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OhmyNews International, South Korea
Sept 23 2006
Turkey Drops Charges Against Novelist
Elif Shafak was on trial for insulting national Identity
Amin George Forji (amingeorge)
On Thursday a court in Istanbul acquitted Elif Shafak, age 35 and one
of the country's best selling novelists, from charges of insulting
Turkishness.
The insults in question appeared in her novel The Bastard Of
Istanbul. The characters in the story condemned Turkey's mass killings
of ethnic Armenians at the close of the Ottoman Empire in 1915.
The Armenians believe that those killings in fact constituted a
genocide, and demand that Turkey apologizes, and redresses its past
wrongs. Turkey has traditionally rejected such claims of genocide
as baseless.
Under Article 301 of Turkey's penal code it is a crime to insult
Turkish national identity. The crime is punished with up to three
years in prison.
The trial was closely watched by the European Commission, who earlier
indicated that it will serve as a veritable test of freedom in Turkey.
The European Union says the controversial Turkish law seriously
violates the right to freedom of speech.
The commission, while qualifying the Istanbul acquittal decision as
"good news," requested that Turkey use this opportunity to scrap off
the "bad law" under which the artist was prosecuted.
Krisztina Nagy, an E.U. spokeswoman, expressed caution and skepticism
about the decision.
"The fact remains that (Turkey's courts) established a restrictive
interpretation of article 301 of the penal code which is not in line
with the European Court of Human Rights and European standards of
freedom of expression."
Turkey is seeking admission into the European Union, and is presently
already undergoing membership talks. The law against insulting
Turkishness is seen as one of the major obstacles against Turkey
joining the union.
The Istanbul court, after 40 minutes deliberation, decided that
there was lack of ample evidence to prove that Ms Shafak in fact
"denigrated Turkish national identity" in her novel.
While welcoming the decision, the Turkish Prime Minister, Recep Tayyip
Erdogan, announced that the government will consider amending that
section of the law in future.
"The ruling party and the opposition can sit down together again to
discuss this issue as laws are not eternal," Erdogan declared.
Shafak was exempted from attending the court hearing because she gave
birth to her first daughter just five days ago. Speaking after the
court decision, she said she was very delighted with the decision.
"I'm very happy with the outcome but only on a personal basis. As
long as 301 is out there and interpreted or misinterpreted like that
there'll be many other cases like this ... This is not the last one,"
Reuters quoted her as saying.
Sept 23 2006
Turkey Drops Charges Against Novelist
Elif Shafak was on trial for insulting national Identity
Amin George Forji (amingeorge)
On Thursday a court in Istanbul acquitted Elif Shafak, age 35 and one
of the country's best selling novelists, from charges of insulting
Turkishness.
The insults in question appeared in her novel The Bastard Of
Istanbul. The characters in the story condemned Turkey's mass killings
of ethnic Armenians at the close of the Ottoman Empire in 1915.
The Armenians believe that those killings in fact constituted a
genocide, and demand that Turkey apologizes, and redresses its past
wrongs. Turkey has traditionally rejected such claims of genocide
as baseless.
Under Article 301 of Turkey's penal code it is a crime to insult
Turkish national identity. The crime is punished with up to three
years in prison.
The trial was closely watched by the European Commission, who earlier
indicated that it will serve as a veritable test of freedom in Turkey.
The European Union says the controversial Turkish law seriously
violates the right to freedom of speech.
The commission, while qualifying the Istanbul acquittal decision as
"good news," requested that Turkey use this opportunity to scrap off
the "bad law" under which the artist was prosecuted.
Krisztina Nagy, an E.U. spokeswoman, expressed caution and skepticism
about the decision.
"The fact remains that (Turkey's courts) established a restrictive
interpretation of article 301 of the penal code which is not in line
with the European Court of Human Rights and European standards of
freedom of expression."
Turkey is seeking admission into the European Union, and is presently
already undergoing membership talks. The law against insulting
Turkishness is seen as one of the major obstacles against Turkey
joining the union.
The Istanbul court, after 40 minutes deliberation, decided that
there was lack of ample evidence to prove that Ms Shafak in fact
"denigrated Turkish national identity" in her novel.
While welcoming the decision, the Turkish Prime Minister, Recep Tayyip
Erdogan, announced that the government will consider amending that
section of the law in future.
"The ruling party and the opposition can sit down together again to
discuss this issue as laws are not eternal," Erdogan declared.
Shafak was exempted from attending the court hearing because she gave
birth to her first daughter just five days ago. Speaking after the
court decision, she said she was very delighted with the decision.
"I'm very happy with the outcome but only on a personal basis. As
long as 301 is out there and interpreted or misinterpreted like that
there'll be many other cases like this ... This is not the last one,"
Reuters quoted her as saying.