Justice Minister's Comments Jeopardize Article 301 Suspect Temel Demirer’s Safety

The Initiative for Freedom of Thinking of Ankara demanded resignation of Minister of Justice Mehmet Ali Şahin for talking in negative terms about Temel Demirer who is on trial under article 301 of the Penal Code (TCK) because of the permission granted by the Ministry of Justice. Mehmet Ali Şahin made the following comment about the accusation Demirer is facing: “I cannot let someone call my state “murderer”. This is not freedom of expression. This is exactly what the crime of insulting the person of the state is.”

Condemning Şahin with a written declaration, Demirer’s lawyer Filiz Kalaycı argued that the minister was using the right of giving permissions for the article 301 cases as someone given “the power to make judgments by putting himself in place of the judiciary.”

Initiative: Minister Şahin should ask Vecdi about the “genocide”

The minister said the following about the reactions coming from some media institutions against the permission he granted for Demirer’s prosecution: “They do not pay attention to the things this person has been saying, but when a lawsuit is filed they feel sorry for him. This person said Turkey was a murderous state. He says the Turkish state first murdered the Armenians and will now murder the Kurds. Sorry, but I cannot let anyone call my state a murderous state. This is not freedom of expression. This is what this article describes as the crime of insulting the person of the state.”

According to the Initiative, the Minister of Justice seems to have already declared Demirer guilty, without the need  to wait for the outcome of the trial. “If it is a crime to say ‘yesterday they took away our Armenian brothers through the process of genocide, today they are doing the same to our Kurdish brothers. Let us object to this’ then Minister Şahin should ask Vecdi Gönül about the genocide, since he confirmed it with his statement that “Thanks to it, we established today’s nation-state.”

Kalaycı: Şahin is responsible for Demirer’s safety

Lawyer Kalaycı pointed out to the Constitution and reminded Şahin the 25th and 26th articles that guarantee the freedom of expression and belief, and the 138th article that emphasize the independence of the courts. She also mentioned the 10th article of the European Human Rights Conventions (EHRC). 

Kalaycı argue that Şahin has abused his position and that not only Şahin’s statement shows present government’s patience in these matters, but it also prepares the groundwork for further tensions.

“In order not to experience new sufferings, not to be subject to the new murder plans at the  dark hands and have more democracy and freedom, we invite everyone who want a bright future for this country to show their reaction and ask the prosecutors to do their job by launching an investigation about the minister.”

“When Hrant Dink’s memory is still fresh in our hearts, the Minister of Justice has put our client’s life in danger by making him a target. We will hold the Minister responsible for any attempt at his safety.”

Kalaycı reminded the Minister of Justice the Aktaş/Turkey (Application No: 23168-94) and Senator Miguel Castells decisions of the European Court of Human Rights (ECHR). The ECHR held Senator Castells had criticized the unsolved murders in the Bask region of Spain and held the government responsible. (EÖ/TB)