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  • If Only Turks Were British

    OhmyNews International, South Korea
    Aug 11 2007

    If Only Turks Were British
    Turkey's never-ending struggle for freedom of expression

    Ozge Baykan (ozgeb)

    "And how splendid it would be, if we could transform our people, oh
    yes, our people who are frequently seen buzzing around some hideous
    swamp like strange and wonderful horseflies -if only we could
    transform those creatures into them; them, the marvelous and innocent
    Englishmen, if only we could transform them into Englishmen with a
    single touch of a magical wand."

    The fictitious admirer in Kaya Genc's short story would be happy to
    see his country transformed into an exact copy of Britain. At times,
    he finds himself wishing "with profound sorrow" that "those
    respectable members of the House of Lords with their constant and
    colorful wags and crowns on their heads" ruled the Turks.

    Turkish writer and translator Kaya makes a mockery of this blind
    admiration of the West, but some others read it from an another
    perspective -- under Article 301 of the new penal code, he was
    accused of "insulting Turkishness."

    Kaya obtained a master's in English literature from the University of
    Amsterdam. He has continued his graduate studies in the same field in
    Istanbul. He is a devout reader and a big fan of contemporary British
    and American literature.

    When writing that story, he had Gogol's "The Diary of a Madman" in
    mind where the character imagines the dog of his beloved is capable
    of talking. "When you read it, you can't decide whether to laugh at
    him or to take him seriously," Kaya says. "Even though his ideas
    sound crazy, that's how he thinks. I like his ideas, I like that
    wonderland. But then again I don't take it seriously."

    In his case, however, some people did take the occidentalist's dreams
    seriously.

    Kaya's example is only one of the many Article 301 stories that have
    recently attracted massive attention from international media. Nobel
    Prize-winning novelist Orhan Pamuk and best-selling writer Elif
    Shafak are two other intellectuals who stood trial due to their
    writings or statements related to the mass killings of Armenians in
    the last years of the Ottoman Empire. Since the introduction of
    Article 301 in 2005, hundreds of writers, journalists, editors and
    even translators have been tried.

    While writer Perihan Magden's defense of his refusal to perform
    military service offended the military, the January assassination of
    Turkish-Armenian journalist Hrant Dink, who had previously been
    charged with insulting Turkishness in his writings on the Armenian
    "genocide," became a turning point in Turkey's struggle for freedom
    of expression.

    Article 301 stipulates imprisonment up to three years for publicly
    denigrating "Turkishness," the Turkish Republic or the Grand National
    Assembly of Turkey, as well as the judicial institutions of the
    state, and military or security organizations. The article does not
    criminalize criticism, but, due to its vagueness, it is not clear
    where to draw the line between denigration and critical opinion.

    Pamuk's words to a Swiss magazine in 2005 -- "Thirty thousand Kurds
    and a million Armenians were killed in these lands and nobody but me
    dares to talk about it" -- caused furious protests by Turkish
    nationalists who threatened the writer with death. A group of
    nationalist lawyers sued him under the penal code. The charges were
    later dropped, but the impact of the trial left Turkey with a
    negative image regarding its human rights and freedom of expression
    record.

    Trials might involve statements by real people or fictitious
    characters, as in the case of Kaya Genc. Like Elif Shafak, who was
    charged for comments made by her characters in her book The Bastard
    of Istanbul, a reader filed a complaint against Kaya. "He [the
    reader] mistook me for a character of my own creation, which is a
    very common mistake among readers who don't have good reading
    skills," Kaya said.

    "I am well educated, well read and very familiar with the literary
    canon. Whereas those people, who like to complain about intellectuals
    and novels so much, are completely unaware of what irony is or what
    parody is," he added.

    For Kaya, readers who like to complain "lack the knowledge of basic
    linguistic and rhetorical concepts; they cannot distinguish the
    voices of characters, the narrator and the author from each other,
    which perfectly reflects the way they perceive this society. They
    don't know how to read properly, so they can neither see the irony in
    my work nor in the world that surrounds us."

    The law is designed so that anyone who feels offended by the
    "intentions" of a writer can file a complaint. "That's exactly the
    problem because when someone filed a complaint against you, you will
    have to go and tell them that you did not intend to do what they
    charge you with, which is a real headache, as you may have to spend
    the rest of your life claiming to be innocent," Kaya explained.

    Among many others, Pamuk and Dink were made to prove their intentions
    in public after the lawsuits were brought against them. Still, they
    failed to convince those who felt offended, especially the
    ultra-nationalists.

    Threats against their lives continued, which meant they had to cancel
    several meetings and interviews, and take more security measures.
    After the murder of Dink, who had been receiving threats for over a
    year but refused to leave his homeland, the climate of fear managed
    to scare publishers and editors who now hesitate to publish texts
    that might constitute a crime.

    As an intellectual who felt the blade of Article 301 on his neck,
    Kaya said with a vague smile,"I don't feel threatened that much. I
    feel threatened by the stupidity of certain readers but not Article
    301 per se."

    "I have no regrets, no. I am proud of having written it."
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