12/03/2007 | Writer: KAOS GL
March 10, 2007
In the second and final trial, the judge rejected to sentence Umut Guner, the editor and publisher of a Turkish LBGT magazine from the charges of peddling "pornography" in his publication, Kaos GL Magazine.
Umut Guner was accused of publishing pornographic issues based on the Turkish Penal Code, Article 226. The criminal code states that "a person who broadcasts or publishes obscene images, printed or audio material or who acts as an intermediary for this purpose shall be sentenced to imprisonment for a term of six months to three years. Guner could have faced up to three years in prison over last summer's issue of the magazine, which critically analyzed the relationship between homosexuality and pornography in articles by several noted Turkish writers.
But the court insisted on considering the magazine obscene and decided that magazine can only be distributed in envelope with a notification on the envelope saying that the magazine can not be sold to the people under 18 years of age. This is a procedure of selling obscene magazines in Turkish law. However since Kaos GL Magazine is not an obscene magazine, they will appeal to the Supreme Court against this justification.
2. CRIMINAL COURT OF FIRST INSTANCE T.R. ANKARA
FILE NO: 2006/580
Date of the trial: 28/02/2007
Session No: 2.
Judge: MEHMET NURI OZTURK 24379
Public Prosecutor: YUCEL ILDENIZ 19205
Clerk: MURAT SAVASCI 96494
The second session started on the specified day and hour.
No one was present, the open exercise of jurisdiction proceeded.
It was observed and read that the acting order for witness Mahmut Taner Ceylan was returned. Defence said they had nothing to claim.
THE PROSECUTION DID NOT ASK FOR EXTENDED INVESTIGATION AND CLAIMED THAT:
The accused was sued to be punished under the item 226/2 of the Turkish Penal Code, according to the 7th article of the item it cannot be practised on work which has artistic or literary value under the condition that the access of the children be denied, excluding the 3rd article.
The picture which is the subject of the law suit was declared to have been painted and the text to have been sent by Mahmut Taner Ceylan but he claimed that he had not given permission for the print without protection for the youngsters below 18. It was decided that the magazine be given to the Office of the Attorney General by the printing house on the date of 21/07/2006 and be collected and impounded.
375 magazines were collected on the date of 24/07/2006 from the office of the magazine at the address of Gazi Mustafa Kemal Bulvar
Tags: human rights