Indictment of Writer Başkaya: Thinking is a Biological Act, Spreading it Can be Banned

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  • February 26, 2019
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Click to read the article in Turkish

The 42-page indictment against writer Fikret Başkaya tells what are the PKK (Kurdistan Workers’ Party) and the KCK (Kurdistan Communities Union) in 25 pages.

The evidence against Başkaya are the article titled “The Real Terror is the State Terror,” which was published on ozguruniversite.org and the column articles and photos that were found in his home during the search conducted by the police.

CLICK – Fikret Başkaya Sued for Terror Propaganda

Prosecutor Yarcan Mutlu tells in 11 pages what the “terror propaganda offense” is. The “evidence” against Başkaya does not occupy more than two pages in the bill of indictment.

Writer and former academic Başkaya has been charged with “propagandizing for a terrorist organization” for his article titled “The Real Terror is the State Terror,” which was published on the Free University (ozguruniversite.org) website on November 7, 2016.

“Investigation began after a call to 155”

The indictment says the investigation began on February 10, 2017, after a notification that was made to the Bursa Security Directorate through 155 crime report line.

After the notification, a lawsuit was filed against Başkaya for “propagandizing for a terrorist organization” upon the Anti Terror Law Article 7/2 at the Ankara 21st Heavy Penal Court. The first hearing of the case will be held on March 21, at 09.30 a.m.

“Expressions that disturb public peace”

The “propaganda crime” part of the indictment begins with saying, “Being a human means thinking and expressing what one is thinking, and this is called the freedom of expression.”

The indictment then tells the limitations on the freedom of expression:

“When it is taken into account that discordant and disturbing expressions are within the scope of the freedom of expression, to restrict an expression because of social needs, the related expression must be of the essence that disturbs the public security or public peace.”

“Thinking is a biological act”

The indictment defines the freedom of thought as:

“Since thinking is a biological act, banning it or making it free do not have validity in terms of the law. What needs to be discussed here is the expression and spreading of the thought, which is free in its nature.

“Under the mask of the Kurdish citizens…”

In the allegations part, the indictment says, “the freedom of expression turned into an act that constitutes a crime.”

Stating that “there is no doubt regarding the Kurdish citizens’ rights and freedoms”, the indictment alleges that Başkaya praises methods of force, violence and threat by “mentioning PKK militants under the mask of the Kurdish citizens and so-called resisters.”

“I told about the state as I see it”

Başkaya said in his defense at the Prosecutor’s Office that his article on the Free University website is within the scope of the freedom of expression and that he told about the state as he sees it.

Başkaya also said that the article was on the institution of state generally, it does not specifically criticize the state of Turkey but the institution of state in general. Cropping one part of the article and criminalizing it is not right, Başkaya added. (AS/VK)