TCK Protects the State Not Media

KurdishMedia, UK
Oct 5 2004

TCK Protects the State Not Media

05/10/2004 Bianet.org – By Erol Onderoglu

The improvements brought about by [Turkey’s]harmonization regulations
to articles on “dangerous provocation” and “insulting the state,”
have been kept in the new TCK [Turkish Penal Code]. But the new law
brings about new crimes for the media members including Internet
reporters.

BIA (Ankara) – The new Turkish Penal Code (TCK), which is still
awaiting approval by the president, is likely to result in serious
practical problems, although it encompasses some improvements on the
freedom of media and expression.

The improvements brought about by harmonization regulations to
articles 312 and 159 of TCK on “dangerous provocation” and “insulting
the state,” have been kept in the new version. But the new TCK
expanded the channels through which the members of the media can be
legally charged.

Regulations on “encouraging for committing suicide,” “confidentiality
of communications,” “insult,” “the confidentiality of private life,”
“crimes against social peace,” “obscenity,” “affecting prices,”
“crimes against the court,” “genital examination,” “putting people
off from serving in the military,” “acting against basic national
interests,” and “state secrets,” may be used as examples.

“Insulting” state officials

For example, article 125 on “insult,” states that “an individual who
hurts one’s honor, dignity and reputation, will be sentenced to three
months to two years in prison or handed a fine.” Section 3/a of the
same article includes a regulation, which would affect publications
or broadcasts in criticism of a state official because of their jobs.

Accordingly, the minimum sentence for committing this crime “against
a state official because of his/her post,” is a year in prison.

Internet is in TCK

While the implementation of these regulations are awaited, Internet
reporting, which the TCK defines as new media, may lead to problems
in implementation due to a lack of technical, corporate and legal
shortcomings.

Under the title, “Crimes in the Information Technologies Field,”
there is a list of crimes including, “Penetrating into information
technology system,” “hindering or disrupting information technology
systems, and erasing or changing data.”

Fine under Press Law, prison sentence under TCK

In contrast to the Press Law, which states prison sentences may be
commuted to fines with few exceptions, the new TCK brings about
increased prison sentences for the media members. For that reason,
TCK and the Press Law reflect a different psyche and mentality.

For example, article 19 of the Press Law No: 5187 states that
“individuals who publish opinions on a judge or court proceedings
while the court trial is still continuing and before a ruling has
been made,” will be fined 2 billion Turkish liras (USD 1,300) to 50
billion Turkish liras (USD 33,300). The fine may not be less than 10
billion Turkish liras (USD 6,700) in regional broadcasts and 20
billion Turkish liras (USD 13,300) in widespread broadcasts.

However, article 288 of TCK on “attempting to influence a fair trial”
envisages a “prison sentence from six months to three years.”
Paragraph 2 introduces a heavier sentence for “media organizations.”

15 years in prison for acting against “basic national interests”

Under paragraph 8 of article 220 on “setting up an organization with
the aim of committing a crime,” individuals disseminating propaganda
for an organization or its goals, are sentenced to a year to three
years in prison. The prison sentence is scaled up by half when the
propaganda is made through by media organs.

Another article that was being criticized during the drafting period
was article 305 on “acting against basic national interests.”

This article, aimed at being used to convict people for defending,
for example, the withdrawal of Turkish troops from Cyprus, or for
recognizing the Armenian genocide, was approved by the parliament.

Under this article, individuals who get financing from foreign
individuals or institutions either for him/herself or for someone
else, with the aim of acting against basic national interests, will
be sentenced to three years to ten years in prison and a fine.

If the “financing is received or promised for disseminating
propaganda through the media,” the prison sentence is scaled up by
half.

“Putting people off from serving in the military”

The article on “putting people off from serving in the military,”
which has caused controversy in the past, has not been removed from
the TCK. Under article 318, “individuals who act, inspire, or suggest
things that would put people off from serving in the military, will
be sentenced to six months to two years in prison.” The sentence is
scaled up by half if committed through the media.

