Weekly Magazine Nokta Tried Under Article 301

The weekly magazine Nokta was forced to close last month. It now faces a court case under Article 301 for an interview with security expert Lale Sariibrahimoglu and a follow-up article, both of which criticised the involvement of the army in domestic affairs.

Ahmet Sik, the reporter conducting the interview, and Lale Sariibrahimoglu are being tried at a penal court in Bakirköy, Istanbul. The prosecution is demanding up to 3 years imprisonment.

There had been discussions about changing the controversial Article 301, but in the current election fever, the government has quietly let the issue drop. Thus it still serves the purposes of the Armed Forces' General Staff and the General Command of the Gendarmerie.

Questioning the army is not legitimate

Journalist Ali Bayramoglu from the "Yeni Safak" newspaper commented that Article 301, which was formerly Article 159, allows for the demonstration of authority in a legal framework. He evaluated the latest trial under Article 301, saying that as long as the activities of the Nokta magazine met with army antagonism, the army would try to prevent the questioning of army institutions.

Particularly in the light of the recent warning to the government which the General Staff published on its website, Bayramoglu considers this trial a sign of more authoritarian behaviour on the part of the army.

Prosecution comes as a surprise

When journalist Sik appeared at court today to give a statement, he was notified by prosecutor Hasan Basri Zamanis that he was being prosecuted, based on a complaint by the General Command of the Gendarmerie. He and Sariibrahimoglu are accused of "decreasing the respect for the army among the people" and "denigrating the state's armed forces".

Sariibrahimoglu: All institutions need to be "cleaned"

In her interview, Sariibrahimoglu had commented on the pictures that emerged in the press after journalist Hrant Dink 's murder, and her comments are being used as the basis for the prosecution. The young man accused of shooting Hrant Dink was photographed as a hero at the police station, and many policemen and officers wanted their photos taken with him. Sariibrahimoglu had commented that "while the policemen were taken off active duty, the soldiers were only transferred to other places. If we look at this scenario, it is not just a case of protecting personnel, but of protecting a mentality. ...The Dink investigation has shown once more that all three institutions (here she is referring to the police, the army and the gendarmerie) are in need of cleaning up".

According to the BIA Medya Observation Desk, around 100 people have been tried under Article 301 in the last two years.