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Balbal protests obstacles in front of freedom of opinion and Penal Code
article 301 at Justice Ministry gates after being sentenced to 10 months for
his book "Flowers of Blood From A Captive General on Ararat".
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 Izmir Diary of Garabet Hatcherian on 4 March" and
George Jerjian's "Freedom Will Free Us".
His 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.
""Who 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 she 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."