FREEDOM OF EXPRESSION

The Supreme Court General Judicial Assembly decreed for opening a court case against writer Orhan Pamuk, laureate of the Nobel Prize for Literature. The author faces a fine of 36,000 TL (16,655 €) in compensation because of the following statement he made during an interview published in Switzerland in February 2005: "On this ground 30,000 Kurds and 1 million Armenians were killed".

Pamuk was awarded the symbolic "Grand Medal" by Paris Municipality Mayor Bertrand Delanoe on 6 October. Pamuk said in the ceremony: "I am receiving this medal also on behalf of the city of Istanbul where I live". In Turkey Pamuk was just saved from a prison sentence. However, for his ideas he has been trialed for compensation for 4 years now.

Fransa'da Paris Belediye Başkanı Bertrand Delanoe'nin elinden önceki gün (6 Ekim) simgesel "Büyük Madalya" alan ve törende "Bu ödülü yaşadığım kent İstanbul adına da alıyorum" diyen Pamuk, düşünceleri nedeniyle Türkiye'de sadece hapse girmekten kurtuldu. Yazar, dört yıldır tazminatla yargılanıyor.

Allegations under article 159 dropped but compensation claims still on

With the decision taken on 7 October, the General Assembly rejected Pamuk's lawyers' request for an amendment of the initial decision, so the trial against the writer will re-start at the Şişli 3^rd Civil Court of First Instance.

President of the Istanbul Martyrs' Mothers Solidarity and Support Association Pakize Alp Akbaba and lawyer Kemal Kerinçsiz, currently in detention as a defendant in the Ergenekon case, are just 2 of 6 people altogether claiming a total of 36,000 TL in compensation from Pamuk.

A complaint had been filed against Pamuk at the Şişli 2^nd Civil Court of First Instance under charges of the former version of the Turkish Criminal Code (TCK) article 159 (new TCK 301 "Insulting the Turkish People, Republic of Turkey and Governmental Institutions and Bodies") and for "defaming Turkishness". However, the Ministry of Justice did not accept the claims and dropped the case.  

The Şişli 3^rd Civil Court of First Instance ruled that the plaintiffs do not possess the right for compensation as a result of an attack on their individual rights just because they hold the Turkish nationality. The court rejected the claim of active hostility.

Upon filing an appeal the Court of Appeals 4^th Judicial Office pointed out that the plaintiffs indeed have the authority to open a case and asked to apply the procedure if an attack on their personal rights had occurred.

The Judicial Office reminded that under article 66 of the Constitution it is said that "everybody who is bond to the Turkish State by holding the Turkish citizenship is a Turk". The office emphasized that an honorable person's feelings of belonging to a nation is a matter of personal values and  resides under legal protection.

The local court dealing with the case after the decision was annulled by the Court of Appeals resisted to the previous decision and decreed for a rejection of the case. After another appeal was lodged against the latest local court's decision, the file has now come to the Supreme Court General Judicial Assembly. (EÖ/VK)