European Tribune

Turkish Novelist Elif Shafak Acquitted of Insulting Nation

by Alexander G Rubio
Thu Sep 21st, 2006 at 11:48:23 AM EST


Elif Shafak
Elif Shafak, the Turkish novelist charged, under Article 301 of Turkish law, with "insulting Turkishness", was acquitted today, at the behest of the prosecutor.

Had she been found guilty, the author, who was unable to attend the court in person, having given birth to her first child on Saturday, would have faced up to three years in jail for a crime committed by one of the characters in her books "The Bastard of Istanbul", who referred to the massacre of Armenians in the first world war as genocide, which, although widely accepted internationally, is still vigorously denied by the Turkish state.

Her case mirrored that of novelist Orhan Pamuk, who stated that "a million Armenians and thirty thousand Kurds had been killed in Turkey," in an interview with a Swiss newspaper in 2004, for which he was put on trial. An international outcry and diplomatic pressure from the EU probably played a part in his ultimate acquittal.

Promoted by Colman. Note that it's calling the massacre genocide that's denied, not the fact of the massacres, though there is argument about the actual numbers involved.


Article 301 of the Turkish penal code criminalises the "public denigration" of Turkishness, the Turkish Republic, the Grand National Assembly, the government, judiciary, military and security services. All this would be bad enough in itself. But the terms of the law are so broad as to be applicable to just about any opinion critical of the establishment. Since its introduction last year, more than 60 writers have been charged under the law. With few of them having the benefit of Pamuk's or Shafak's high profile.

At today's session in court, the the prosecutor used his power under the law to request an acquittal, saying that no crime had been committed, to which the judge concurred.

The EU has warned Turkey that prosecuting writers who express their opinion is hurting its bid for membership of the 25-member bloc. Mainly-Muslim Turkey began the decade-long accession process on Oct. 3, pledging to strengthen human rights.

``I'm happy for Elif Shafak, but the demand to abolish article 301 is still there,'' Joost Lagendijk, a Dutch member of the European Parliament who attended today's trial, said in a telephone interview. ``Each court case brought on the basis of article 301 is a victory for those who don't want Turkey in the EU.''

[...]

``Writers should be answered in writing, not treated like armed criminals,'' Shafak told NTV television today after the case was dismissed.


The nationalist protesters were not
pleased at what they saw as knuckling
under to EU demands
Not everyone was jubilant at the news though. The Union of Jurists, a group of ultra-nationalist lawyers, led by Kemal Kerincsiz, which has had a hand in a number of other related prosecutions, among them the one directed at Pamuk, were not pleased at the development.

They had organised a protest outside the court, brandishing EU flags with swastikas. For them the risk that the case, and ones like it, could jeopardise Turkey's chances of eventually joining the EU, which has become a source of controversy in later years, was simply an added bonus.

``We believe it's our responsibility to bring Elif Shafak and others who curse our national values to justice,'' said Kerincsiz in a telephone interview. ``We would be very pleased if this meant the EU didn't take us.''



This article is also available at Bitsofnews.com.


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Now, who else has archaic laws that could be used for mischief?

All of these prosecutions are being taken privately by anti-EU reactionaries. They're delighted they're getting so much coverage.

by Colman (colman at eurotrib.com) on Thu Sep 21st, 2006 at 11:43:47 AM EST
there will be a steady stream of such indictments. I've heard there are about 200 non-celebrities awaiting trial for trying to change turkish attitudes.

At some point there will have to be a national reconciliation with what happened in Armenia as this is silly. These trials and their wilful refusal to address their past is what is insulting turkey. Not what was done by an exhausted collapsing empire from whose ashes modern turkey arose.

Still, silly is as silly does.

keep to the Fen Causeway

by Helen (lareinagal at yahoo dot co dot uk) on Sat Sep 23rd, 2006 at 12:29:18 PM EST


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