Prosecuted for "insulting the state"

On its way to the USA

[Reprinted from Issues & Views October 8, 2001]

It should certainly come as no surprise that there is no Bill of Rights in Turkey. And, although Freedom House, in its recent evaluation of press freedom around the world, declared Turkey "partly free," journalist Burak Bekdil would probably put the emphasis only on "partly." In August, Bekdil wrote a semi-serious, semi-satirical commentary in the Turkish Daily News, in which he described what is generally common knowledge in the country--that Turkish courts and their judges should be avoided by the average citizen at any cost. This is what happened to Bekdil as reported by the Freedom Forum:

Last week, Turkish journalist Burak Bekdil learned that he faces possible trial for an article deemed to be "insulting to the state and its institutions," according to the London-based Writers in Prison Committee of International PEN.

[Bekdil wrote]: "An ordinary Turk would probably have one in a million chance for a fair trial if he is foolish enough to trust Turkish courts and judges. And worse, if in search of justice he dares to complain about a verdict--or a judge--that would only add to his nightmares. Many people think Turkey's most untouchable class is its generals. Oh, no, never underestimate its judges." The light-hearted commentary goes on to offer 14 suggestions "for those who are brave (or crazy) enough to seek justice at a Turkish court," starting with "think twice before taking a dispute to a court unless you have the 'necessary connections.' "

It ends with "Never file a complaint against a judge--although you can theoretically do that. The Justice Ministry's department for complaints against judges and lawyers would ask you if you have solid evidence--something like a photo of your judge taking bribes."

Bekdil was called to the state prosecutor's office on Sept. 26 and was informed that he would be charged under Article 159 of the Turkish Penal Code ("insult to the state and its institutions") for his column, and that conviction carried a maximum prison term of six years. He was also told to expect a formal arrest warrant, after which he may be imprisoned, pending trial. The Turkish Daily News also may be prosecuted.

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