Paragraph 2 of article 133 on “listening to and recording people’s
conversations,” states “an individual can be sentenced up to six
months in prison or fined, for secretly recording a conversation
between others without their consent.” Under paragraph 3, the
sentence is scaled up by half for members of the media. (EO/YS/EA/YE)

CIS defense/security commission to meet in Yerevan

ITAR-TASS, Russia
Oct 5 2004

CIS defense/security commission to meet in Yerevan

YEREVAN, October 6 (Itar-Tass) – The permanent commission for
defense and security of the CIS Inter-parliamentary assembly will
meet in the Armenian capital on Wednesday to discuss defense
cooperation and the fight against terrorism.

Simultaneously, the chairpersons of the CIS parliamentary commissions
for defense will gather for a conference here.

The participants in both forums will meet with Armenian President
Robert Kocharyan and head of Armenia’s Apostolic church Catholicos
Garegin II.

Yerevan’s University Honors Bulgaria’s President

Novinite, Bulgaria
Oct 6 2004

Yerevan’s University Honors Bulgaria’s President

Bulgaria’s President Georgi Parvanov will receive the Doctor Honoris
Causa academic title of the Yerevan’s State University.

Bulgaria’s President Georgi Parvanov will receive the Doctor Honoris
Causa academic title of the Yerevan’s State University later on
Wednesday.

During the second day of his visit to Armenia Parvanov will lay a
wreath at the Monument of the victims of the Armenian genocide. He
will also visit the “Peyo Yavorov” school, where he will meet
representatives of the Bulgarian community in Armenia.

President Georgi Parvanov is at an official visit to Armenia October
5-7, to be followed by a two-day stop at Azerbaijan October 7-8.

Parvanov is scheduled to confer with counterparts and other state
officials, together with the Transport and Communications Minister
Nikolai Vassilev and the mayors of several cities who accompany
him.Business forums and bilateral agreement signing ceremonies are
also on the agenda of the visit.

Artist brings color to walls of Civic Arts Plaza garage

Ventura County Star, CA
Oct 6 2004

Artist brings color to walls of Civic Arts Plaza garage

By Grace Lee, [email protected]
October 6, 2004

In the corner of the Thousand Oaks Civic Arts Plaza parking
structure, world renowned artist Hakob “Jack” Jambazian studied a
wall awash in colors Tuesday.

For about a week, Jambazian has been transforming an interior wall of
the parking structure with a mural of reds, blues and yellows. In the
center of the wall, the figure of composer raises his arms in fluid
lines above a score. Ballet dancers hold their poses; musical notes
scroll across the wall.

“When you come from the theater, in the corner you can see two
figures, a composer and ballerina,” Jambazian said.

The Armenian-born artist has a body of work that includes
restorations of oil paintings, stained glass and engravings all over
the world.

He designed and executed the engraving of the angels on the glass
doors of the donor wall at the Cathedral of Our Lady of the Angels in
Los Angeles. He also restored all of the antique European stained
glass panels brought from the original cathedral.

Surrounded by ladders beside the stairwell, Jambazian was making
progress on a mural aimed at both adding beauty near the city’s
cultural and civic center and raising money as well.

Harry Selvin, a board member of the Civic Arts Plaza Foundation,
worked for about eight years on a plan to create murals throughout
the structure. It was his hope that patrons of the arts would finance
individual pieces of artwork and make a donation to the foundation.
In return, the donors would receive recognition for their
contribution.

“I came up with the idea of putting murals on the walls when I saw
the freeways and their gorgeous murals. And it gave me the
inspiration to suggest we do it at our theater,” Selvin said.

Getting to this point was a major challenge, Selvin said.

“I don’t think anybody could visualize what this would be or how to
do it. Many of them looked at the idea and said it was really nice.
But that’s as far as it went,” he said.

Finally, with the 10th anniversary of the Civic Arts Plaza to be
celebrated later this month, Selvin decided to tackle one of the
biggest challenges.

“I found a sponsor to pay for it. That was me,” he said. He declined
to say how much it cost him to hire an internationally known artist,
but he said he hoped the mural would inspire others to commission
portions of the structure.

His plan is to invite local artists to submit renderings to the
Alliance for the Arts, the financial arm of the foundation. The
foundation would then offer potential patrons to sponsor works.

The mural will likely be completed in about six weeks.

“It’s just starting to go up and I think it’s absolutely phenomenal,
just incredible,” Selvin said. “When the theater clients and the city
hall clients park their cars and to in and out, they will be
absolutely thrilled and inspired and motivated.”

Tom Mitze, director of the city’s theaters department, said the
unfinished mural has already drawn attention.

