An Istanbul court has demanded that it be allowed to try writer Orhan Pamuk, who has been charged for an interview he gave to the Swiss "Das Magazin," according to the old Turkish Penal Code (TCK). The court sent the file to the Justice Ministry to get permission based on article 160. Pamuk faces up to three years in prison if found guilty.

Pamuk's lawyer Haluk Inanici said in a written statement that the court asked the prosecutor's office whether Pamuk should be tried according to the new TCK or according to the old TCK. The prosecutor's office told the court it wants Pamuk to be tried according to the old TCK, since the date of the offense was February 9, 2005, according to the statement.

The Justice Ministry will decide

The statement adds that the permission of the Justice Ministry is needed to try Pamuk based on article 159 of the old TCK. If the decision of the Justice Ministry is sent to the court by December 16, which is the date of the hearing, the court will proceed with the case according to that decision. The hearing will be postponed if the Justice Ministry's decision is not sent to the court by that date.

On December 2, the Istanbul court stated that article 159/1 of the old TCK and article 301/1 of the new TCK call for a prison sentence from 6 months to three years for the same crime. However, the court interpreted that the old law would be in Pamuk's favor, since it requires the permission of the Justice Ministry. The court sent the case file to the Sisli Republic Prosecutor's Office, which delivers it to the Justice Ministry.

Support for Pamuk

Famous writers including Nobel Prize winners Jose Saramago, Gabriel Garcia Marquez and Gunter Grass; Umberto Eco, Carlos Fuentes, Juan Goytisolo, John Updike and Mario Vargas Llosa expressed support for Orhan Pamuk through a written statement. The statement said that Pamuk's trial is against the rule of law.

Up to three years in prison for an interview

Writer Pamuk is accused of "openly insulting Turkishness" by telling the Swiss "Das Magazin" that "one million Armenians and 30,000 Kurds were killed on this territory." Pamuk was charged based on article 301/1 of the new Penal Code, which went into effect on June 1. Now there is a chance he may be tried based on article 159 of the old Penal Code. He faces six months to three years in prison. (EO/KO/EA/YE)