to stop criticism on F Type and isolation in prison.).
Statements violating article 220 of TPC:
27. The guearilla movement launched by PKK in 1984 led to bloody
consequences as well as positive ones such as the disintegration of the feodal
structure and women’s participation in social life in the region.
TPC Article 220: (8) Those who propagandate for the organisation or for its
purpose shall be punished with a prison sentence of between 1 year and 3
years. If this crime is committed by the means of press and media the punishment
shall be increased by half.
(The same applies for this article yet we should not forget that in the
past, article 169 which prohibited “helping illegal organisation” was distorted
and interpreted as “helping through propaganda” to silence criticism.)
Convicted cartoons:
28. Musa Kart’s cartoon published in Cumhuriyet daily on 9 May 2004. Kart
and the responsible editor Mehmet Sucu were sentenced to pay 5.000 NTL
compensation as prime minister Erdogan sued them.
29. The comic paper “Penguin” ran this front page to protest the case
against Musa Kart. Prime Mimister Erdogan sued the paper and demanded 5.000 NTL
compensation for each animal figure, a total of 40.000 NTL.
The cartoonists were tried and convicted under the following articles:
Civil Law article 24.- Those whose
(1) personal rights are attacked in a way against the law can ask the court
for protection from the assailant.
(2) All violations of personal rights are against law unless the consent of
the victim is justified by a superior personal or public benefit or use of
authority provided by law.
Law on Obligations and Contract article 49:
(1) Those whose personal rights are violated in a way against the law, have
a right to open a case demanding payment for mental damage.
(2) Judge takes into consideration the social standing and position and
other social and financial circumstances of the parties in determining the amount
of compensation.
(3) Judge may decide for an alternative way of compensation in addition to
or instead of a payment or may decide that it suffices to denounce the
violation and decide to reveal it by the means of press.
Those who are prosecuted under Law on Radio and TV Num. 3984
“Nothing happens all of a sudden. First they made the call for prayer (ezan)
made in Arabic. Then they said ‘we would bring the caliphate if you wanted’,
you thought it was democracy. Then came an avalanche of Koran courses and
religious high schools. Religious classes were made compulsory. Headcsarves and
veils increased, the number of mosques exceeded the number of schools, you
thought it was freedom of belief. They intervened in the dress codes. Thos who
did not fast got killed, you were surprised. Then they burnt alive and shot
scientists and writers. They tore apart MPs and journalists. They burnt poets
and dancers. You were puzzled over who did it. They will finaly knock at our
doors.” (The sentences considered to be against Statue 3894 by Radio and
Television Higher Board (RTUK) for which RTUK closed down Radio Ä°maj for one
month, in fact Radyo Ä°maj had already been indefinitely shut down by RTUK. The
words referr to Sivas massacre and are qouted from a book published by The
Literature Association in 1994).
Law 3984 article 4 (b): “Preventing broadcasting which instigate the people
to violence, terror, etnic discrimination, or instigate the people to hatred
and hostility on grounds of difference in social class, race, language,
religion, sect, or region.”
Statements violating articles 214 and 217 of TPC:
31. When problematic laws are drafted and passed through the parliament
we as a society make little sound. When implementation brings convictions,
then recations incerase but it is too late. Once the supreme court approves a
bad decision then it becomes common law for the rest of the cases. Then it
takes years’ of struggling to correct it. This time do not let it happen that
way, lets move faster this time and lets conciously and voluntarily violate
those articles of TPC which restricts thought and expression. We invite all to
take part in this civil disobedience.
TPC article 214: (1) Those who publicly instigates to committing crime shall
be punished with a prison sentence of between 6 months and 5 years.
TPC article 217: (1) Those who
Publicly instigate the people to disobey laws in a way to distrupt the
public peace shall be punished with a prison sentence of between 6 months and 2
years or with a fine.
(Article 218: If the offences decribed in the above articles are committed
by the means of press and media the punishment shall be incerased by half.)
I undersign this text with my free will, knowing the meaning and possible
consequences of it.
I am noting that I do not share some of the above statements. The numbers of
those statements that I do not agree are as follows:
…………………………………. ………..
