The prosecution of Turkish novelist Orhan Pamuk for denigrating the nation, following statements in a Swiss newspaper about the genocide of the Armenians in the early twentieth century, has set off a firestorm of protest around the world and shocked people in the European Union, which Turkey has waged a long campaign to join.

The international free speech organization PEN has voiced their protest in no uncertain terms:

Orhan Pamuk

International PEN greets with shock the news that the world-famous Turkish writer, Orhan Pamuk, will be brought before an Istanbul court on 16 December 2005 and that he faces up to three years in prison for a comment published in a Swiss newspaper earlier this year.
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PEN sees it extraordinary that a state that has ratified both the United Nations International Covenant on Civil and Political Rights, and the European Convention on Human Rights, both of which see freedom of expression as central, should have a Penal Code that includes a clause that is so clearly contrary to these very same principles. To quote Article 301/1: A person who explicitly insults being a Turk, the Republic or Turkish Grand National Assembly, shall be imposed to a penalty of imprisonment for a term of six months to three years. To compound matters, Article 301/3 states,

Where insulting being a Turk is committed by a Turkish citizen in a foreign country, the penalty to be imposed shall be increased by one third. So, if Pamuk is found guilty, he faces an additional penalty for having made the statement abroad.

Pamuk himself, in an interview following the charges, says that the case against him shows his country may not be ready to join the European Union.

"Unfortunately I do not believe that Turkey has come very far in this respect. Nothing has happened over the past year. Turkey has sat on the promises that Europe has given and taken it easy."

Although forbidden to comment directly on his own case, the best-selling author added: "Turkey has not changed so much. Laws have been changed, but the thought processes, our culture and our way of seeing things... that has not changed much.

"There have been legal and political changes in the hope of EU membership. But the trial opened against me shows... that the state prosecutors have not changed very much. It shows that there is not much tolerance in society."

Individual writers are also protesting the treatment of one of the best loved authors in contemporary literature:

[Kazuo] Ishiguro, who won the Booker prize in 1989 for The Remains of the Day and is on this year’s shortlist for Never Let Me Go, said: “I’m astonished and horrified to discover such a situation can arise in Turkey today — and to a writer who has done so much to enhance his country’s reputation. I hope the Turkish government does all in its power to bring this misguided prosecution to an end.”

John Banville, nominated this year for The Sea, said Pamuk was right to remind compatriots of past crimes committed in their name. “It will be a disgrace if Pamuk is jailed, and Turkey should realise the damage that will be done to its reputation if it goes ahead with this injustice,” he said.

Turkish Foreign Minister Abdullah Gül on the other hand dismisses the concerns (Free registration, or get a username and password from BugMeNot.com) of the rest of the world.

“There is no decision yet. I would like to announce to the world that there is freedom of expression in Turkey. People voice their opinions comfortably as long as they do not promote violence,” Gül said late on Wednesday, adding that reforms along the EU process have provided such a positive environment.

“Courts are independent in Turkey. … No one should doubt whether people in Turkey are free to write what they think,” he said.

Gül's remarks followed reports on an initiative launched by the European Parliament to monitor the legal process concerning Pamuk. A proposal to follow the trial was submitted earlier this week to the EU-Turkey Joint Parliamentary Committee. Committee Chairman Joost Lagendijk said he would ask European Parliament President Josep Borrell to set up a separate ad-hoc committee to observe the trial.
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“The timing of Pamuk's prosecution suggests a deliberate attempt by conservatives within the Turkish government to derail the country's EU negotiations. It clearly violates the conditions set for Turkey's EU membership, such as guaranteeing free-speech rights,” the editorial, titled “Turkey's War With History,” said.

No matter how the case itself turns out, there's no doubt it has already become a black mark upon Turkey's ambitions to be viewed as a natural member of the European brotherhood of nations.

This article is also available at The European Tribune.