Court of Appeals Insisted on Compensation Fine for Orhan Pamuk
Writer Orhan Pamuk has to pay a TL 6,000 (€ 3,000) monetary fine in compensation to six people who complained about the Nobel Prize laureate. The compensation claim stemmed from Pamuk's statement "We killed 30,000 Kurds and one million Armenians" made during a newspaper interview in Switzerland.
The Şişli 3rd Civil Court of First Instance had previously dropped procedures against Pamuk twice due to "the claimants' lack of capacity to sue".
The Court of Appeals returned the file also for the third time and the final decision was announced last week. Eventually, the local court decreed for TL 1,000 (€ 500) in compensation for each complainant.
Pakize Alp Akbaba, President of the Istanbul Mothers of Martyrs Solidarity and Support Association, lawyer Kemal Kerinçsiz, himself a detained defendant in the Ergenekon trial, and four other people demanded TL 36,000 compensation in total. The claim was based on the interview with Pamuk published in the 'Das Magazin' supplement of the 'Angeiger' newspaper issue of 5 February 2005.
The trial opened in February 2006 was dismissed by the court by reason of lack of a legal standing of the claimants.
Court of Appeals quashed verdicts
The Court of Appeals 4th Law Chamber overturned the verdict on 11 April 2007 upon the appeal of the claimants. The supreme court ruled that the plaintiffs fulfilled the conditions for making a claim. If personal rights had been attacked, it decreed, the legislation should be applied.
However, the local court insisted on its initial decision and dropped procedures for the second time. Thereupon, the file was transferred to the Court of Appeals General Assembly.
On 13 May 2009, the Assembly upheld the decision of the Court of Appeals 4th Law Chamber and quashed the verdict of the local court regarding the decline of the compensation claim accordingly.
Pamuk's request to correct the decision was rejected by the General Law Assembly on 7 October 2009.
Similar cases prevented by statute of limitation
Subsequently, the local court decreed for a compensation fine including interest to be handed down to writer Pamuk.
The statute of limitation on this matter was reached in February 2010, thus the decision does not constitute a precedent for other trials to be filed against Pamuk.
Pamuk has the right to appeal the decision. (EÇ/VK)
Source: Habertürk newspaper.
