ALTUĞ TANER AKÇAM v. TURKEY JUDGMENT
7
investigations to continue in 37 statements made by a Turkish writer on the Armenian
issue shortly after the assassination of the Turkish journalist of Armenian origin,
Hrant Dink. Furthermore, there is legal uncertainty as regards cases which had been
granted authorisation by the Minister of Justice under the former Article 159 of the
Turkish Criminal Code”.
31. The applicant highlighted examples of post-amendment Article 301
cases with specific reference to the Armenian issue. He noted that in
October 2008 the Ministry of Justice had authorised the continuance of the
trial of Temel Demirer for stating that Hrant Dink had been killed not only
for being an Armenian, but also for raising the issue of genocide. Another
example was Ragıp Zarakolu’s conviction and sentencing on 17 June 2007
to five months’ imprisonment (subsequently commuted to a fine) under
Article 301 for translating and publishing a book about the Armenian
genocide entitled “The Truth Will Set Us Free”, written by George Jerjian.
32. Furthermore, according to the United States Department of State’s
2008 Human Rights Report on Turkey, the Minister of Justice himself (Ali
Şahin) also made a statement that could be interpreted as instructions to the
judiciary: “I will not let someone call my state ‘murderer’. This is not
freedom of expression. This is exactly what the crime of insulting the
person of the state is.”
33. The applicant also submitted a report published by the Media
Monitoring Desk of the Independent Communications Network, for the
period of July-August-September 2008. According to this report a total of
116 people, 77 of whom were journalists, were prosecuted in 73 freedom of
expression cases.
5. Intimidation campaign against the applicant and the applicant’s
response
(a) Media accusations that the applicant was a traitor and a spy
34. In its editions of 10 and 29 October 2000, 5 November 2000 and
31 December 2000 the magazine Aydınlık published articles alleging that
the applicant was a paid employee of the German intelligence service and
that he had been commissioned to conduct research and write on the
subjects “Violence in Turkish history”, “Torture in Turkish history” and
“the Armenian Genocide”. These studies had been commissioned and
financed by the German intelligence service and had been published in a
book.
35. In its edition dated 4 January 2001 the daily newspaper Hürriyet
published an article entitled “The German Intelligence Chief and Tessa
Hoffmann couple” containing allegations that the applicant’s studies were
determined and financed by the German intelligence service.
36. In its editions dated 21, 22 and 23 June 2007, the Hürriyet
newspaper published articles describing the applicant as an individual who