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June 08, 2006
Trials of Writers continue in Turkey
Turkey Writer Perihan Magden On Trial for Supporting Conscientious Objector
Turkey Writer and Activist Pinar Selek Faces Life Imprisonment
See below for full story and link to MS Word Letters of Appeal
Story Continued...
Turkey Writer Perihan Magden On Trial for Supporting Conscientious Objector
Full story from International PEN
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On 7 June 2006, writer Perihan Magden will come before a court in Sultanhamet, Istanbul to hear charges that she has “turned people against
military service” in an article on a conscientious objector. The prosecution is demanding a three year prison term. International PEN
protests the trial and calls for the charges to be dropped and for an end to the trials of over 80 other writers, publishers and journalists that are
currently in process and that fall foul of international standards protecting the right to freedom of expression. It is also alarmed by
violent incidents that have taken place at some of these trials, and that cases continue to come before the courts where evidence appears flawed, and
where there are allegations that torture had been used against the defendants.
In an article published in the international media on 3 June, Orhan Pamuk, one of Turkey’s most well known writers who himself was on trial earlier
this year, describes Perihan Magden as “one of the most inventive and outspoken writers of our time”. He praises her both as a novelist notably
for Two Girls and The Messenger Boy Murders, both published in English - and for her “often controversial columns” that have been sharply critical
of public figures in both the political and cultural spheres. Her outspokenness has made her the target of numerous prosecutions brought by
those who seek to silence what Pamuk describes as her “fiery outbursts (which everyone knows to come from the heart), her combative independence
and her steely conscience”. (For full article go to http://books.guardian.co.uk/comment/story/0,,1789061,00.html, also
available in non-English language press.)
On 7 June Magden will find herself hearing charges brought by the Turkish military of “turning the people against military service” for an article entitled “Conscientious Objection is a Human Right”. In this article, Perihan defends conscientious objector Mehmet Tarhan who is being penalised for refusing to undertake military service. As a homosexual, he is sure that he will suffer discrimination in the military. Although he would have been excused from service if he had agreed to undergo a physical examination, he saw this as degrading and refused. In her article, Magden referred to United Nations and Council of Europe views that conscientious objection is a human right and Magden questioned why Turkey refused to acknowledge this. Magden makes it clear that her article was not intended to deter people from military service, only that their right to object should be upheld.
Magden is among a large number of writers, publishers and journalists currently known to be on trial in Turkey. They are accused of charges ranging from “insult to the state”, judiciary, military and the memory of Ataturk, to attempting to influence the judiciary. In 2005 this situation was brought to international attention with the controversial trial against Orhan Pamuk, accused of “insult to the state” for his comment on the killings of Armenians at the start of the last century. His case was closed on a technicality in February this year. Yet, despite the outcry, the numbers of persons on trial today for their writings has far from diminished. In June 2005, PEN was referring to around 60 such trials. Today it is figure is closer to 80, arise of a third.
Another worrying aspect of the trials is the violence and antagonism that has taken place inside and outside some of the courtrooms. In December the international media witnessed such events in the Pamuk trial. More recently at the trial of Hrant Dink, the editor of an Armenian magazine also charged with “insult” to the state, that took place in early May 2006 there were scenes of verbal and physical abuse by members of the prosecution who harangued the defendants, their lawyers and even the judge. Pro-prosecution crowds outside threatened and spat at the defendants and journalists as they entered the building, and were present in the public gallery to throw coins and other objects into the court room. At one point those inside were unable to leave for around an hour until police were able to escort them out. One of those who was trapped described the scene as an “attempted lynching”. There are questions about how such scenes can happen and whether sufficient measures are taken to ensure that they do not.
Two other high profile hearings will take place this week. On 8 June, leading columnist, Murat Belge, will face the court for an article that questioned a judge’s decision to ban an academic conference on Armenia in late 2005. He is accused of “interfering in the judiciary”. For more on the case of Hrant Dink, who returns to the courtroom on 4 July, Murat Belge and others see http://www.ifex.org/en/content/view/full/74203.
