Turkish writer in court for book controversy
by Dorian Jones in Istanbul
Radio Netherlands
20-09-2006
Turkey is once again sending a controversial message to Europe about
its views on human rights. In the past year many of the country’s
leading writers and journalists have been prosecuted because of
speeches and writings that "denigrate Turkishness". But next week,
for the first time, an author is on trial not for what she wrote,
but rather for the words spoken by a fictional character in her latest
novel. The author, Elif Safak, faces six months in jail if convicted.
In a cafe in central Istanbul Elif Safak receives words of support
from customers. She is one of the most well-known of Turkey’s new
generation of writers, who have led the way in challenging the
country’s social taboos.
Character
Her latest book is a heady combination of sexual abuse and memories
of an historical tragedy. But now she is facing a possible jail
sentence. Safak is being prosecuted for a speech made by a character
in her latest book – a speech that accuses Turks of committing genocide
against the Armenians 90 years ago.
Prosecutors believe the novel violates Article 301 of the country’s
penal code, which criminalises insults against Turkishness. Safak
says the case is another worrying step in the silencing of expression
in Turkey.
"I think it is so absurd, it is so surreal, because we are talking
about a work of fiction, we are talking about a novel. Until today
Article 301 has been used as a weapon to silence many people, but in
another sense my case is very unusual because it is fiction."
"If Article 301 is going to be interpreted like this, we cannot
write novels in this country anymore, you cannot do movies in this
country anymore."
Article 301
Nationalists tried to attack writer Perihan Magdan while she attended
her court case earlier this year.
Magdan, like Safak, was prosecuted for her writings.
In the last year, Article 301 has been used in 80 cases filed against
writers and journalists. In all the cases they were filed not by the
state but by individual nationalist lawyers.
Most of the cases have ended in acquittal and no one has been
jailed. But the prosecutions have led to growing criticism by the
European Union – making it a sensitive issue because Turkey is seeking
to join the EU.
Earlier this month a European Parliament report sharply criticised
Turkey. Joost Lagendijk (see photo) the head of the European
Parliamentary committee on Turkey and a Dutch MEP says the country
has to change its ways.
"The best thing would be for the government to take an initiative and
bring forward the change in the penal code to parliament and delete
the whole article. But they say, look at the end result, there is
an acquittal in most cases, so there is an ongoing debate. But I am
trying to convince them. There are a still a lot of cases and new
cases are opened."
Recall
Later this month the Turkish parliament is due to be recalled early
from summer recess to pass EU reforms.
But changing Article 301 is not a priority, according to EU membership
minister Ali Babacan. He says Brussels should be patient.
"We strongly believe that this will be resolved in time but it is not
easy, because the political reforms are easier to do on paper. It is
sometimes easier to just pass the law through the parliament, do the
constitutional amendments. But also it is a reform in the mentality,
it is cultural change that we have to go through which is naturally
taking time."
But Elif Safak doesn’t have time on her side. She has to stand
trial. In a sad twist of fate, she is due to give birth on the very
day she’s due in court. But she says if she can, she will attend
the hearing.
Tough day
Safak is now bracing herself for what she expects to be a tough day.
"The worst thing about this trial is not the actual trial itself but
the jingoist, the nationalist discourse surrounding it. As you walk
inside the courtroom, people are waiting outside chanting slogans,
using verbal and physical violence. Those things are very unnerving
and those are things that makes one feel lonely and vulnerable and
that is the part that hurts most."
The prosecution of Safak will be another blow to Turkey’s record on
human rights. There is growing concern in Brussels that Ankara has
lost its appetite for reform. With every new prosecution questions
are likely to continue to grow over whether EU membership talks can
continue with Turkey.