Name and Surname:
Profession, title:
Date and signature:
Address:
Telephones:
E-mail:
INITIATIV E FOR FREEDOM OF EXPRESSION
Nacak Sok. 21/11 34674 Uskudar Ä°STANBUL
Tel.: +90 216 492 0504
Faks: +90 216 532 7545
E-Posta: [email protected]
Rising nationalism cause of ruin in human rights in 2005
Seeking either humanity or human rights is in vain in a country where both
ethnic and religious nationalism have been rising, according to prominent
professor of political science Baskın Oran, who drew up a report reviewing and
analyzing developments in the human rights field in Turkey.
The report, titled “Turkey — Balance Sheet of Human Rights; 2005 Monitoring
Report,” is the product of a project on constitutional citizenship and
minority rights as part of a democratization program being conducted by the
Istanbul-based Turkish Economic and Social Studies Foundation (TESEV).
“There is no point in seeking humanity and human rights in a place where
there is an alarming ideological escalation in both ethnic and religious
nationalism,” Oran, of Ankara University’s Political Sciences Faculty, said on
Wednesday in an interview with the Turkish Daily News ahead of a press conference
in Istanbul on Thursday at which he and Etyen Mahcupyan, director of TESEV’s
democratization program, launched the report.
The 71-page report drawn up by Oran is not solely a standard collection of
data on last year’s developments, as Oran portrays in the report the
historical and societal roots of the understanding — actually more than that,
misunderstanding — of the human rights concept in Turkey.
However, Oran noted the importance of having healthy data on the human
rights issue while also urging readers on a simultaneous reading of his report
together with other annual human rights reports by nongovernmental
organizations.
“The lack of 100 percent credible knowledge of data on human rights is an
Achille’s heel for human rights defenders in Turkey. So they have to come
together and unify their efforts and knowledge to create a database for struggling
with the disgrace called the “crime of thought’ in Turkey,” he said,
referring to the situation of freedom of speech and statement in the country.
Unbelievable ethnical Turkish nationalism escalated in Turkey in 2005, and
this fact has penetrated even the judicial system, Oran believes. He revealed
two reasons for this situation: reactions in Turkey against globalization and
armed Kurdish nationalism — armed attacks by the outlawed Kurdistan
Workers’ Party (PKK).
“In 2004, there was a widely shared assumption and expectation that the
atmosphere which was earlier dominated by religion and nationalism had been
replaced by a human-centered atmosphere in Turkey. But it seems that we could not
pinpoint the two reasons that caused the rise in ethnic Turkish nationalism
and thus we experienced a very bad and saddening year for human rights,” Oran
said.
Last year many journalists, academics and authors faced prosecution under
Article 301 and Article 216 of the new Turkish Penal Code (TCK), which went
into effect in June. Article 301 covers the offense of “insulting Turkishness,”
while Article 216 covers the offense of “inciting people to hatred.”
The Turkish public became accustomed to faces that were not so familiar to
society before these sorts of trials. For example, one of them, Kemal
Kerincsiz — who defined himself as a “nationalist lawyer” — was seen as a
co-plaintiff in almost all of these cases, which have started to end up with either
the acquittal of the defendants or the dropping of the cases by the judges.
One of them was Oran himself. Court proceedings began last month for Oran
and Professor Ä°brahim Kaboglu, charged with inciting hatred in a report on
minority rights in Turkey. The authors of the 2004 government-ordered report,
Kaboglu and Oran, face up to five years in prison if convicted.
Internationally acclaimed novelist Orhan Pamuk faced similar charges under
Article 301; however, the charges were dropped in a recent court decision.
Without giving names Oran emphasized that some citizens acted as
denunciators in these cases and that they then also wanted to be co-plaintiffs, a demand
that was not rejected by judges.
“These denunciator and co-plaintiff citizens used the penal code against the
spirit of law,” Oran briefly told the TDN.
Nevertheless, Oran also noted that such moves backfired as the judicial
system eventually reacted to these types of cases and started dropping
accusations or ruling for the acquittal of defendants.
“They misused Article 301 to such an extreme that the judicial mechanism
reacted,” Oran said.
“We believe the year 2006 will be a much better year than last year for
human rights, that is to say, we believe that humans will be much more
respected.” (Turkish Daily News – Emine Kart, March 24, 2006)
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