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January 26, 2006
TURKEY: The charges against Orhan Pamuk have been dropped, though numerous writers still face prosecution for “insult” to Turkey.
SEE BELOW FOR SAMPLE LETTER OF APPEAL
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RAPID ACTION NETWORK
23 January 2006
Update 2 to RAN 11/05
Turkey: International PEN Calls on Turkish Authorities to End all Trials Against Writers Following Decision to Drop Proceedings Against Orhan Pamuk.
The news that the Ministry of Justice decided yesterday that the trial against the world-famous Turkish writer Orhan Pamuk will not proceed is
greeted with relief by International PEN members world wide. Yet it does little to assuage PEN’s concerns that the right to freedom of expression in
Turkey is severely curtailed by the existence of laws that penalise debate on “taboo” topics.
During the past 12 months, PEN has monitored over 60 cases of writers, journalists and publishers who were brought before the courts or faced with
prosecution for their writings. Around 15 of these are currently on trial on charges of “insult” under Article 301, similar charges to those levied against Orhan Pamuk. Some recent notable cases include: the editor of an Armenian magazine, Hrant Dink, accused of insult to the State; five journalists accused of “interfering” with the judiciary for their comments on attempts to ban a conference, and publisher Abdullah Yilmaz who is to go on trial for a novel set in early part of the last century.
On 9 February, there will be another in a series of hearings against Hrant Dink editor of the Armenian language Agos magazine, whose trial opened in
April last year, nine months ago. His “crime” was to make comments at a conference in which he expressed his belief that a phrase in the Turkish
national anthem was discriminatory. Originally charged under the old penal code before it was amended in June 2005, the court decided to continue with his case, transferring it to the new penal code Article 301. Dink faces up to three years in prison. In another case that concluded in October, Dink was sentenced to a six months suspended prison sentence for an article that discussed the impact on present day Armenian diaspora of the killings of hundreds of thousands of Armenians by the Ottoman army in 1915-17. As a result, new charges were opened against Hrant Dink and three others writing for Agos in December 2005 for an article that challenged Dink’s October conviction. The four are accused of attempting to “influence the judiciary” under Article 288 of the Penal Code.
Commentators are surprised to see the emergence of the application of Article 288 of the Penal Code that is designed to protect the courts from outside influence yet is now being used to penalize legitimate comment on the judicial process. A notable case is that of five journalists working
for the mainstream press who will appear in a court in Istanbul on 7 February. All are accused for their articles on a conference of Turkish historians on the Armenian tragedy. The conference was postponed after it was banned by a court order, eventually taking place at the end of September. However Ismet Berkan, Erol Katirciolgu, Murat Belge, Haluk Sahin and Hasan Cemal will still be brought before a court in two weeks time. Four of the five are additionally accused under Article 301 for
“insult to the state” for the same articles the same law under which Orhan Pamuk was charged.
In early April, the editor of the Literatür Publishing House, Abdullah Yilmaz will be brought to trial under Article 301 for the book by the Greek
writer Mara Meimaridi entitled The Witches of Smyrna. The book is a novel set in the last years of Ottaman rule in Izmir (known in Greek as Smyrna).
Scenes in the book that describe some parts of the Turkish quarter of Izmir as dirty is seen to be “denigrating to Turkish national identity”. What is
surprising is that the book has already been print for a year, selling 50,000 copies in Turkey, and 100,000 in Greece, with a film adaptation under way.
These are just some of the cases that are currently causing concern in Turkey. Although, to date, the trials have not ended with long prison
terms, acquittals are not assured, and the result is often fines and suspended sentences. This is a great improvement to the situation in the 1990s when hundreds of writers and journalists were sent to prison, often for many years. Yet this does not lessen the impact of the present situation where judicial harassment is now used to silence criticism of the Turkish state. These trials take months to complete, involving many hearings, causing extensive disruption to the lives of the defendants,
bearing with them emotional as well as financial stress. That eminent writers and publishers, as well as mainstream journalists, are not immune from prosecution serves to send a strong warning to anyone who dares to consider writing on issues considered “taboo”. These include comments on
the mass killings of the Armenian population in the early 20th Century, that suggest that the Turkish state and army has carried out human rights abuses, or even simply reporting frankly on the outcome of trials.
While there are court cases against writers, journalists and publishers who challenge “taboos” and while there exist laws that enable them to be
prosecuted, International PEN will continue to call for an end to all trials of those accused solely for having practised their right to freedom of expression. It calls on the Turkish authorities to take note of the international indignation at the court hearings against Orhan Pamuk and to take the opportunity to review Turkish legislation with the aim of the possibility of future trials once and for all.
Please send appeals:
- Welcoming the decision not to proceed with the trial against Orhan Pamuk;
- Pointing out that there are many other writers, journalists and
publishers on trial for similar “offences”
- Noting that these trials are in direct contravention of the United
Nations Covenant on Civil and Political Rights, and the European Convention on Human Rights, to which the Turkish government is a signatory;
- Therefore calling for an end to all prosecutions of those who practice their right to freedom of expression and that there be a further review of Turkish legislation with a view to removing from its remit any possibility
for future such trials.
Appeals to:
Prime Minister Racep Tayyip Erdogan
TC Easbaskanlik
Ankara
Turkey
Fax: +90 312 417 0476
Cemil Cicek
Minister of Justice
TC Adalet Bakanligi
Ankara
Turkey
Fax: + 90 312 417 3954
Similar appeals should be sent to the Turkish Embassy in your own country.
For further information please contact Sara Whyatt at the Writers in Prison
Committee of International PEN, 9/10 Charterhouse Buildings, London EC1M
7AT, United Kingdom. Tel: +44 (0) 207 253 3226 Fax: +44 (0) 207 253 5711
email: swhyatt@wipcpen.org
_______________________________________________________
SAMPLE LETTER OF APPEAL (Or Click Here for Word Version: Click Here For Sample Letter of Appeal)
January 25, 2006
Prime Minister Racep Tayyip Erdogan
TC Easbaskanlik
Ankara
Turkey
Dear Prime Minister:
I am writing on behalf of PEN USA, part of an international organization of writers with an 85-year history of defending freedom of expression through the written word.
I was relieved to learn that all charges against world-renowned author Orhan Pamuk have been dropped. However, I am very concerned that charges are still pending against numerous other writers in Turkey solely for the legitimate practice of their professions.
Over the last year, PEN has monitored approximately sixty such cases. At least fifteen of these writers have been charged with “insult” to Turkey under Article 301 of the Penal Code. Additionally, PEN has noted an increase in the of Article 288 – ostensibly designed to protect the courts from outside influences – to silence criticism of the judicial process.
PEN has observed a marked improvement in the state of freedom of expression in Turkey since the 1990’s, when writers who engaged in critical analysis of delicate political issues faced long prison sentences and retribution. However I am distressed to see that still, writers who dare discuss taboo subjects, such as the mass killings of Armenians in the early 20th Century, the treatment of the Kurds, or even current court verdicts, face serious threats of fines, lengthy prosecutions and even jail time.
Such restrictions on freedom of expression is in direct violation of the United Nations Covenant on Civil and Political Rights and the European Convention on Human Rights, to which the Turkish government is a signatory. I therefore call for the end of these prosecutions and urge the authorities to review Turkish legislation with the goal of eliminating such trials in the future.
Sincerely,