Writers in Prison Committee
If not now, when?
Repressive Legislation: |
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| "At present, PEN has on its records over 60 writers, publishers and journalists who are on trial in Turkey solely for the publication of their writings and who face heavy penalties if convicted. In 2002 alone, 77 books were reported to have been banned... There are likely to be many more cases than PEN has been able to record. The confiscation and banning of a piece of writing is a major obstacle to the practice of free expression and is censorship in its most direct form. International PEN has called on the Turkish authorities to review once again all legislation that allows for the penalization of those who write on or publish issues that are not in accord with the views of those in authority, and to remove from Turkish law all remaining impediments to the practice of the right to freedom of expression." - International PEN's Oral Submission to the United Nations Commission on Human Rights, meeting in Geneva at its 59th session, March 17 to April 25, 2003 Book bannings in Turkey At any one time, PEN is aware of several cases of authors and their books falling foul of Turkey's broad battery of legislation inhibiting free expression. A recent example was the works of author Mehmet Bayrak, whose three-volume book Kurdish Music, Dances and Songs published in September 2002 by Özgür Gelecek ('The Free Future') publishing house - was reportedly confiscated on the orders of the Ankara State Security Court. The order claimed that the volumes had infringed Article 312.2 of the Turkish Penal Code because they 'in their current form oppose the unity of nation and state. Furthermore, their content partitions the population into different races thereby inciting hate and hostility.' Another book by Bayrak, Kurdish Women - From the Past to the Present, was similarly confiscated. In its February 17, 2003 letter to Turkey's Minister of Justice, PEN stated its belief 'that the banning of these books is aimed at suppressing views on Kurdish issues that do not comply with those held by the government.' Other recently banned books and journals have included:
These and other examples demonstrate that the book bannings and trials against authors are usually initiated either when Turkey's multi-ethnic community is explored, especially if the government's policies regarding the many ethnicities living within its borders are criticized, or when the authors espouse left-wing political ideology, such as views which are deemed 'Communist'. In both cases, PEN believes that the government has nothing to gain from such bannings, and that allowing a variety of different opinions to circulate freely will not undermine Turkey's security. On the contrary, only by allowing free expression on such matters can the many historic tensions within the country be eased. Charges of 'insulting the morals of the people' Sex is another issue that has increasingly given rise to lawsuits. On March 19, 2003, a trial opened at the Istanbul Penal Court of First Instance against Omer Faruk, the owner of the Ayrinti Publishing House, and Kerim Sadi, a translator, for publishing and translating respectively a Turkish edition of the Marquis de Sade's Philosophy in the Bedroom (Yatak Odasinda Felsefe). The two are accused under Article 426 of the Turkish Penal Code of 'insulting the morals of the people'. In 2002, similar charges were pressed against Nermin Acar for her translation of La Terreur dans la Boudoir, a French novel by Serge Bramly that is based on the work of Marquis de Sade. Acar has also faced charges for her translation from French of Alina Reyes' erotic novel, Lilith. The legislation prohibits all work with frank sexual content and takes no account of whether the writing has literary merit. Ragip Zarakolu: in the forefront of the campaign against bannings Ragip Zarakolu, a publisher at Belge Publishing House (which among other titles, has published Ömer Asan's book, The Culture of the Pontus ) is one of the main campaigners against these book-bannings. Zarakolu has himself faced charges - in fact he is seldom off the WiPC's case list. For instance, on July 15, 2002, he was brought to trial under Article 312 of the Penal Code for an article entitled 'The New Racist Attacks in Turkey', in which he delivered a critique of ultra- nationalism. The trial continues. Meanwhile, Zarakolu continues to protest against book-bannings, and publishes many titles knowing that they may well fall foul of the law. In a statement that he made on behalf of the Publishers Union of Turkey at the 2002 Frankfurt Book Fair, Zarakolu acknowledged the support of the international community. He painted a picture of a steady increase in the number of bannings and legal cases. According to him, in 2000, 20 books from 14 publishing houses were banned or indicted; in 2001, 42 books from 23 publishing houses were banned or indicted. He later reported that by the end of 2002, the annual figure had risen to 77 books, with 38 publishers and 57 writers finding themselves in the dock. The cases sometimes dragged on for more than a year, so that the number of books subject to legal proceedings at any one time could number over a hundred. Zarakolu noted that how the books fared in the courts was 'dependent on the personal tendencies of the jurists'. Some gave 'more tolerant or more intolerant judgments'. Conservative tendencies in the system had given rise to more cases against writing on sexual issues. However, discussion of minorities still led the field in provoking lawsuits. He cited interviews with guerrilla leaders, histories of left-wing parties, discussions of human rights abuses and police accountability as being topics that writers broached at their peril. He urged the international community to campaign against these assaults on freedom of expression. 'The support of the world's community of publishers has given us courage and endurance,' he said. While legal preparations for entry into the European Union are afoot, he suggested, the time to press forward with the campaign is ripe.
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