The second is that of a writer, academic and minority rights activist, Pinar Selek, who is accused of connections with the banned Kurdish Worker’s Party (PKK). On 8 June will be the final trial at which her sentence will be announced. If convicted she faces a life sentence. PEN considers the evidence against Pinar Selek, and most crucially her allegations that she was tortured to confess when she was originally arrested in 1998, to be highly flawed. There are strong indications that she is being penalised for
her writings on the PKK. For further details see alert also issued today, 3 June.
Please send appeals:
- Protesting the trial against Perihan Magden;
- Expressing dismay that writers, journalists and publishers continue to be brought before the courts in violation of their right to freedom of expression;
- Urging that there be an end to these trials and that there be a review its legislation with the aim of removing all remaining laws that allow for the prosecution of those who practice their right to write and publish freely;
- Calling on the Turkish government to do all that it can to abide by its commitments to the protection and promotion of freedom of expression.
Click Here for MSWord Sample Letter
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Turkey Writer and Activist Pinar Selek Faces Life Imprisonment
Full Story from International PEN
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Writer, academic and minority rights activist, Pinar Selek, will appear before the 12th High Criminal Court in Besiktas, Istanbul on 8 June 2006 where the final verdict will be announced. She faces a life sentence. International PEN is concerned that the trial process has been seriously flawed, including allegations of torture and intimidation of witnesses, and has therefore fallen foul of international standards that guarantee fair trial. It is therefore calling for the case against her to be dismissed.
The trial against Pinar Selek and others opened on 28 December 2005 under Article 125 of the previous criminal code (now New Penal Code Article 302). Selek was first arrested in July 1998, shortly after an explosion at the Egyptian Bazaar in Istanbul in which seven people were killed and over 100 injured. An investigation concluded two years later that the explosion had not been a bomb, as originally presumed, but had been caused by a leak from a gas cylinder in a fast food kiosk that had been accidentally ignited by a spark.
During interrogation in 1998, Selek was questioned about her alleged contacts with members of the Kurdish Workers Party (PKK) whom she had interviewed in the course of her research of her book on militarism and peace in Turkey and the Kurdish south-east. She claims that when she refused to divulge the identities of the interviewees, she was subjected to torture, including beatings, hanging by the wrists and electric shocks. She was subsequently charged in connection with the Egyptian Bazaar explosion.
During her trial, there were a number of irregularities such as a witness who claimed to have been forced to make a false confession and intimidation of other witnesses. Selek remain detained for almost two years until when in December 2000 the investigation concluded that the explosion had not been a bomb, and she was freed.
However, Selek and her co-defendants remained charged with having contact with and membership of the PKK, and, despite the investigation outcome, references to the Egyptian Bazaar incident continued to be made in trial documents. A new trial opened in December 2005. The final hearing took place on 26 May 2006 and the final verdict will be announced on 8 June.
Although currently free, Selek has been barred from leaving Turkey since her release in 2000.
Selek, aged 34, is known for her work on behalf of transvestites, sex workers and street children, and her campaigns for these marginalised groups have led her to conflict with the authorities. Selek is a founder member of the Amargi Women’s Collective and a journalist. Among her published works are Masks, Riders and Gals, a study of the indigenous movements in Mexico entitled Ya Basta! and research on transformation of the Turkish media. Her book, including material based on interviews with the PKK members whose details police attempted to get her to divulge in 1998, was published in 2004 entitled Barisamadik.
Please send appeals:
- Referring to concerns about acute trial irregularities, including allegations of torture and intimidation of witnesses, against writer Pinar Selek;
- Urging that the charges against her be dismissed and that there be no further intimidation and harassment against her.
Click Here for MSWord Sample Letter
Send appeals for both cases to:
Prime Minister Recep Tayyip Erdogan
Office of the Prime Minister
Basbakanlik
06573 Ankara
Turkey
Fax: +90 312 417 0476
Foreign Minister and State Minister for Human Rights
Mr Abdullah Gül
Office of the Prime Minister
Basbakanlik
06573 Ankara
Turkey
Fax: +90 312 287 8811