‘Insulting Turkishness’ case reopens against bestselling author

Guardian Unlimited; Jul 07, 2006

A decision in Istanbul’s seventh high criminal court this week has
reopened the prosecution of bestselling Turkish novelist Elif Shafak
on charges of "insulting Turkishness". She faces a maximum jail term
of three years if convicted.

The charges were brought under Article 301 the Turkish criminal code,
which was also used in the prosecution of Orhan Pamuk earlier this
year. The charges were reportedly based on remarks made by a character
of Armenian ancestry in her novel, The Bastard of Istanbul – the
character describes the death of Armenians during the first world
war as a genocide. The case was thrown out last month after Shafak
argued that the book was a work of literature and that comments made
by fictional characters could not be used to press charges against
an author.

But following a complaint filed by Kemal Kerincsiz, a member of a group
of rightwing lawyers known as the Unity of Jurists, the seventh high
criminal court has overruled the decision not to proceed, reigniting a
process that could end with jail sentences for Shafak, her publisher,
Semi Sokmen, and her translator, Asli Bican.

"The situation in Turkey has changed since the introduction of
Article 301 last year," Sara Whyatt, director of the Writers in
Prison Committee at International PEN, told the Guardian today. "One
has seen mainstream writers such as Orhan Pamuk, Perihan Magden and
Elif Shafak being prosecuted.

"It seems to me that these prosecutions are being driven by a rightwing
element within the Turkish judiciary, which is concerned about the
Turkish application to join the EU," she added.

Whyatt did not expect Shafak’s case to be resolved quickly. "So far
nobody has been convicted under Article 301," she said, "but I think
the trials are intended to harass and intimidate these writers and
journalists. They often take many months and many hearings, often
accompanied by violence inside and outside the courts. Elif Shafak
is at the beginning of what could be a long and painful process."

She expressed dismay at recent events in Turkey – more than 60
writers and journalists have faced trial in the past year, many under
Article 301: "International PEN is calling for this prosecution to be
halted, and for the laws that allow for writers and journalists to be
prosecuted, simply for their writing, to be removed once and for all."

Writer and translator Maureen Freely, who attended the trial of
Orhan Pamuk earlier this year, described a campaign of choreographed
intimidation against writers and their supporters. "These prosecutions
are all being targeted by bands of disciplined fascists.

Although the police who are there have now undertaken to protect the
defendants, they first and foremost protect the fascist agitators and
give them an opportunity to harass and intimidate all those who have
gone to support fellow writers or observe the trial, both inside and
outside the court house."

She compared the atmosphere in Istanbul to Germany in 1935. "People
are getting a lot of intimidation," she said. "This is very sinister
and you have to ask, in a country which is ably governed, why this
is being allowed to happen."

Freely pointed to a resurgence in academia and the arts, and a
willingness to examine a wide range of subjects that have been
taboo: "There is a dynamic group of writers, academics, feminists
and publishers, some of whom have mixed ethnic backgrounds, who are
exercising their democratic rights to explore these issues."

These efforts were under-reported in the western media, which chose
to focus on the forces reacting to it, she said. "It’s a bit scary,"
she added, "but I’m impressed by what people are writing, singing and
publishing, and I just want to ensure that they are able to continue
to do so."

A date has not yet been set for Shafak’s trial.