JUSTICE MINISTER’S COMMENTS JEOPARDIZE ARTICLE 301 SUSPECT TEMEL DEMIRER’S SAFETY
Erol ONDEROÄ~^LU – hukuk@bianet.org

BIA
Nov 20 2008
Turkey

The Ankara Initiative for Freedom of Thinking demanded resignation
of Minister of Justice Mehmet Ali Å~^ahin for declaring Temel Demirer
guilty under article 301 before he was even tried.

The Ankara Initiative for Freedom of Thinking demanded resignation
of Minister of Justice Mehmet Ali Å~^ahin for talking negatively
about Temel Demirer for whom he granted the permission to be tried
under article 301 of the Penal Code (TCK). Mehmet Ali Å~^ahin made
the following comment that "I cannot let someone call my state
"murderer". This is not freedom of expression. This is exactly the
crime of insulting the person of the state."

Condemning Å~^ahin with a written declaration, Demirer’s lawyer
Filiz Kalaycı argued that the minister was using the right of giving
permissions for the article 301 cases as he was given "the power to
make judgments by putting himself in place of the judiciary."

Initiative: Minister Å~^ahin should ask Vecdi about the "genocide"
The minister said the following about the reactions by some
media institutions against the permission he granted for Demirer’s
prosecution: "They do not pay attention to the things this person has
been saying, but when a lawsuit is filed, they feel sorry for him. This
person said Turkey is a murderous state. He says the Turkish state
first murdered the Armenians and will now murder the Kurds. Sorry,
but I cannot let anyone call my state a murderous state. This is not
freedom of expression. This is what article describes as the crime
of insulting the person of the state."

According to the Initiative, the Minister of Justice has already
declared Demirer guilty, without waiting for the outcome of the
trial. "If it is a crime to say ‘yesterday they took our Armenian
brothers through the process of genocide, today they are doing the same
to our Kurdish brothers. Let us object to this’ then Minister Å~^ahin
should ask Vecdi Gönul about the genocide, since he confirmed it with
his words that "Thanks to it, we established today’s nation-state."

Kalaycı: Å~^ahin is responsible for Demirer’s safety Lawyer Kalaycı
pointed out to the Constitution and reminded Å~^ahin the 25th and
26th articles that guarantee the freedom of expression and belief, the
138th article that emphasize the independence of the courts. She also
mentioned the 10th article of the European Human Rights Conventions
(EHRC).

Kalaycı argue that Å~^ahin has abused his position and that not only
Å~^ahin’s statement shows how far present government’s patience goes,
but it also prepares the groundwork for further tensions.

"In order not to experience new sufferings, not to be subject to the
new murder plans of the dark hands and have more democracy and freedom,
we invite everyone who want a bright future for this country to show
their reaction and ask the prosecutors to do their job by launching
an investigation about the minister."

"When Hrant Dink’s memory is still fresh in our hearts, the Minister of
Justice has put our client’s life in danger by making him a target. We
will hold the Minister responsible for any attempt at his safety."

Kalaycı reminded the Minister of Justice the AktaÅ~_/Turkey
(Application No: 23168-94) and Senator Miguel Castells decisions of
the European Court of Human Rights (ECHR). The ECHR held Senator
Castells had criticized the unknown murders (faili mechul) in the
Bask region of Spain and held the government responsible.

–Boundary_(ID_WaDAyC+UU6ODEEsIa/w50 A)–