Article 301 Cases Against Writers Continue

The suffering of Turkish writers and publishers under controversial Penal Code article 301 continued in the first week of October with one author staging a protest in front of the Justice Ministry in capital Ankara and a publisher standing trial in Istanbul for publishing books containing Armenian memoirs of the past.

One Turkish activist, meanwhile, was acquitted of article 301 charges where the prosecution previously demanded imprisonment for public "remarks" he had made.

The end of last week saw a protest staged by the author of "Flowers of Blood From A Captive General on Ararat", Mustafa Balbal, who was sentenced two months ago to 10 months imprisonment under article 301 for his book.

"301 is the greatest shame challenging the freedom of expression" Balbal said, calling for certain codes in Turkey that "were inspired by the Fascist Italian Constitution" to be lifted.

Taking his place at the gates of the Ministry but barred from making a statement there, the author then moved to ministry's Guven Park entrance where he covered his mouth with black tape in protest of obstacles before freedom of expression and article 301.

Balbal is one of many Turkish writers who have faced the threat of the docks for books of historical value and research under the controversial article.

His own work of research, based on the memoirs of those who witnessed the uprising on and around Mount Ararat at the beginning of the 20th century, covering the life of Sheik Zahir who lost four brothers in the uprising before being killed himself, is still banned in Turkey after being prosecuted for "conducting separatist propaganda".

He himself was charged and found guilty of "public denigration of the Turkish Republic State" and "insulting the armed forces of the state" in the book that was published in August 2002 - and originally seized on an order issued by the now-defunct State Security Court (DGM). He was sentenced to five months each on both counts.

Armenian Memoirs Case Continues

Balbal's peaceful self-style protest of 301 and its consequences in capital Ankara came in the wake of the ongoing trial of a well-known Turkish publisher in Istanbul who faces a prosecutor's demand for up to 13.5 years imprisonment publishing the memoirs of two Armenians in the Turkish language.

Belge Publishing House owner and journalist Ragip Zarakolu appeared at the Istanbul 2nd Criminal Court of First Instance on Thursday where he is charged under article 301 for publishing Dora Sakayan's "An Armenian Doctor's Experiences: The İzmir Diary of Garabet Hatcherian on 4 March" and George Jerjian's "Freedom Will Free Us".

Her case was monitored by Sanar Yurdatapan of the Initiative Against Thought Crime and in this most recent hearing, the defendant submitted a letter sent by Sakayan herself to the bench.

"Why should Zarakolu be prosecuted for giving Turkish readers a book based on Dr.Hatcherian's diary?" Sakayan's letter asked. "Does the Turkish reader need to be told what to read and what not to read? Can Turkish readers themselves not decide on whether the book contains insults against Turkishness?"

Sakayan stressed in the letter that the author of the book was not Zarakolu himself but was Dr. Garabet Hatcherian who he described as "a loyal citizen of Turkey and an officer of the Turkish army" expressing belief that the court would acquit the publisher.

Article 301, said Zarakolu after the hearing, "is putting both the government and Turkey into a difficult situation. It is putting them in difficulty in front of the European and world public opinion".

The Zarakolu case was adjourned to December 14.

One Acquittal But Still..

Balbal's protest in Ankara and Zarakolu's trial in Istanbul follow one acquittal last Tuesday where "Haksoz" magazine author and Free Opinion and Education Rights Association (Ozgur-Der) member Mustafa Bahadir Kurbanoglu was cleared of charges under article 301.

Unlike the author and publisher, Kurbanoglu was charged due to "remarks" he made in April 2006 during an Ozgur-Der gathering at Istanbul's Fatih Sarachane Park. His public criticism of the dismissal from duty of Van prosecutor Ferhat Sarikaya under a decision taken by the Supreme Board of Judges and Prosecutors was deemed an offense.

"Even if I'm acquitted, 301 is still in place" Kurbanoglu said after his verdict.

What is Article 301?

Article 301, on the denigration of "Turkishness", the Republic, and the foundation and institutions of the State, was introduced with the legislative reforms of 1 June 2005 and replaced the controversial Article 159 of the previous penal code. It states that:

"1. Public denigration of Turkishness, the Republic or the Grand National Assembly of Turkey shall be punishable by imprisonment of between six months and three years.

2. Public denigration of the Government of the Republic of Turkey, the judicial institutions of the State, the military or security structures shall be punishable by imprisonment of between six months and two years.

3. In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.

4. Expressions of thought intended to criticize shall not constitute a crime." (EO/II/YE)