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Author Orhan Pamuk to face trial for "public denigration" of Turkish

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  • Author Orhan Pamuk to face trial for "public denigration" of Turkish

    Author Orhan Pamuk to face trial for "public denigration" of Turkish identity

    IFEX, Canada (International Freedom of Expression eXchange)
    Sept 2 2005


    Country/Topic: Turkey
    Date: 02 September 2005
    Source: Writers in Prison Committee, International PEN
    Person(s): Orhan Pamuk
    Target(s): writer(s)
    Type(s) of violation(s): legal action , charged
    Urgency: Threat
    (WiPC/IFEX) - International PEN greets with shock the news that the
    world-famous Turkish writer, Orhan Pamuk, will be brought before an
    Istanbul court on 16 December 2005 and that he faces up to three
    years in prison for a comment published in a Swiss newspaper earlier
    this year.


    The charges stem from an interview given by Pamuk to the Swiss
    newspaper "Das Magazin" on 6 February in which he is quoted as saying
    that "thirty thousand Kurds and a million Armenians were killed in
    these lands and nobody but me dares to talk about it." Pamuk was
    referring to the killings by Ottoman Empire forces of thousands of
    Armenians in 1915-1917. Turkey does not contest the deaths, but
    denies that it could be called a "genocide". His reference to
    "30,000" Kurdish deaths refers to those killed since 1984 in the
    conflict between Turkish forces and Kurdish separatists. Debate on
    these issues have been stifled by stringent laws, some leading to
    lengthy lawsuits, fines and in some cases prison terms.

    Article 301/1 of the Turkish Penal Code under which Pamuk will be
    tried is a case in point. PEN sees it extraordinary that a state that
    has ratified both the United Nations International Covenant on Civil
    and Political Rights, and the European Convention on Human Rights,
    both of which see freedom of expression as central, should have a
    Penal Code that includes a clause that is so clearly contrary to
    these very same principles. To quote Article 301/1: A person who
    explicitly insults being a Turk, the Republic or Turkish Grand
    National Assembly, shall be imposed to a penalty of imprisonment for
    a term of six months to three years. To compound matters, Article
    301/3 states, Where insulting being a Turk is committed by a Turkish
    citizen in a foreign country, the penalty to be imposed shall be
    increased by one third. So, if Pamuk is found guilty, he faces an
    additional penalty for having made the statement abroad.

    International PEN International Secretary Joanne Leedom Ackerman
    states that "International PEN is deeply concerned by the efforts of
    the public prosecutor to punish and therefore curb the free
    expression of Orhan Pamuk, not only in Turkey, but abroad." She adds
    that "It is a disturbing development when an official of the
    government brings criminal charges against a writer for a statement
    made in another country, a country where freedom of expression is
    allowed and protected by law."

    The trial against Pamuk is likely to follow the pattern of those
    against other writers, journalists and publishers similarly
    prosecuted. Karin Clark, Chair of PEN's WiPC, points out that "PEN
    has for years been campaigning for an end to Turkish courts trying
    and imprisoning writers, journalists and publishers under laws that
    clearly breach international standards to the Turkish government
    itself has pledged commitment." Although the numbers of convictions
    and prison sentences under laws that penalise free speech has
    declined in the past decade, PEN currently has on its records over 50
    writers, journalists and publishers before the courts. This is
    despite a series of amendments to the Penal Code in recent years
    which were aimed at meeting demands for human rights improvements as
    a condition for opening talks into Turkey's application for
    membership of the European Union. The most recent changes were
    enacted in June this year. Journalists in Turkey have staged protests
    against the fact that there remain considerable problems in the
    revised Penal Code. In April, International PEN joined its the
    International Publisher's Association in a statement to the United
    Nations Commission on Human Rights which described the newly revised
    Penal Code as "deeply flawed."

    Pamuk is one of Turkey's most well known authors, whose works have
    been published world-wide in over 20 languages. In 2003, he won the
    International IMPAC award for "My Name is Red". His 2004 novel "Snow"
    has met with similar acclaim. His most recent book, "Istanbul", is a
    personal history of his native city.

    In early 2005, news of the interview for which Pamuk will stand trial
    led to protests and reports that copies of his books were burned. He
    also suffered death threats from extremists. PEN members world-wide
    then called on the Turkish government to condemn these attacks.

    RECOMMENDED ACTION:
    Send appeals to authorities:
    - expressing concern that Pamuk is to be tried for a statement made
    in an interview for an overseas publication
    - pointing out that this is 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
    - protesting the decision to bring Pamuk to trial


    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.

    Please copy appeals to the source if possible.


    http://www.ifex.org/en/content/view/full/68998/
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