Turkish court acquits author Perihan Magden
Guardian Unlimited; Jul 28, 2006
Turkish writer and journalist Perihan Magden has been acquitted of
charges under Article 301 of the Turkish consitution.
Istanbul’s second criminal court of first instance ruled yesterday
that an article defending the rights of a conscientious objector
amounted to "heavy criticism conveyed within the scope of freedom of
expression" and did not constitute a crime.
In her column, published in the weekly Yeni Aktuel magazine last
December, Magden defended conscientious objector Mehmet Tarhan who was
sentenced to a record four-year term in a military prison for
disobedience after refusing to wear his military uniform. She argued
that Turkey needed to establish a civilian service as an alternative
to compulsory military conscription.
Conscription in Turkey is obligatory for men over 20, and the country
does not recognise the right to conscientious objection. Objectors
have also been prosecuted on charges of turning people against the
military. Magden faced up to three years in prison had she been
convicted.
Despite pressure from the EU – which Turkey hopes to join – to improve
freedoms, the Turkish government has no plans to change such laws,
saying where appropriate the charges are eventually dropped and
defendants are acquitted. EU officials argue that even if charges are
dropped, the threat of prosecution remains as a deterrent, and stress
that freedom of speech is a "key principle" in determining a state’s
eligibility to join the EU.
Magden is one of a string of writers and journalists to stand trial
for expressing opinions. Earlier this month the case against the
bestselling author Elif Shafak, charged under Article 301 for
"insulting Turkishness" in her latest novel, was reopened.
The novelist Orhan Pamuk faced similar charges for commenting on the
mass killings of Armenians by Turks around the time of the first world
war. The charges against Pamuk were dropped for technical reasons late
last year amid intense international pressure.