Özgür-Der is facing closure over a statement it released in November 2008 advocating the abolishment of military-style ceremonies in schools. The statement, titled "Let's adopt a stance against ceremonies that impose on us the official ideology and despise our beliefs and identities,” called on individuals to raise their voice against in-school cere-monies that militarize students.
Every morning since 1933, Turkish primary school students have had to stand in military-style ranks and repeat the national pledge of allegiance. They are also made to march like soldiers during official ceremonies on various public holidays.
The statement, however, drew the ire of the Interior Ministry, spurring prosecutors into action to launch a closure case against Özgür-Der.
"We have always favored the idea of broader freedom for thoughts and ideas. We believe that students are faced with various impositions during their education. We send our children to school to receive education, but they are being homogenized by the current system. Our statement should have been considered within the scope of freedom of expression, but we are facing a closure case. Now they are trying to deprive us of our right to organize," said Özgür-Der board member Rıdvan Kaya.
Kaya also said that if the court finds the association guilty, all 15 branches of Özgür-Der would be shut down, which means that the efforts the group has exerted for nearly 10 years in the cause of freedom will go to waste. "There has been considerable improvement in the field of freedom of thought and expression in recent years, but the closure case we are faced with contradicts this situation," he noted.
The first hearing of the closure case was held on April 29 at the Fatih 2nd Court of First Instance in İstanbul. A large group of activists, including lawyers and representatives from various nongovernmental organizations, staged a demonstration in front of the courthouse, calling on judges not to damage freedom of expression and thought in the country by closing down Özgür-Der. The case was adjourned until June 10, 2009.
Civil society uneasy with case
The closure case has been criticized by several civil society organizations on the grounds that it undermines freedom of expression in Turkey.
Anti-Discrimination Women's Rights Association (AKDER) Vice President Fatma Benli said closure is the harshest punishment a civil society organization can receive, the equivalent of the death penalty for a human being.
"The opening of a closure case against an NGO that it is not engaged in violent activities shows that calls for respect for human rights remain only in words. ... We believe that the closure of Özgür-Der, which has been working for freedoms in our country for 10 years, will not solve problems. On the contrary, such a move will increase our problems," she added.
Benli also said she doesn't believe Özgür-Der will be shut down, adding that if such a thing happens, it would not only be a violation of Turkish laws, but of the universal principle of freedom of expression. Ömer Faruk Gergerlioğlu, president of the Association for Human Rights and Solidarity for Oppressed Peoples (MAZLUM-DER), agreed with Benli, saying the opening of a closure case against a civil society organization that works for the good of the people is a great blow to the freedom of speech.
"Any thought may be freely expressed unless it calls for violence. Even shocking ideas may be shared under the cover of freedom of expression. It is not me who is saying this; it is a universal principle. According to this principle, an individual or group is free to express any ideas that do not promote violence. Such ideas are respected within the scope of free expression," he said.
"Banning the dissemination of ideas hurts humanity. The closure of Özgür-Der would overshadow the image of Turkish democracy," he said.
Turkey has been criticized by the European Union, which it has been striving to join for years, for preventing citizens and organizations from expressing their ideas. Closure cases against political parties are common in Turkey. The ruling Justice and Development Party (AK Party) faced a closure case on charges of anti-secular activity last year. A closure case against the pro-Kurdish Democratic Society Party (DTP) on charges of "promoting terrorist activities" is still pending in the Constitutional Court.
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