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ANKARA: Apologizing To Armenians Not A Crime

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  • ANKARA: Apologizing To Armenians Not A Crime

    APOLOGIZING TO ARMENIANS NOT A CRIME

    BIAnet
    http://www.bianet.org/english/minori ties/119379-apologizing-to-armenians-not-a-crime
    J an 11 2010
    Turkey

    The Court of Appeals decided that the internet signature campaign
    "I apologize to the Armenians" does not constitute a crime. If the
    Sincan 1st High Criminal Court accepts the decision, no trial will
    be launched against the organizers of the campaign which has been
    supported by the signatures of 30,000 people already.

    Erol ONDEROÄ~^LU [email protected] Ankara - BÄ°A News Center11 January
    2010, Monday The Court of Appeals 9th Criminal Office decided that
    the internet signature campaign "I apologize to the Armenians"
    ('Erminilerden Ozur Diliyorum') does not imply any elements of crime.

    A group of Turkish intellectuals initiated the campaign regarding
    the events of 1915. More than 30,000 people have already supported
    the campaign with their signatures.

    The campaign was started in 2008 and caught on in various sections of
    society, supported by journalist Ali Bayramoglu, Prof. Baskın Oran,
    Prof. Ahmet Ä°nsel and Dr. Cengiz Aktar to name just a few.

    The campaign sent the following message to the Armenian community:
    "I cannot reconcile my conscience to denial of and insensitivity
    about the great Ottoman disaster the Armenians were imposed to in
    1915. I reject this injustice and share the feelings and grief of my
    Armenian brothers and sisters. I apologize to them".

    Prosecution referred to "freedom of thought", yet...

    Ankara Public Prosecutor Abdulvahap Yaren had launched an investigation
    into campaign-related crimes upon article 301 of the Turkish Criminal
    Court (TCK). However, the case was dropped, reasoning that, "In
    a democratic society, opposing ideas are also protected under the
    aspect of freedom of thought".

    The complaint was filed by Hasan Huseyin Satır, Sabahat Ozgur,
    Mehmet Ä°nal Kolburan, Huseyin Erdogan, Serdar Orhaner and KurÅ~_at
    Karacabey from Ankara. The complainants demanded to punish the people
    who organized and signed the joint petition under charges of "publicly
    humiliating the Turkish nation".

    Prosecutor insisted on dropping the case However, upon the lodged
    appeal the Sincan 1st High Criminal Court abolished the order of nolle
    prosequi and stated that the court was going to decide whether the
    offence of "publicly humiliating 'Turkishness'" was constituted by
    the campaign. The court sent the file to the Ankara Public Prosecution
    in order to launch an investigation into the suspects.

    Prosecutor Yaren insisted on the order of nolle prosequi. He wanted
    the Ministry of Justice to apply to the Court of Appeals with the
    demand to overrule the court's decision for the public benefit.

    Court of Appeals: no harm done, no right to appeal Hereupon, the file
    was transferred to the Court of Appeals 9th Criminal Office and the
    Court of Appeals Public Prosecution requested to overrule the decision
    of the Sincan 1st High Criminal Court.

    As reported by Radikal newspaper journalist Mesut Hasan Benli, the
    Criminal Office indicated that there were no legal means for an appeal
    against the decision since nobody had been harmed directly.

    The Court of Appeals sent the file to the Sincan 1st High Criminal
    Court after the decision. If the court accepts the decision, no case
    will be filed against the organizers of the campaign. In case of an
    appeal the file will be taken to the Court of Appeals General Criminal
    Council to reach a final decision.
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