Filmmaker Rojhilat Aksoy acquitted of 'insulting Turkish nation'
Filmmaker Rojhilat Aksoy has been acquitted in a trial where she faced charges of "insulting the Turkish nation" over a screening of the animated film "Aurora's Sunrise" ("Արշալույսի լուսաբացը," 2022, dir. Inna Sahakyan).
The second hearing of the trial took place today at the Diyarbakır 22nd Penal Court of First Instance, the Media and Law Studies Association (MLSA) reported.
The indictment prepared after the investigation said it was determined that "the events of 1915 were portrayed as genocide, the uprisings of that period were described as 'the justified struggle of freedom fighters,' and Armenians living in the region were shown as having their names and religion forcibly changed and being subjected to inhumane treatment."
Dialogues from the film were cited as evidence for the charges.
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Lawyer Fırat Yıldız told the court they did not agree with the prosecutor's opinion and requested Aksoy's acquittal. He said such trials restrict freedom of expression and place pressure on art.
Yıldız said his client was not the film's director and had only been involved in the screening process.
"Even if he were the director, this should still be evaluated within the scope of freedom of expression. The European Court of Human Rights has precedent decisions on this issue. There are also existing acquittal rulings for individuals and institutions prosecuted over statements on the events of 1915, including the Diyarbakır Bar Association," he said.
Following the defense statements, the court acquitted Rojhilat Aksoy.
Article 301
Article 301 of the Turkish Penal Code is a law that makes it illegal to insult Turkey, the Turkish nation, or Turkish government institutions. The law originally criminalized “insulting Turkishness,” but was amended in 2008 to change “Turkishness” to “the Turkish nation.” This amendment also required the approval of the minister of justice to file a case. Since its introduction, Article 301 has been the basis for numerous legal cases and has attracted criticism for its impact on freedom of expression:
(1) A person who publicly degrades Turkish Nation, State of the Turkish Republic, Turkish Grand National Assembly, the Government of the Republic of Turkey and the judicial bodies of the State shall be sentenced a penalty of imprisonment for a term of six months to two years.
(2) A person who publicly degrades the military or security organisations shall be sentenced according to the provision set out in paragraph one.
(3) The expression of an opinion for the purpose of criticism does not constitute an offence.
(4) The conduct of an investigation into such an offence shall be subject to the permission of the Minister of Justice.
(TY/VK)