Author Güler Sentenced on Behalf of Novel Characters

The Istanbul 10^th High Criminal Court convicted author Mehmet Güler of "making propaganda for the PKK organization" on the grounds of "separatist" protagonists in his novel entitled "More difficult decisions than death" (Ölümden Zor Kararlar). The PKK is the militant Kurdistan Workers' Party, a terrorist organization fighting an armed struggle against the Turkish Armed Forces for Kurdish independence.

The novel was published by Belge Publishing. Publisher Ragıp Zarakolu was acquitted in the yesterday's hearing (10 June) since the court decreed for a lack of "criminal liability". Author Güler on the other hand was sentenced to imprisonment of one year and three months according to article 7/2 of the Anti-Terror Law because of the fictional characters of the novel named "Sıti", "Sabri" and "Şiyar".

After the court session, Güler told bianet, "We all see to what extend trials in Turkey are deteriorating. The government, talking about opening and high standard democracy, went as far as prosecuting and punishing fantasy and imagination. But this case is just another part of the struggle for democratization. We are preparing the publication of the second volume. It will go to press at around September. We will carry on with the writing".

Guilt was proven four months after change of prosecutor

In the second hearing on 19 November 2009, prosecutor Mustafa Çavuşoğlu advanced the view in his final plead that "no legal elements of crime occurred". He demanded the acquittal of Zarakolu and Güler. Prosecutor Savaş Kırbaş, on duty at the following hearing on 25 March, reckoned the utterances of the protagonists to be "dangerous" and requested a prison sentence for writer Güler.

Prior to the decision Özan Kılıç, lawyer of the writer and the publisher, said in yesterday's hearing, "What exactly changed within four months while no further evidence had been added to the file and the same laws were still enforced?" Subsequent to the pronouncement of the judgement, he announced to file an appeal.

Güler and Zarakolu were supported in the hearing by International PEN Secretary General Eugene Schoulgin, International Publishers Association (IPA) executive Alexis Krikorian, wirters Temel Demirer and Sibel Özbudun and interpreter Atilla Tuygan.

Charged with summary on the book cover

Istanbul Public Prosecutor Hikmet Usta based his indictment of 22 May on dialogues in the novel such as on page 39 in the context of a trial against a PKK member, quoted as follows: "This court delegation has no right to judge me. I fight for freedom. I do not recognize this court". The court president's warning "Do not disrespect the court delegation!" and similar passages of the novel are further subject to the indictment.

The following paragraph on the back of the book cover is furthermore seen as subject to criminal offence: "The shadows of 12 September [military coup in 1980] are a heavy burden. But elections were held, civil life was re-established and the society started to come to a rest even though a shadow remains. Even more important, the war started on 15 August began to disperse the fear of that nightmare which followed people like a shadow. It began to scratch the undisputable and untouchable ruling image of the junta of 12 September".

International PEN and IPA condemn the conviction

International Pen and the International Publishers Association condemned the prison sentence imposed on writer Güler in a joint statement signed by IPA president Bjorn Smith-Simonsen and International PEN Secretary General Schoulgin.

In the statement, the Turkish officials were urged to act in accordance with the commitments stipulated in the United Nations Universal Declaration of Human Rights, the International Covenant on Civil and Political Civil Rights, the European Convention on Human Rights and the European Union Charter of Fundamental Rights signed by Turkey. (EÖ/VK)