İrfan Sancı, owner of Sel Publishing, faces up to nine years imprisonment due to alleged obscenity in three books he published. His lawyer Adem Sakal criticized: "Writers, publishers and interpreters are still confronted with the threat of prison sentences because Turkey has not yet effected appropriate amendments in accordance with the legislation of the European Union".
Interpreter İsmail Yerguz stands trial together with publisher Sancı regarding two of the three case files at the Istanbul 2nd Criminal Court of First Instance and faces up to six years imprisonment himself. Lawyer Sakal told bianet, "It is a shame for Turkey that an interpreter is openly threatened with prison sentence as a worker who is making a living out of his profession".
The case was opened on 29 April 2009 and is concerned with three books entitled "The fairy's pendulum" written by Ben Mila, "The exploits of a young Don Juan" by Guillaume Apollinaire and "Letters of a Well-Mannered and Knowledgeable Bourgeois Women" written by French author P.V.
Publishing assessed as serious offence
Public Prosecutor Nurtem Altınok demands the punishment of the defendants under article 226/2 of the Turkish Criminal Code (TCK) as stated in the indictment dated 29 April 2009.
The hearing on Wednesday (10 March) was attended by un-detained defendants Sancı, Yerguz and lawyer Sakal.
Awaiting expert report from university
President Judge Sevim Efendiler had put on record that the expected expert report related to the two books "The exploits of a young Don Juan" and "Letters of a well-mannered and knowledgeable bourgeois women" to be issued by the French Language and Literature Department and the Law Department of Galatasaray University is still to be submitted to court.
In agreement with the defendants and the lawyer, judge Efendiler decreed to wait for the expert report and postponed the case to 25 May.
Öztokat and Yücel: Erotic literature cannot be a criminal offence
A previous report prepared by the Istanbul University of Commerce indicated elements of crime in the books on question. Sancı objected, "Experts should be consulted in order to decide whether a book is a work of literature". The publisher had requested another investigation.
The publishing house wanted the Department of French Language and Literature of Istanbul University to assess the books. Faculty member Prof. Dr Nedret Öztokat said, "In times when all sorts of visual, audio and electronic communication networks can easily be established, the two erotic literature works do not comprise any elements of crime in my opinion". Retired faculty member and writer Prof. Dr Tahsin Yücel emphasized that literature could not be evaluated as a criminal offence.
Publisher Sancı mentioned in the hearing that the prosecution of a book portraying a lesbian relationship in fact means the prosecution of homosexual relationships. In respect to this background the European Court of Human Rights would describe the Turkish judiciary system as "outdated", Sancı declared. (EÖ/VK)
