Writer Defends Himself Against Minister's Accusations In A Freedom Of Expression Case

Temel Demirer, who is on trial under article 301 of the Penal Code (TCK) because of the permission granted by Mehmet Ali Şahin, Minister of Justice, said the minister was distorting his words.

Demirer is accused of “denigrating the Turkish Republic” and “inciting to hatred and hostility” for saying that Hrant Dink was not only killed for being an Armenian, but for recognizing the genocide as well.  

The Justice Minister had claimed that Demirer’s words were inviting everyone to commit crime against the state by calling the state murderer, having a negative influence on people.

Previously, the minister had made the following comment about Demirer’s case that “They do not pay attention to the things this person has been saying, but when a lawsuit is filed they feel sorry for him. This person said Turkey was a murderous state. He says the Turkish state first murdered the Armenians and will now murder the Kurds. Sorry, but I cannot let anyone call my state a murderous state. This is not freedom of expression. This is what this article describes as the crime of insulting the person of the state.”

Şahin who cannot let anyone call the state murderer apologized for Ceber’s death

Demirer’s lawyers had accused the minister for putting their client’s life in danger by making him a target of hate and interfering with the trial process. Demirer is facing two years in prison.

Saying minister’s latest statement does not reflect the reality, Demirer claims that he did not talk about his thoughts, but actual facts within their historical context and the state was disturbed by this.

“Everyone knows how I speak and write about the facts; how can writing about the facts be hurtful and provocative?”

Demirer says minister’s attitude is contradictory since the same minister who makes him a target by saying that he calls the state murderer apologized about the murder of Engin Ceber while he was detained.

Article 301 permission to the cases trying the “marginal and radical leftist” magazines

So far 462 files have been sent to the Ministry of Justice and Şahin gave permission to 58 of them. Some of them are still not decided and about 260 of them were denied.

The minister says that those that are given permission to be tried under article 301 make up only 19 percent of the total and those cases that target the press members are only 8 percent. He says these numbers were much higher before.

Saying some of the cases for which he granted permission are marginal and radical leftist magazines, Şahin says, “Some of the statements are so mean that only one’s enemy can write them. Only the enemy can write those statements against the State and the Armed Forces. We allow the trial to go on in these cases.  One writes such comments that they disturb you, I mean they insult. That is why we grant permission, but it is the judiciary that will make the final decision. I do not decide, I cannot say if he is guilty, because I am not the judge.”

“He is making a call for committing crime, violence and terror…He said ‘I expressed my opinion, and they gave trial permission against me’. Then I asked what he said, why I allowed for this trial. I explained what they said. I interpreted them as an invitation to violence and terror. Of course the court itself will decide.”

Demirer is on trial for the speech he gave at the 7th Munzur Culture and Nature Festival in the province of Tunceli and is accused of “doing propaganda of a terrorist organization.” The next hearing of the case will be on February 12, 2009. (EÖ/TB)