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.