IFEX
- News from the international freedom of expression community
_________________________________________________________________
JOINT ACTION - TURKEY
23 June 2008
IPA and WiPC condemn conviction of publisher over book on Armenian
question
SOURCE: International Publishers' Association (IPA), Geneva; Writers in
Prison Committee (WiPC), International PEN, London
(IPA/WiPC/IFEX) - The following is a 19 June 2008 joint IPA and WiPC press
release:
Article 301 TPC: International writers and publishers strongly condemn the
sentencing of Publisher Ragip Zarakolu for "insulting the State"
Geneva, London 19 June 2008 - The International Publishers Association
(IPA) and the Writers in Prison Committee of International PEN strongly
condemn the sentencing of publisher Ragip Zarakolu in Istanbul on 17 June
2008 for "insulting the State" (Article 301 TPC) to a five-month
prison sentence, reduced to a fine.
The organisations are especially alarmed that this is the first conviction
since this article was slightly amended on 30 April 2008, after over 1,000
people, including writers, publishers and journalists, have been brought
to the courts in the three years since its inception in 2005. IPA and PEN
have been calling for the repeal of this law ever since it was presented
in draft form, and are deeply disappointed that rather than remove this
legislation, the amendments are simply cosmetic.
Around 29 writers and journalists are on trial today under Article 301.
They are among a total of 79 charged under a range of laws that impinge on
the right to free speech, including Article 318 that has led numerous
commentators on conscientious objection to the courts, and a raft of
articles under Anti-Terror legislation and against "incitement"
that have been used against writers on the Kurdish issues. There is
clearly much more to do to bring Turkey in line with its international
requirements that safeguard free expression.
Ragip Zarakolu, recipient of the 2008 IPA Freedom to Publish Prize and an
Honorary Member of several PEN Centres worldwide, has said that he will
appeal the sentence and is determined to go as far as the European Court
of Human Rights, if need be. IPA and PEN support him in demanding that he
be acquitted on appeal and urge the Turkish Judiciary to complete this
trial swiftly, efficiently and fairly.
The case leading to the conviction of Ragip Zarakolu was initiated in
December 2004 for the publication of London-based author George Jerjian's
book, entitled: "The truth will set us free/Armenians and Turks
reconciled". The first hearing of this case took place in Istanbul on
16 March 2005 and since then there have been more than ten hearings. Ragip
Zarakolu was originally charged under Article 159 TPC, which criminalized
acts that "insult or belittle" various state institutions. This
article was abolished in 2005 and replaced with the now notorious Article
301. In some cases, defendants on trial under Article 159 benefited from
the changes by having their cases closed, but this was not so for
Zarakolu. Instead, he found that his trial continued under the new law.
When Article 301 was slightly amended on 30 April 2008, Zarakolu hoped
that this time the case would be dropped, or at the very least referred to
the Ministry of Justice for review as now provided under the amendments.
However, the judge ruled that, as Zarakolu was tried under the old Penal
Code Article 159, the new amendments do not pertain.
Observers believe that Zarakolu is being singled out by the more
conservative elements of the judiciary because of his decades of struggle
for freedom of expression, and particularly his promotion of minority
rights. Throughout his life, Ragip Zarakolu has been subjected to a series
of long, time-consuming and expensive court hearings. The conduct of the
trial in itself took the form of harassment and punishment against the
defendant for daring to produce works that touch on sensitive issues, such
as the Armenian question, and Kurdish and minority rights.
The sentencing of Ragip Zarakolu shows that the recent cosmetic change to
Article 301 TPC was not enough to put an end to freedom of expression
trials in Turkey. Turkish legislation (new Article 301, Law 5816, etc.)
must be amended or repealed to meet international standards, including the
Charter of Fundamental Rights of the European Union.
Ragip Zarakolu will be awarded the 2008 IPA Freedom to Publish in
Amsterdam on 18 September 2008 during the opening ceremony of the
International
Seminar on Neo-censorship (18-20 September 2008). This seminar is part of
the Amsterdam World Book Capital 2008 programme. For more about the
seminar, please see:
http://www.amsterdamworldbookcapital.com/index.cfm?page=agenda&y=2008&m=9&d=18
IPA, established in Paris in 1896, represents the publishing industry
worldwide through 65 national, regional and specialised publishers
associations in 53 countries. International PEN was founded in 1921 in
London. It is represented worldwide through 140 centres in over 100
countries. Both organisations are accredited Non-Governmental
Organisations enjoying consultative status to the United Nations and seek
to promote and defend the fundamental freedoms to publish, to read and to
write, defending the rights of authors and publishers to create and
distribute intellectual works in complete freedom.
RECOMMENDED ACTION:
Send appeals to the Turkish prime minister:
- expressing alarm at the conviction of Ragip Zarakolu on charges that are
in direct denial of his right to freedom of expression
- pointing out that Article 301 of the Turkish Penal Code is not
compatible with Article 10 of the European Convention on Human Rights and
Article 19 of the International Covenant on Civil and Political Rights,
both of which protect the right to free expression and to which Turkey is
a signatory
- referring to the existence of numerous other laws in Turkey that are
used against writers and journalists in the legitimate practice of their
right to freedom of expression
- calling for there to be a further review of Turkish legislation to
remove from its remit all possibility of trials and convictions that
breach the international standards to which Turkey is committed
APPEALS TO:
Prime Minister Recep Tayyip Erdogan
Office of the Prime Minister
Basbakanlik
06573 Ankara
Turkey
Fax: +90 312 417 0476
Please copy appeals to the source if possible, and to the Turkish
ambassador in your own country. To find the address:
http://www.embassyworld.com/embassy/turkey
Updates the Zarakolu case arising from George Jerjian's book:
http://www.ifex.org/en/content/view/full/94637
For further information, contact IPA, 3, avenue de Miremont, Ch-1206,
Geneva, Switzerland, tel: +41 22 346 3018, fax: +41 22 347 5717, e-mail:
krikorian@ipa-uie.org,
secretariat@ipa-uie.org,
Internet:
http://www.internationalpublishers.org;
or the WiPC, International PEN,
Brownlow House, 50/51 High Holborn, London, WC1V 6ER, U.K., tel: +44 207
405 0338, fax: +44 207 405 0339, e-mail: wipc@internationalpen.org.uk,
Internet: http://www.internationalpen.org.uk/
The information contained in this joint action is the sole responsibility
of IPA and WiPC. In citing this material for broadcast or publication,
please credit IPA and WiPC.
_________________________________________________________________
DISTRIBUTED BY THE INTERNATIONAL FREEDOM OF EXPRESSION
EXCHANGE (IFEX) CLEARING HOUSE
555 Richmond St. West, # 1101, PO Box 407
Toronto, Ontario, Canada M5V 3B1
tel: +1 416 515 9622 fax: +1 416 515 7879
alerts e-mail: alerts@ifex.org
general e-mail: ifex@ifex.org
Internet site: http://www.ifex.org/