Istanbul Prosecutor: 'Drop Case of "God Delusion" Book'

On Friday, 19 June, the Şişli Criminal Court of First Instance heard the case of the Turkish translatin of Richard Dawkins' "God Delusion".

The public prosecutor, Sait Yakışan, demanded that Erol Karaaslan, owner of the Kuzey Publications which has published the book, not be prosecuted.

Second trial, same complaint

Karaaslan had faced another trial last year, following the criminal complaint of an Emre Bukağılı. Karaaslan had been acquitted.

This time, the prosecution was following up the complaint of a Sonia Eskinazi, who argued that the book insulted Judaism, Allah and the prophets. Karaaslan again faced a possible prison sentence, accused of "inciting the public to hatred and hostility or denigration".

Rights of atheists also protected

Prosecutor Yakışan, speaking at the hearing, said that Article 10 of the European Convention on Human Rights also included the freedom of religion and conscience. He added, "In order for science to progress, we accept that every issue has to be approaced critically and with a questioning mind; otherwise, the whole of society is held hostage by dogmas."

The prosecutor pointed out that the European Convention protected the rights of both those with religious beliefs and of atheists, and that this had been confirmed in case law. Evaluated as a whole, the book was written as a criticism of religion and God in general, and the author did not target any particular religious group.

Yakışan reminded the court that the previous court case had ended in acquittal and thus demanded the case to be dropped. Otherwise, he warned, "publishers and writers wll continuously be on trial, which would lead to personal suffering."

 "A right to criticise religion"

Publisher Karaaslan spoke at the hearing, to, saying, "The author of the book says many times in the book that he does not believe in any religion. He has used scientific works to support his claims, his criticism of religions and their irrationality. It is a right to criticise religions and beliefs as part of the freedom of thought and expression."

The demand of Karaaslan's lawyer Pervin Bıyıklıoğlu for a different judge to replace presiding Judge Hakkı Yalçınkaya was not supported by the prosecution and rejected.

The court case will continue on 7 July. The court will ask the Istanbul  police force whether public peace has been disturbe by any events related to the book.

On 10 November 2008, Muhittin Ayata, Şişli public prosecutor, wrote an indictment in which up to four years imprisonment were demanded under Articles 216/1-3 and 54 of the Turkish Penal Code. (EÖ/AG)