“It’s amazing. Everyone’s stopping and looking at it and commenting,”
he said. “It was just a concrete wall.”

From: Emil Lazarian | Ararat NewsPress

ANKARA: Reactions Of Business Circles To E.U. Report

Turkish Press
Oct 6 2004

Reactions Of Business Circles To E.U. Report

ISTANBUL/ANKARA – Turkish business circles assessed the Progress
Report of the European Commission about Turkey which was published
today.

Turkish Industrialists’ and Businessmen’s Association (TUSIAD)
released a statement and said, ”a historical progress was recorded
in relations between Turkey and the European Union (EU) with the
report.”

”Turkey, which advances on negotiation process with the EU, will
have important political, economic and social contributions to the
future of Europe,” said the statement.

TUSIAD said, ”the decision is a test for the EU in the aspects of
political maturity and democratic ethic.”

Meanwhile, the Independent Industrialists’ and Businessmen’s
Association (MUSIAD) Chairman Omer Bolat said regarding the report
that according to the expressions in the report, full membership
seemed to take a long way for Turkey.

”Turkey enters a new process but full membership is not close,”
added Bolat.

Bolat said, ”the EU pursued its unwillingness and double standards
about Turkey.” He added, ”foreign policy of Turkish government
should not be indexed only to the EU.”

Meanwhile, Ankara Chamber of Commerce (ATO) Chairman Sinan Aygun said
regarding the report that details in the report were not known.

”They say ‘we make you EU member but we will not permit you to move
within the EU’. It is like an invitation of someone to a meal but not
allowing him to eat. I think this attitude is wrong. They present
special status as if it were a normal condition. Which of the EU
members do not have free movement permit?” said Aygun.

Aygun said, ”they say there are many missions to accomplish. What
will happen about Cyprus, Aegean, southeast, minority and human
rights issues? Will they ask us to accept so-called Armenian
genocide? Will they ask us to open a seminary? We cannot see them
clearly.”

Athens: EU Parl. Majority Accepts Proposal on Turkey’s Access Negot.

Athens News Agency, Greece
Oct 7 2004

EU Parliament majority accepts Commission proposal on Turkey’s
accession negotiations

The majority of the political parties participating in the EU
Parliament responded positively to the European Commission’s proposal
regarding the beginning of EU accession negotiations for Turkey
during a parliamentary session held here on Wednesday.

Head of the European People’s Party (EPP) Hans-Gert Petering said
that the EPP – although there are divergent opinions within the party
– agrees that if Turkey becomes an EU member then it will be
different in terms of geography and living standards than what it is
today. The EPP recognises the efforts Turkish Prime Minister Tayyip
Erdogan has made to date, but emphasised that much still needs to be
done. He also criticised the EU’s Commissioner for Enlargement
Guenter Verheugen for recently saying that torture is not carried out
in Turkey on a regular basis.

Petering said that members of the EPP insist that if negotiations
begin the result must be open-ended: either full accession or no
accession, adding that it would be good to include the possibility of
establishing a privileged alliance with Turkey. Additionally, even if
Turkey does not become an EU member, this would be no excuse for the
halting of democratic reforms, he said.

Martin Schultz, head of the Socialist Group is also in favour of
negotiations for Turkey’s EU membership to begin, pointing out that
this does not necessarily guarantee accession. He said that if a
Muslim community could consider the European Union their union, then
the foundations for peace in the 21st century will be set.

Schultz also emphasised that progress checks surrounding the
criteria Turkey must meet should be conducted frequently, and said
that if reforms were not proceeding smoothly then negotiations should
be suspended.

Head of the Alliance of Liberals and Democrats Graham Watson said
that the majority of his party approved of the European Commission’s
proposal for negotiations to begin, but there are many who doubt
Turkey. He added that a conflict of culture must be avoided but also
noted that Turkey must make some dramatic changes (ie., human rights,
respect for the rule of law, opening up of the economy). He stressed
that the beginning of negotiations does not necessarily mean a happy
ending. Watson also emphasised that the EU must treat Turkey in the
same way as any other country-candidate, but that protection of human
rights in the country must be closely monitored.

Daniel-Kohn Bendit, head of the Group of the Greens, was more
positive, supporting the beginning of negotiations, without placing
emphasis on the possibility of a failed accession attempt.

