Istanbul Court Clears Author Of Insulting Turkish Identity
By SEBNEM ARSU
The New York Times
September 22, 2006 Friday
Late Edition – Final
An Istanbul court on Thursday dropped charges against the writer Elif
Shafak of insulting Turkish identity in dialogues by the characters
in her latest novel.
In a 90-minute session, the court decided that substantial evidence
was lacking and abandoned the case. The case had been watched by
academics and supporters of Ms. Shafak in Turkey and abroad. The
European Union criticized the charges and monitored the case.
European Union nations have warned Turkey that putting writers and
intellectuals on trial for their statements could prevent it from
becoming a member.
Despite many measures the Parliament has passed so Turkey can qualify
for membership talks, Article 301 of the criminal code continues to
permit prosecutions for criticism of the state and Turkish identity.
The acclaimed Turkish writer Orhan Pamuk has faced prosecution
under the article, which carries a maximum penalty of three years
in prison. The charges against him were dropped after international
opposition to his prosecution. Ms. Shafak was accused by nationalistic
lawyers of insulting Turkish identity because an Armenian character in
her novel, "The Bastard of Istanbul," speaks of "Turkish butchers" who
killed his ancestors in 1915. The character uses the term "genocide."
Turkey refuses to accept the word "genocide" to describe the killings
of Armenians during that period.
Ms. Shafak, 34, an assistant professor of Near Eastern studies at
the University of Arizona, did not attend the trial after giving
birth to a girl on Saturday in Turkey. "The verdict is very pleasing
in terms of Turkey’s test of democracy and freedom of expression,
but incomplete as long as Article 301 remains as it is, open to
manipulation," she said by phone.
Lawyers who defend the decision to try her say presenting opinions
through fictitious characters should not be an excuse to assault
the state.
Joost Lagendijk, co-chairman of the Turkey-European Union Joint
Parliamentary Commission, said that, regardless of the outcome, every
case filed was a victory for Turkish opponents of the European Union.
Outside the court, a small group of protesters condemned Ms. Shafak.