ANKARA, 21 December 2005 — Turkey’s justice minister said yesterday that the government has no immediate plans to amend the freedom of expression-curbing law that was used to charge renowned writer Orhan Pamuk, a case that has soured relations with the European Union. The EU, which is pressing the country to do more to protect freedom of expression, has criticized the law which makes insulting Turkey, “Turkishness” and state institutions a crime.
“If we’re going to make changes to the laws according to your or my understanding then there will be no stability left in the judiciary,” Justice Minister Cemil Cicek said. “It would also damage the unity of the laws.”
A court on Friday halted the trial of Pamuk, Turkey’s best-known author, saying it needed approval from the Justice Ministry before the case could move forward. Pamuk was charged under Article 301 of Turkey’s new penal code, which sets penalties for insults against the Turkish Republic or “Turkishness.”
Pamuk’s lawyers argued that his comments predated the new penal code and the judge referred the issue to the Justice Ministry. An earlier law similar to Article 301 requires Justice Ministry approval before prosecution.
Meanwhile, a lawyer defending Al-Qaeda-linked suspects standing trial for the 2003 suicide bombings in Istanbul told a court in Istanbul yesterday that jihad, or holy war, was an obligation for Muslims and his clients should not be prosecuted. “If you punish them for this, tomorrow, will you punish them for fasting or for praying?” Orhan Karahan — a lawyer representing 14 of the 72 suspects — asked during a long speech in which he read religious texts from an encyclopedia of Islam.
