US embassy cable - 05ANKARA5233

C O N F I D E N T I A L ANKARA 005233 
 
SIPDIS 
 
ANKARA PASS TO AMCONSUL ADANA 
 
E.O. 12958: DECL: 09/07/2015 
TAGS: PHUM, PGOV, TU 
SUBJECT: ORHAN PAMUK CASE - CHARGE' TELEGRAPHS USG CONCERNS 
ON FREE SPEECH 
 
REF: A. 04 ANKARA 5671 
 
     B. 02 ANKARA 6116 
 
Classified By: A/DCM James R. Moore, E.O. 12958, Reasons 1.4 (b) and (d 
) 
 
 1. (C)  During a September 7 meeting with Turkish MFA U/S 
Ali Tuygan, CDA McEldowney raised the freedom of speech court 
case that has been brought against world-renowned author 
Orhan Pamuk.  Pamuk has been charged with "insulting Turks" 
for written remarks in which he made reference to the 
Armenian genocide (see para 4, below).  Charge pointed out to 
U/S Tuygan the absurdity of hauling Pamuk into court for 
expressing his opinion on the Armenian genocide issue, 
especially at a time when the FM has, in principle, agreed to 
make the opening address at an historical conference on the 
Armenian issue.  She stressed that, in the interest of 
freedom of speech, the GOT should go on the record and say 
the Pamuk case is simply a bad case. 
 
2. (C)  Tuygan responded that there is freedom of speech in 
Turkey, but that the government did not interfere with the 
independent judiciary.  Charge emphasized that no one thought 
the GOT was behind the case, nor was she asking anyone to 
interfere with the judiciary - merely to call a spade a 
spade.  This was a bad case, and the GOT should have the 
freedom to say so.  She added that the case had caught the 
attention of the world media - the Washington Post, the 
Financial Times, the Wall Street Journal, the Economist.  The 
government, she reiterated, should speak out. 
 
3. (U)  FM Gul, responding to criticism from European 
countries on the Pamuk case, stated publicly that he wanted 
to ensure the world that there was, indeed, freedom of speech 
in Turkey.  People, he said, could express their views 
freely, as long as they did not incite to violence.  No 
decision, he added, had been made in the case against the 
author.  NTV (MSNBC) carried Gul's remarks. 
 
4. (U)  Pamuk has been charged under the Penal Code with 
insulting "Turkishness," a charge which, under the old penal 
code, carries a sentence of up to one year and, under the new 
code, up to three.  He is scheduled to appear before an 
Istanbul court on December 16.  The charges stem from 
comments Pamuk made to a Swiss newspaper in 2004 on the 
Armenian genocide and which became actionable when the 
Turkish publication "Aktuel" published them in Turkish in a 
recent issue.  Pamuk had written that the Armenian genocide 
was a delicate topic in Turkey and that "one million 
Armenians and 30,000 Kurds were killed on this territory." 
 
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Comment 
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5. (C) Although the GOT has adopted much-heralded legal 
reforms in pursuit of EU membership, it has made only 
marginal changes to legal restrictions on controversial 
speech.  For example, before the reforms it was illegal to 
"criticize or insult" the State or Turkishness; now it is 
only illegal to "insult" (see reftels).  This semantic 
distinction has little meaning to prosecutors, many of whom 
are ultra-nationalists suspicious of the EU and the reforms, 
and jealously protective of the state.  Unlike in past years, 
these types of speech cases these days typically end in 
acquittal, but only after a long, intimidating process.  No 
one should be surprised that Pamuk's comments have drawn the 
attention of the authorities.  Other, less renowned writers 
and activists continue to be taken to court for controversial 
speech on a routine basis. 
MCELDOWNEY