SLANDER IS ALLOWED AGAINST AGOS WRITERS!
Agos Weekly
=news&news_id=1442&cat_id=1
Feb 21 2010
Istanbul
One of our columnists, Professor Baskın Oran, had filed a court case
for non-pecuniary damages against Ergenekon suspect Mustafa Balbay,
after he called Oran "bought out" in a comment on a television program.
The decision for compensation, granted by the Ankara 16th Court of
First Instance, was overruled unanimously by the Court of Appeals’
4th Chamber. The Court of Appeals based its decision on Professor
Oran’s writing for Agos. In the decision it was said that calling
someone "bought out" is a normal reaction and should be considered
freedom of the press.
The court proceedings
Professor Baskın Oran was invited to Oxford University’s St. Anthony’s
College to give six lectures on Turkey between October and December
2006.
While Oran was in England, on the "Ankara Winds" program hosted by
journalists Mustafa Balbay and Emin CölaÅ~_an on November 26, 2006,
Emin CölaÅ~_an referred to foreign nations saying "under the auspices
of freedom of expression, they are giving money that contributes
to the division of Turkey, financially and spiritually," to which
Balbay replied: "This is a very important situation… Spiritually
and financially, buying out Turkish intellectuals, journalists and
authors is a serious strategy. I met with some of these people and
I thought they were completely different people. How did they become
this? Now, one of these people receiving special training in England
is, and I will give the name if necessary, I do not like polemics but
I will give his name, Professor Baskın Oran. He is receiving special
training in England right now. Upon his return, I want to ask how…"
Oran filed a court case based on the remarks made in the program. The
Ankara 16th Court of First Instance concluded on May 6, 2008 that
based on Article 49 of the Law, Mustafa Balbay should pay 3.500 TL
compensation for non-pecuniary damages.
The Court of Appeals’ 4th Chamber overruled the decision on November
5, 2009, interpreting Mustafa Balbay’s words as a reaction to Oran’s
writings in Agos on the Armenian question. The reasoning of the Court
of Appeals included the following arguments:
"It is understood from the content of the file that the claimant
writes for Agos newspaper on the Armenian question and conducts
academic work abroad. When the publication in question is viewed as
a whole, it is concluded that the subject of the case is words that
were spoken in line with the context of the day and in reaction to
the claimant’s writings in Agos newspaper. If the claimant can freely
express his opinions as an academic, he has to bear the reactions to
these thoughts, even when they are fierce. When the articulations of
the defendant are taken as a whole, it is concluded that the words
spoken about the claimant remain within legal protection and do not
constitute libel."
KUTUUU Baskın Oran:
"There can be no bigger slander"
Speaking to Agos, Baskın Oran said: "There can be no bigger slander
in Turkey. One cannot be made a more open target. This is exactly the
same situation as the one where Hrant Dink was made a target and later
murdered with the ‘poisoning the Turkish blood’ concept. I am branded
"bought out" and being made a target for writing for Agos newspaper.
In fact, what this decision says is that everyone writing for Agos
deserves this sort of slander. We will not let this drop. First we
will file a complaint about the Court of Appeals Chamber. If we don’t
achieve results, we will head to Strasbourg."
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