AZG Armenian Daily #102, 04/06/2005
Turkey
TRIAL OVER LAWYER AYHAN TO LAUNCH IN ANKARA
He is Charged With Uttering ‘Armenian Massacres’
Daily Azg has informed the readers about the new Turkish penal
code which prosecutes for recalling the Armenian Genocide. In an
article titled “Lawsuit for Uttering Armenian Massacres” on June 3
Milliyet newspaper confirmed our information. The person to stand
the trial was lawyer Medeni Ayhan who made a speech at the session
of the Union of Lawyers of Ankara on October 17 2004 where he said,
“As a representative of Kurdish nation and a citizen of Kurdistan I
defend Kurds’ right for an independent state”.
Basing on these words of Ayhan, the Prosecutor’s Office of Ankara
filed a lawsuit against him in February applying the 312d article
of the old penal code as the new one was not yet in force. Following
the new penal code the same Prosecutor’s Office accused Ayhan for the
following sentence: “The Ottoman Empire carried out the massacre of
one and a half million Armenians by the hands of Hamidian horsemen
and Ittihat Party members. I sympathize with the Armenian people and
bow my head in homage to the victims”.
The statement about the “Armenian massacres” gave the Ankara
prosecutor’s Office a cause for the second lawsuit against Ayhan
this time applying the 216th article of the new penal code, which
is the replication of the 312d article, Milliyet claims. Though the
chairman of Ankara’s Union of Lawyers, Vedat A. Josar, said concerning
Ayhan’s speech that “even astonishing ideas may have adherents”, the
Supreme Headquarters of Turkish armed forces brought a suit against
the defendant applying the 305th article of the penal code.
This means that along with the expression “Armenian genocide” the
“Armenian massacres” is also viewed as a penal action prosecuted by two
— 216 and 305 — articles. The trial of lawyer Medeni Ayhan launched
yesterday and is proceeding in accordance with the new penal code.
Milliyet points out that it was in the first time in the country that
“opining for the fact of Armenian massacres” is considered a crime. “If
Ayhan is condemned for his views then the 216th article of the new
penal code can be applied for those putting forward views opposing
the state thesis. Thus, many intellectuals holding to different views
than the official one will face trial as Ayhan”.
By Hakob Chakrian