WRITER DEFENDS HIMSELF AGAINST MINISTER’S ACCUSATIONS IN A FREEDOM OF EXPRESSION CASE
BIA
Dec 11 2008
Turkey
Writer Temel Demirer, who was made a target of hate by the latest
statements of Mehmet Ali Å~^ahin, Minister of Justice, about his
case, defended himself by claiming that the minister has distorted
his words. The minister has just recently given the permission for
the trial of the writer under article 301, designed to restrict the
freedom of expression.
Temel Demirer, who is on trial under article 301 of the Penal Code
(TCK) because of the permission granted by Mehmet Ali Å~^ahin,
Minister of Justice, said the minister was distorting his words.
Demirer is accused of "denigrating the Turkish Republic" and "inciting
to hatred and hostility" for saying that Hrant Dink was not only
killed for being an Armenian, but for recognizing the genocide as well.
The Justice Minister had claimed that Demirer’s words were inviting
everyone to commit crime against the state by calling the state
murderer, having a negative influence on people.
Previously, the minister had made the following comment about Demirer’s
case that "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 was 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 this article describes as the
crime of insulting the person of the state."
Å~^ahin who cannot let anyone call the state murderer apologized
for Ceber’s death Demirer’s lawyers had accused the minister for
putting their client’s life in danger by making him a target of hate
and interfering with the trial process. Demirer is facing two years
in prison.
Saying minister’s latest statement does not reflect the reality,
Demirer claims that he did not talk about his thoughts, but actual
facts within their historical context and the state was disturbed
by this.
"Everyone knows how I speak and write about the facts; how can writing
about the facts be hurtful and provocative?"
Demirer says minister’s attitude is contradictory since the same
minister who makes him a target by saying that he calls the state
murderer apologized about the murder of Engin Ceber while he was
detained.
Article 301 permission to the cases trying the "marginal and radical
leftist" magazines So far 462 files have been sent to the Ministry
of Justice and Å~^ahin gave permission to 58 of them. Some of them
are still not decided and about 260 of them were denied.
The minister says that those that are given permission to be tried
under article 301 make up only 19 percent of the total and those
cases that target the press members are only 8 percent. He says these
numbers were much higher before.
Saying some of the cases for which he granted permission are marginal
and radical leftist magazines, Å~^ahin says, "Some of the statements
are so mean that only one’s enemy can write them. Only the enemy can
write those statements against the State and the Armed Forces. We allow
the trial to go on in these cases. One writes such comments that they
disturb you, I mean they insult. That is why we grant permission,
but it is the judiciary that will make the final decision. I do not
decide, I cannot say if he is guilty, because I am not the judge."
"He is making a call for committing crime, violence and terror…He
said ‘I expressed my opinion, and they gave trial permission against
me’. Then I asked what he said, why I allowed for this trial. I
explained what they said. I interpreted them as an invitation to
violence and terror. Of course the court itself will decide."
Demirer is on trial for the speech he gave at the 7th Munzur Culture
and Nature Festival in the province of Tunceli and is accused of
"doing propaganda of a terrorist organization." The next hearing of
the case will be on February 12, 2009.
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