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Author Orhan Pamuk to face trial for "public denigration" of Turkish identity

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 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 Orhan Pamuk to the Swiss newspaper Das Magazin on 6 February 2005 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 Orhan 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.

Joanne Leedom Ackerman, International Secretary of International PEN 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 Orhan Pamuk is likely to follow the pattern of those against other writers, journalists and publishers similarly prosecuted. Karin Clark, Chair of PEN’s Writers in Prison Committee 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".

Orhan 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.

PLEASE SEND APPEALS:

**Expressing concern that Orhan Pamuk is to 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;

**Therefore protesting the decision to bring Orhan 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.

For further information please contact Sara Whyatt at the Writers in Prison Committee of International PEN, Tel: +44 (0) 207 253 3226; Fax: +44 (0) 207 253 5711;
email: swhyatt@wipcpen.org

update:

23 January 2006
INTERNATIONAL PEN CALLS ON TURKISH AUTHORITIES TO END ALL TRIALS AGAINST WRITERS FOLLOWING DECISION TO DROP PROCEEDINGS AGAINST ORHAN PAMUK

The news that the Ministry of Justice decided yesterday that the trial against the world-famous Turkish writer Orhan Pamuk will not proceed is greeted with relief by International PEN members world wide. Yet it does little to assuage PEN’s concerns that the right to freedom of expression in Turkey is severely curtailed by the existence of laws that penalise debate on "taboo" topics.
During the past 12 months, PEN has monitored over 60 cases of writers, journalists and publishers who were brought before the courts or faced with prosecution for their writings. Around 15 of these are currently on trial on charges of "insult" under Article 301, similar charges to those levied against Orhan Pamuk. Some recent notable cases include: the editor of an Armenian magazine, Hrant Dink, accused of insult to the State; five journalists accused of "interfering" with the judiciary for their comments on attempts to ban a conference, and publisher Abdullah Yilmaz who is to go on trial for a novel set in early part of the last century.
On 9 February, there will be another in a series of hearings against Hrant Dink editor of the Armenian language Agos magazine, whose trial opened in April last year, nine months ago. His "crime" was to make comments at a conference in which he expressed his belief that a phrase in the Turkish national anthem was discriminatory. Originally charged under the old penal code before it was amended in June 2005, the court decided to continue with his case, transferring it to the new penal code Article 301. Dink faces up to three years in prison. In another case that concluded in October, Dink was sentenced to a six months suspended prison sentence for an article that discussed the impact on present day Armenian diaspora of the killings of hundreds of thousands of Armenians by the Ottoman army in 1915-1917.
As a result, new charges were opened against Hrant Dink and three others writing for Agos in December 2005 for an article that challenged Dink’s October conviction. The four are accused of attempting to "influence the judiciary" under Article 288 of the Penal Code.

Commentators are surprised to see the emergence of the application of Article 288 of the Penal Code that is designed to protect the courts from outside influence yet is now being used to penalise legitimate comment on the judicial process. A notable case is that of five journalists working for the mainstream press who will appear in a court in Istanbul on 7 February. All are accused for their articles on a conference of Turkish historians on the Armenian tragedy. The conference was postponed after it was banned by a court order, eventually taking place at the end of September. However Ismet Berkan, Erol Katirciolgu, Murat Belge, Haluk Sahin and Hasan Cemal will still be brought before a court in two weeks time. Four of the five are additionally accused under Article 301 for "insult to the state" for the same articles of the same law under which Orhan Pamuk was charged.

In early April, the editor of the Literatür Publishing House, Abdullah Yilmaz, will be brought to trial under Article 301 for the book by the Greek writer Mara Meimaridi entitled The Witches of Smyrna. The book is a novel set in the last years of Ottaman rule in Izmir (known in Greek as Smyrna). Scenes in the book that describe some parts of the Turkish quarter of Izmir as dirty is seen to be "denigrating to Turkish national identity". What is surprising is that the book has already been print for a year, selling 50,000 copies in Turkey, and 100,000 in Greece, with a film adaptation under way.

These are just some of the cases that are currently causing concern in Turkey. Although, to date, the trials have not ended with long prison terms, acquittals are not assured, and the result is often fines and suspended sentences. This is a great improvement to the situation in the 1990s when hundreds of writers and journalists were sent to prison, often for many years. Yet this does not lessen the impact of the present situation where judicial harassment is now used to silence criticism of the Turkish state. These trials take months to complete, involving many hearings, causing extensive disruption to the lives of the defendants, bearing with them emotional as well as financial stress. That eminent writers and publishers, as well as mainstream journalists, are not immune from prosecution serves to send a strong warning to anyone who dares to consider writing on issues considered "taboo". These include comments on the mass killings of the Armenian population in the early 20th century, that suggest that the Turkish state and army has carried out human rights abuses, or even simply reporting frankly on the outcome of trials. While there are court cases against writers, journalists and publishers who challenge "taboos" and while there exist laws that enable them to be prosecuted, International PEN will continue to call for an end to all trials of those accused solely for having practised their right to freedom of expression. It calls on the Turkish
authorities to take note of the international indignation at the court hearings against Orhan Pamuk and to take the opportunity to review Turkish legislation with the aim of the possibility of future trials once and for all.

PLEASE SEND APPEALS:

**Welcoming the decision not to proceed with the trial against Orhan
Pamuk;

**Pointing out that there are many other writers, journalists and
publishers on trial for similar "offences";

**Noting that these trials are 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;

**Therefore calling for an end to all prosecutions of those who
practice their right to freedom of expression and that there be a
further review of Turkish legislation with a view to removing from
its remit any possibility for future such trials.

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.

For further information please contact Sara Whyatt at the Writers in
Prison Committee of International PEN, 9/10 Charterhouse Buildings,
London EC1M 7AT, United Kingdom. Tel: +44 (0) 207 253 3226 Fax: +44
(0) 207 253 5711 email: swhyatt@wipcpen.org