INTERNATIONAL PEN’S REACTION AGAINST ORHAN PAMUK’S INDICTMENT
Federation Euro-Armenienne (Communiques de presse), Belgium
Sept 12 2005
International PEN greets with shock the news that the world-famous
Turkish writer, Orhan Pamuk, will be brought before an Istanbul court
on 16 December 2005 and that he faces up to three years in prison
for a comment published in a Swiss newspaper earlier this year.
The charges stem from an interview given by Pamuk to the Swiss
newspaper “Das Magazin” on 6 February in which he is quoted as saying
that “thirty thousand Kurds and a million Armenians were killed in
these lands and nobody but me dares to talk about it.” Pamuk was
referring to the killings by Ottoman Empire forces of thousands
of Armenians in 1915-1917. Turkey does not contest the deaths,
but denies that it could be called a “genocide”. His reference to
“30,000” Kurdish deaths refers to those killed since 1984 in the
conflict between Turkish forces and Kurdish separatists. Debate on
these issues have been stifled by stringent laws, some leading to
lengthy lawsuits, fines and in some cases prison terms.
Article 301/1 of the Turkish Penal Code under which Pamuk will be
tried is a case in point. PEN sees it extraordinary that a state that
has ratified both the United Nations International Covenant on Civil
and Political Rights, and the European Convention on Human Rights,
both of which see freedom of expression as central, should have a
Penal Code that includes a clause that is so clearly contrary to these
very same principles. To quote Article 301/1: A person who explicitly
insults being a Turk, the Republic or Turkish Grand National Assembly,
shall be imposed to a penalty of imprisonment for a term of six months
to three years. To compound matters, Article 301/3 states,
Where insulting being a Turk is committed by a Turkish citizen in a
foreign country, the penalty to be imposed shall be increased by one
third. So, if Pamuk is found guilty, he faces an additional penalty
for having made the statement abroad.
International PEN International Secretary Joanne Leedom Ackerman
states that “International PEN is deeply concerned by the efforts
of the public prosecutor to punish and therefore curb the free
expression of Orhan Pamuk, not only in Turkey, but abroad.” She
adds that “It is a disturbing development when an official of the
government brings criminal charges against a writer for a statement
made in another country, a country where freedom of expression is
allowed and protected by law.”
The trial against Pamuk is likely to follow the pattern of those
against other writers, journalists and publishers similarly
prosecuted. Karin Clark, Chair of PEN’s WiPC, points out that
“PEN has for years been campaigning for an end to Turkish courts
trying and imprisoning writers, journalists and publishers under
laws that clearly breach international standards to the Turkish
government itself has pledged commitment.” Although the numbers of
convictions and prison sentences under laws that penalise free speech
has declined in the past decade, PEN currently has on its records
over 50 writers, journalists and publishers before the courts. This
is despite a series of amendments to the Penal Code in recent years
which were aimed at meeting demands for human rights improvements as a
condition for opening talks into Turkey’s application for membership
of the European Union. The most recent changes were enacted in June
this year. Journalists in Turkey have staged protests against the fact
that there remain considerable problems in the revised Penal Code. In
April, International PEN joined its the International Publisher’s
Association in a statement to the United Nations Commission on Human
Rights which described the newly revised Penal Code as “deeply flawed.”
Pamuk is one of Turkey’s most well known authors, whose works have
been published world-wide in over 20 languages. In 2003, he won
the International IMPAC award for “My Name is Red”. His 2004 novel
“Snow” has met with similar acclaim. His most recent book, “Istanbul”,
is a personal history of his native city.
In early 2005, news of the interview for which Pamuk will stand trial
led to protests and reports that copies of his books were burned. He
also suffered death threats from extremists. PEN members world-wide
then called on the Turkish government to condemn these attacks.
RECOMMENDED ACTION:
Send appeals to authorities: – expressing concern that Pamuk is
to be tried for a statement made in an interview for an overseas
publication – pointing out that this is in direct contravention of
the United Nations Covenant on Civil and Political Rights and the
European Convention on Human Rights, to which the Turkish government
is a signatory – protesting the decision to bring Pamuk to trial
APPEALS TO:
Prime Minister Racep Tayyip Erdogan TC Easbaskanlik Ankara, Turkey
Fax: +90 312 417 0476
Cemil Cicek Minister of Justice TC Adalet Bakanligi Ankara, Turkey
Fax: +90 312 417 3954
Similar appeals should be sent to the Turkish Embassy in your own
country. (WiPC/IFEX, September 2, 2005)
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