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The Rapid Action Network (RAN) was founded by the Writers in Prison Committee of International PEN in 1991. Twenty-three PEN Centers from all regions are currently participating in the network. Its purpose is to alert its members as rapidly as possible to disturbing developments affecting the welfare of writers and journalists around the globe, and to encourage them to respond instantly by writing an appeal and passing the information on to their contacts.

Distributed by e-mail, each alert gives members the confirmed facts of the case; a paragraph stating clearly what PEN's concerns are about the case; a sample appeal; and the address or fax numbers to which appeals should be addressed. PEN Members who sign up to receive RAN alerts are asked to respond to at least one bulletin per month.


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RAPID ACTION NETWORK

June 10, 2004

RAN 28/04

Turkey: Journalist Imprisoned for “Insult to Ataturk”


The Writers in Prison Committee of International PEN is surprised by the news that journalist Hakan Albayrak was sentenced to 15 months in prison, of which he will have to serve five months, for “insulting Ataturk”. PEN considers the sentence to fly in the face of international standards that guarantee the right to freedom of expression, and calls for the journalist to be immediately and unconditionally released.

Hakan Albayrak, a former journalist for Milli Gazete, was sentenced by the Supreme Court of Appeals on 20 May 2004 under a 1951 law that provides one to three years in prison for “insults to the memory of Ataturk”. The sentence can be doubled if the “crime” is carried in the press. Albayrak will serve the sentence at Kalecik Prison, Ankara. Mehmet Terzi, the newspaper’s then editor-in-chief was also sentenced to a 15-month prison term, reduced to a fine.

The convictions arose from a phrase in an article by Albayark published in 2000 entitled “A Funeral Prayer”. In the article, Albayrak criticised the recital of prayers at the funeral of writer Mina Urgan, a well known atheist, and compared it with the funeral of Ataturk. The contentious phrase was: “Mustafa Kemal Pasha was buried without a funeral prayer. And neither the State nor the public was disturbed by this”. According to press reports, Albayrak wrote a subsequent article in which he claimed that he had been misinformed about Ataturk’s funeral and apologised for any offence he had caused.

International PEN is surprised by the ruling which comes at a time when the Turkish government has made significant efforts towards redressing its previously poor human rights records through legislative reforms. In recent months the numbers of persons convicted to prison terms for their writings has declined dramatically. However the fact that legislation remains in place that not only penalises certain types of free speech, but also carries prison terms suggests that there is some further way to go before Turkish state can be considered to have full respect for the right to freedom of expression.

Please send appeals:

  • Expressing surprise at the sentence against Hakan Albayrak;
  • Calling for his immediate and unconditional release; and
  • Urging that there be further review of Turkish legislation with the aim of removing from Turkish law any remaining laws that can lead to the imprisonment of writers and journalists solely for the practice of their right to freedom of expression.

Appeals to:

Prime Minister Recep Tayyip Erdogan
TC Easbakanlik
Bakanlikir
Ankara, Turkey
Fax: + 90 312 417 0476

Cemil Cicek
Minister of Justice
TC Adalet Bakanligi
Ankara, Turkey
Fax: + 90 312 417 3954


June 10, 2004

Prime Minister Recep Tayyip Erdogan
TC Easbakanlik
Bakanlikir
Ankara, Turkey
Fax: 011 90 312 417 0476

Cemil Cicek
Minister of Justice
TC Adalet Bakanligi
Ankara, Turkey
Fax: 011 90 312 417 3954

Your Excellencies,

As one of the 2,700 writers who are members of PEN American Center, I am writing to express my concern over the 15 month prison sentence handed down to journalist Hakan Albayrak, of which he will have to serve five months, for insulting Ataturk. I understand that Albayrak was sentenced by the Supreme Court of Appeals on May 20, 2004 under a 1951 law that provides one to three years in prison for insults to the memory of Ataturk.

I respectfully ask for the immediate and unconditional release of Hakan Albayrak and for a review of Turkish legislation with the aim of removing any remaining laws that can lead to the imprisonment of writers and journalists solely for the practice of their right to freedom of expression.

Thank you for your attention to this matter.

Sincerely,

(Your Name and Signature)