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ANKARA: Justice Minister's Comments Jeopardize 301 Suspect Temel Dem

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  • ANKARA: Justice Minister's Comments Jeopardize 301 Suspect Temel Dem

    JUSTICE MINISTER'S COMMENTS JEOPARDIZE ARTICLE 301 SUSPECT TEMEL DEMIRER'S SAFETY
    Erol ONDEROÄ~^LU - [email protected]

    BIA
    Nov 20 2008
    Turkey

    The Ankara Initiative for Freedom of Thinking demanded resignation
    of Minister of Justice Mehmet Ali Å~^ahin for declaring Temel Demirer
    guilty under article 301 before he was even tried.

    The Ankara Initiative for Freedom of Thinking demanded resignation
    of Minister of Justice Mehmet Ali Å~^ahin for talking negatively
    about Temel Demirer for whom he granted the permission to be tried
    under article 301 of the Penal Code (TCK). Mehmet Ali Å~^ahin made
    the following comment that "I cannot let someone call my state
    "murderer". This is not freedom of expression. This is exactly the
    crime of insulting the person of the state."

    Condemning Å~^ahin with a written declaration, Demirer's lawyer
    Filiz Kalaycı argued that the minister was using the right of giving
    permissions for the article 301 cases as he was given "the power to
    make judgments by putting himself in place of the judiciary."

    Initiative: Minister Å~^ahin should ask Vecdi about the "genocide"
    The minister said the following about the reactions by some
    media institutions against the permission he granted for Demirer's
    prosecution: "They do not pay attention to the things this person has
    been saying, but when a lawsuit is filed, they feel sorry for him. This
    person said Turkey is a murderous state. He says the Turkish state
    first murdered the Armenians and will now murder the Kurds. Sorry,
    but I cannot let anyone call my state a murderous state. This is not
    freedom of expression. This is what article describes as the crime
    of insulting the person of the state."

    According to the Initiative, the Minister of Justice has already
    declared Demirer guilty, without waiting for the outcome of the
    trial. "If it is a crime to say 'yesterday they took our Armenian
    brothers through the process of genocide, today they are doing the same
    to our Kurdish brothers. Let us object to this' then Minister Å~^ahin
    should ask Vecdi Gönul about the genocide, since he confirmed it with
    his words that "Thanks to it, we established today's nation-state."

    Kalaycı: Å~^ahin is responsible for Demirer's safety Lawyer Kalaycı
    pointed out to the Constitution and reminded Å~^ahin the 25th and
    26th articles that guarantee the freedom of expression and belief, the
    138th article that emphasize the independence of the courts. She also
    mentioned the 10th article of the European Human Rights Conventions
    (EHRC).

    Kalaycı argue that Å~^ahin has abused his position and that not only
    Å~^ahin's statement shows how far present government's patience goes,
    but it also prepares the groundwork for further tensions.

    "In order not to experience new sufferings, not to be subject to the
    new murder plans of the dark hands and have more democracy and freedom,
    we invite everyone who want a bright future for this country to show
    their reaction and ask the prosecutors to do their job by launching
    an investigation about the minister."

    "When Hrant Dink's memory is still fresh in our hearts, the Minister of
    Justice has put our client's life in danger by making him a target. We
    will hold the Minister responsible for any attempt at his safety."

    Kalaycı reminded the Minister of Justice the AktaÅ~_/Turkey
    (Application No: 23168-94) and Senator Miguel Castells decisions of
    the European Court of Human Rights (ECHR). The ECHR held Senator
    Castells had criticized the unknown murders (faili mechul) in the
    Bask region of Spain and held the government responsible.

    --Boundary_(ID_WaDAyC+UU6ODEEsIa/w50 A)--
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