Turkey on Trial, Part 1 

Editorial, New York Times, December 21, 2005

http://www.nytimes.com/2005/12/21/opinion/21wed4.html

 
The trial of Orhan Pamuk, the best-selling Turkish novelist, had 
barely gotten under way in Istanbul the other day when the judge 
postponed the proceedings until Feb. 7. We can only hope that this 
delay signals that Turkish leaders are looking for a way to drop the 
charges against Mr. Pamuk, who is being prosecuted for "insulting 
Turkish identity."

In a newspaper interview last February, Mr. Pamuk referred to the 
Armenian genocide in 1915 during the Ottoman Empire and to the 
clashes between Turks and minority Kurds in Turkey since the 
1980's. "One million Armenians and 30,000 Kurds were killed in these 
lands and nobody but me dares talk about it," Mr. Pamuk was quoted 
as saying. This was considered a crime punishable by up to three 
years in prison by some Turks, including some prosecutors. 

The case against Mr. Pamuk - a short-list candidate for the Nobel 
Prize in Literature - has called into question Turkey's willingness 
to embrace European political values and, by extension, its 
readiness to join the European Union. Over the last few years, Prime 
Minister Recep Tayyip Erdogan and his governing party enacted a 
series of reforms that qualified Turkey - at last - to open official 
membership talks in October. Some of the reforms grant more freedom 
of expression. But the law still prohibits insults against the 
Turkish identity, the state and Turkey's founding father, Ataturk. 
The line between illegal insult and legal opinion is unclear. 

As a result, dozens of people in Turkey face charges like those 
against Mr. Pamuk. Last month a Turkish book publisher said he faced 
prosecution for a book published in 1997 that included allegations 
of human rights violations by the security forces during fighting 
with Kurdish rebels in the 1990's.

In delaying the Pamuk trial, the judge has asked the Justice 
Ministry to rule on whether the case should go forward at all. The 
answer will say a lot about the current state of a nation that has 
long prized national unity above civil liberties. Many Turks oppose 
Mr. Pamuk's prosecution - and that of other less prominent people on 
similar charges. But obviously, some do not. 

Dismissing the case against Mr. Pamuk and clarifying the law under 
which he has been charged are crucial steps Turkey must take to join 
the European Union. Even more important will be Turkey's progress in 
transforming its institutions to embody the country's new laws.









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