Francis Wurtz of the European United Left was also supportive of
Turkey’s European potential, saying that Turkey’s EU accession could
serve as a bridge between the West and the Middle East, contributing
to establishing peace in a region plagued by “war and chaos”. He also
said that using Turkey as a scapegoat would be a mistake, but
acknowledged that there are a series of issues Turkey must resolve.
These include certain clauses of the new penal code, which according
to Wurtz, pose a threat to freedom of expression; the Turkish
occupation forces in Cyprus and the Turkish authorities’ refusal to
recognize the Armenian genocide.

Jens Peter Bonde of the Independence/Democracy Group opposed
Turkey’s EU prospects, stressing that Turkey’s values are not in line
with those of the EU. Instead, he suggested that in 2009 – and once
the EU constitution is in place – the EU can establish an open and
flexible cooperation with Turkey.

From: Emil Lazarian | Ararat NewsPress

BAKU: Armenia postpones talks on Upper Garabagh conflict

Azer News, Azerbaijan
Oct 7 2004

Armenia postpones talks on Upper Garabagh conflict

Yerevan has put forth an initiative to postpone the talks over the
Upper Garabagh conflict after the meeting of Azerbaijani and Armenian
Presidents in Astana. Commenting on the matter, Azeri Deputy Foreign
Minister Araz Azimov confirmed the fact that the

Armenian side had requested a delay to analyze the outcome of the
negotiations held thus far. It is not clear yet when the talks will
continue, he said. Azimov said there is no need for a meeting of
Azerbaijani and Armenian presidents’ special envoys, as all issues
related to the conflict settlement are discussed during regular
meetings of the two countries’ foreign ministers. At the Astana
summit Azerbaijan called on Armenia to recognize its territorial
integrity and withdraw its armed forces from the occupied lands.

Azimov stressed that the Azerbaijani government is ready to ensure
the security of the Armenian community in Upper Garabagh if Armenia
accepts the terms put forward by Azerbaijan.

Turkey’s mediation
Azerbaijani, Turkish and Armenian Foreign Ministers did not meet in
New York, as expected, but such a meeting may be held in the
foreseeable future. Azeri Foreign Minister Elmar Mammadyarov said the
meeting was postponed for technical reasons and it will now depend on
Turkey whether or not it will take place. Turkish Foreign Minister
Abdullah Gul said his country would continue making efforts to ensure
the talks continue and a trilateral meeting is held. Although the
three ministers did not meet in the United States, the Turkish
Foreign Minister held bilateral meetings with his Azerbaijani and
Armenian counterparts. Ways of settling the Upper Garabagh conflict
and the role of the United Nations in this process were discussed.
During his meeting with Armenian Foreign Minister Oskanian, Turkish
Minister Gul took interest in the results of the meeting held by the
Azeri and Armenian presidents in Astana.

BAKU: Military exercises would be useful – US official

Azer News, Azerbaijan
Oct 7 2004

Military exercises would be useful – US official

The US Assistant State Secretary on political and military issues
Lincoln Blumfield said in a meeting with Foreign Minister Elmar
Mammadyarov on Monday that US-Azeri military exercises would be
useful.

He also gave a high assessment to Azerbaijan’s support for the USA in
fighting terrorism. Mammadyarov said Azerbaijan attaches a particular
importance to its partnership with the United States and pointed out
the assistance provided by Azeri peacekeepers in Iraq, Afghanistan,
and Kosovo. He also voiced a hope that the OSCE Minsk Group would
step up its efforts at settling the Armenia-Azerbaijan conflict over
Upper Garabagh.

Blumfield pointed out the tensions caused by the conflict in both
countries and pledged that the USA would continue making efforts to
resolve the problem.

From: Emil Lazarian | Ararat NewsPress

Eastern Prelacy Offers Five Session Course on the Armenian Liturgy

PRESS RELEASE
Eastern Prelacy of the Armenian Apostolic Church of America
138 East 39th Street
New York, NY 10016
Tel: 212-689-7810
Fax: 212-689-7168
e-mail: [email protected]
Website:
Contact: Iris Papazian

October 7, 2004

Eastern Prelacy Offers Five Session Course on the Armenian Liturgy

NEW YORK, NY-What is the Soorp Badarak (Holy Liturgy) all about? What is it
for? Who needs it? What is its function in our lives? How do we get the most
out of it? What are the conditions to participate in the Badarak?

