Yurdatapan stated that the judge based his decision on article 199 of Turkey's penal law (old CMUK), and added such a decision can only be taken if the defendant fails to attend the hearing for many times without reporting an excuse.
Yurdatapan: Decision was totally unnecessary
Yurdatapan said that the related article of the law allows the court to make sure the defendant is at the hearing, whether he is brought by police officers or through an arrest warrant. He added that this provision was never put into practice for the police officers charged with torture.
"We believe that this interesting treatment of Orhan Pamuk was totally unnecessary," said Yurdatapan.
Yurdatapan drew attention to the threats posed by the CMK. He said Orhan Pamuk would attend the hearing anyway. "How can you explain the need for police officers to bring him to court?" asked Yurdatapan.
EU Enlargement Commissioner Olli Rehn, during a speech at the European Parliament's foreign affairs committee, said the Pamuk case brought to light serious problems with the interpretation of the TCK. Deciding to begin a trial against Pamuk on 16 December- the date of an official EU summit- "may not just be a coincidence," said Rehn. "This has to be a provocation."
Olli Rehn added that the case also violates the European Convention on Human Rights. (EO/KO/EA/YE)
