TRANSLATORS STAND TRIAL IN TURKEY

OhmyNews International, South Korea
Nov 8 2006

Government’s war on freedom of expression extends beyond writers

Turkish translators and publishers facing charges for insulting
the state have called for international solidarity for freedom of
expression.

The Professional Association of Turkish Book Translators (CEVBIR)
has launched a campaign to stop publishers and translators from being
tried under the articles of the penal code on insulting the Turkish
state and Turkishness.

Currently, three translators, two editors and one publisher face
charges for the publication of two books.

In its declaration, the translators association states that "the
translator does not express an opinion of his/her own, s/he has to
abide by what is written by the author," and thus "cannot be held
responsible for the content of the text s/he has translated."

"We move from the maxim that a book, regardless of its content,
should not be tried unless it contains an explicit and direct call for
violence and war. In our association, we do not defend translators on
the basis of our ideologies. Our members share diverse worldviews. But
our concern is to ensure that translators practice their profession
without any fear of becoming their own censurers or prosecutors,"
said Tuncay Birkan, the association’s president.

Legal Basis for the Indictments

The association explains that the Turkish law regarding intellectual
and artistic property views literary translators as the owners of a
"derivative work." In cases where the owner of the original work
does not reside in Turkey or is outside Turkish jurisdiction, the
translator becomes subject to prosecution as "the owner of the work."

This is made possible under the articles of the penal code on "crimes
committed through publications" (i.e., "to humiliate the state, to
insult the military forces, to deliver separatist propaganda, etc.")
and the press law.

Criticizing this interpretation of a translator as the owner of the
work, members of the association think that following this reasoning,
"anyone could be brought before the court, from cover designers to
those printing them in printing houses, and even readers."

Current Cases

Translators Lutfi Taylan Tosun and Aysel Yildirim, along with the
owner of Aram Publications, are currently standing trial for the
Turkish translation of John Tirman’s "Spoils of War: the Human Cost
of America’s Arms Trade," which was published in 2005. They were
charged under several articles of the penal code, including Article
301 on the denigration of Turkishness, the republic and the foundation
and institutions of the state, as well as articles concerning the
protection of the memory of Mustafa Kemal Ataturk, the founder of
the Republic.

If found guilty, the translators and the publisher face up to seven
and a half years in jail.

Translator Ender Abadoglu and the owner and two editors of Aram
Publications are also standing trial under Article 301, and under
Article 216, for the translation of "Manufacturing Consent: the
Political Economy of the Mass Media" by Noam Chomsky and Edward S.

Herman, published by Aram Publications in March.

The book is purported to accuse Turkey of genocide against its own
population, having incited people living in the southeast to hatred
and hostility.

Abadoglu, the publisher and the editors all face up to six years
in prison.

Previously, an investigation was carried out regarding Elif Shafak’s
"The Bastard of Istanbul." Charges were filed against the author,
translator Asli Bicen and publisher Semih Sokmen for comments
characters in the book made about the mass killings of Armenians in
the final years of the Ottoman Empire. Later, the charges against
Bicen and Sokmen were dropped because the author resides in Turkey.

Bicen said, "A translator under threat of being tried has either
to self-censure when translating a book or give up translating
it totally." Bicen asked readers: "Do you want to give up reading
translated texts? Not having read Dostoyevsky, Edward Said or Chomsky
even once?"

Many translators share this view, stating that during their careers
they translate numerous texts from authors with whom they do not
agree. The association emphasizes this point: "We do not have to agree
with the statements about ‘genocide,’ Ataturk’s nationalism, etc. in
the books, but it is our duty to protest strongly when the authors,
publishers and especially the translators of these books start to be
tried in the courts."

Article 301 and 216

Translators and publishers have been tried under Article 301 of the
penal code like many other writers, including Orhan Pamuk, the winner
of this year’s Nobel literature prize, who claimed that "one million
Armenians and 30,000 Kurds were killed in Turkey."

Journalist Perihan Magden also faced prosecution due to a newspaper
column she published in December 2005 in which she defended the
principle of conscientious objection and the refusal to perform
military service.

Both authors were acquitted.

Article 301 has been criticized due to its vagueness, which can be
interpreted in ways that could criminalize a wide range of critical
opinions. Paragraph four of the article states that "expressions of
thought intended to criticize shall not constitute a crime." However,
the attempt to draw a distinction between criticism and denigration
is considered problematic. Many are concerned that the ambiguity
would lead to arbitrary interpretation of the article by prosecutors
and judges.

This article is not the only one in question. Articles 1 and 2 of the
law numbered 5816 prohibit publicly insulting the memory of Mustafa
Kemal Ataturk, prescribing one to three years imprisonment.

Article 216 of the Turkish penal code prohibits the incitement to
hatred and enmity of one group of the population against another
group of a different social class, race, religion, sect or region. In
the event of an open and immediate danger regarding public security,
the law prescribes one to three years imprisonment.

Translator Tosun said, "In Western media, the problem was brought up
through famous names such as Orhan Pamuk and Elif Shafak and Article
301. However, the restrictions on the freedom of expression in Turkey
are not confined to Article 301. Writers, translators and publishers
are relatively fortunate in terms of attracting media attention from
the West. But there are many other politicians, NGO activists, women,
and religious and ethnic minorities under pressure, who do not attract
much media attention."

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