These and similar questions will be addressed in a five-session course on
the Soorp Badarak at the Eastern Prelacy of the Armenian Apostolic Church
(138 East 39th Street, NYC), sponsored by the Armenian Religious Education
Council (AREC).

Classes will be held on the first and third Mondays of the month starting
October 18, 2004, from 7:15 to 8:45pm. Dn. Shant Kazanjian, the Executive
Director AREC, will teach the classes. Registration is required. For more
information and registration, please visit the Prelacy website at
, or contact the AREC office
at 212. 689.4481 or [email protected].

http://www.armenianprelacy.org
http://www.armenianprelacy.org/soorpbadarak.htm

Who killed Joshua?

Pioneer Press , MN
Oct 7 2004

Who killed Joshua?

Mother and two brothers going to Armenia to look for answers to
4-month-old crime

BY ALLEN POWELL II
Pioneer Press

Last May, Joshua Haglund was beaten and stabbed to death in front of
his apartment in Armenia after returning from a visit with a friend.

After four months and little new information about how the
33-year-old died, members of his Shoreview family will leave today on
their first visit to Yerevan, Armenia’s capital. They hope to find
answers and closure.

“Even if it’s good news or bad news, we’d like to know,” said his
mother, Maxine Haglund-Blommer. “We’re frustrated, disappointed.
Sometimes we get angry and mad. It’s just sad that my son never came
back.”

James Haglund, Joshua’s brother, said the family feels stymied by
both Armenian and U.S. State Department officials. Neither government
has offered much information about the killing of Haglund, who died
while working as an English teacher at a Yerevan university.

The teaching program was funded by the State Department but run by
the School for International Training.

Haglund was beaten the night of May 17 outside his downtown apartment
and stabbed three times.

Armenian officials have never contacted the family directly, and the
only new information about the case has been gleaned through reports
from Armenian newspapers and rumors from Joshua’s friends in Armenia,
said James Haglund, who will fly to Armenia with his mother and a
brother.

“We haven’t seen a police report, autopsy – basic information,” James
Haglund said from his mother’s home in Shoreview. “We’re told this is
a highest priority to the Armenian officials, but we’ve had no direct
contact with them. I think it’s a lack of closure and that’s a very
important part of our healing process.”

Kelly Shannon, a spokeswoman for the Bureau of Consular Affairs in
the State Department, said officials have issued weekly reports to
the family including all information available. They also paid for
the return of Haglund’s body and personal effects, and they helped
arrange the family’s trip to Armenia.

The State Department spokeswoman stressed that local police are
handling the case.

“We can’t make the outcome of the investigation different,” Shannon
said. “Just like in the United States, some crimes remain unsolved
when police cannot go past a certain point.”

Haglund-Blommer said the family simply hopes police will explain to
them how her son died.

The family plans to stay in the country for 10 days. They expect to
meet with the Yerevan prosecutor investigating the case and police.
James Haglund said the family also plans to meet with Joshua’s
co-workers and friends, and they hope their presence will prompt
someone to come forward with new information.

In addition, James Haglund said his family has come to suspect that
the killing could be linked to that fact that Joshua was gay. Haglund
said the family has learned that there is hostility toward gays in
Armenia, something they say Joshua was unaware of when he left for
his fellowship.

As recently as 2002, there was a law banning homosexuality, and in
1999 several people were convicted. Haglund said the State Department
should have alerted his brother to the potential dangers he faced.

Haglund said his brother never expressed fears for his life nor
mentioned any overt anti-gay actions directed at him while he lived
in Armenia.

Joshua Haglund was a graduate of Mounds View High School and earned
bachelor’s degrees in English and political science from the
University of Minnesota. He later received a master’s degree from the
University of Toronto and taught elementary school in Minneapolis.

Haglund was fluent in Japanese, Spanish and Hindi and taught English
courses in several countries. He was planning to travel to a new
assignment in the Middle East when he was killed.

TO HELP

The family of Joshua Haglund has set up a memorial fund to help
continue the education effort he championed. Donations may be made to
Joshua’s Memorial Fund (Joshua Haglund) at Affinity Federal Credit
Union, 3533 N. Lexington Ave., Arden Hills, MN 55126.