US embassy cable - 03ISTANBUL386

UNCLAS SECTION 01 OF 02 ISTANBUL 000386 
 
SIPDIS 
 
 
E.O. 12958: N/A 
TAGS: PHUM, TK, Istanbul 
SUBJECT: PUSHING BACK ON CENSORSHIP: "ARARAT" AND FREEDOM 
OF THOUGHT 
 
1. (U) Summary: Istanbul contacts claim the overall climate 
for free expression continues to improve.  While the GOT 
continues to censor works dealing with the Kurdish issue and 
other sensitive topics, improvements in legislation have 
strengthened the underlying legal basis for freedom of 
expression.  The film "Ararat," which runs headfirst into one 
of the most sensitive political issues in Turkey, the tragic 
massacres of Armenians in the Ottoman Empire during the early 
twentieth century, is not expected to face obstacles to its 
release in Turkey.  These Istanbul contacts ascribe most 
problems with censorship not to specific government policies, 
but to narrow-minded bureaucrats who are stubbornly resistant 
to change.  End Summary. 
 
 
Freedom of Thought Movement 
-------------------------------------- 
2. (U) Author and free speech activist Sanar Yurdatapan 
described the work of his Freedom of Thought movement, which 
began in 1995 as a signature campaign in support of renowned 
author Yasar Kemal, who was under investigation for a letter 
he had published in a national daily.  Using a Turkish law 
that held writers and publishers equally responsible for 
their publications, Yurdatapan and over 1000 supporters 
"re-published" Kemal's letter, thereby forcing the 
prosecutors to open cases against all of them.  The cases 
dragged on for years, eventually resulting in dismissals for 
the defendants.   In the meantime, the movement replicated 
these tactics and began to publish regular compilations of 
writings and transcripts that had been subject to 
investigations and trials, using prominent names as 
"publishers" to publicize the cases and shame the system into 
acquitting the defendants.  The movement continues to publish 
one or more pamphlets each year and supports the original 
defendants in their legal battles in the courts. 
 
 
Film Review and Rating Commission 
--------------------------------- 
3. (U) Film directors, producers, and distributors generally 
fare somewhat better than their prose counterparts.  Unlike 
publishers, however, film producers and distributors must 
submit films to the Review and Rating Commissions (RRC) for 
an age-based suitability rating and prior approval before 
they can distribute them to theaters.  Legislative reforms in 
1991 established a Lower RRC with 3 members (2 appointed by 
the industry, one by the state) and a Higher RRC with 7 
members (4 appointed by the industry, 2 by the state, and one 
by the National Security Council).  Only particularly 
controversial and sensitive cases are submitted to the Higher 
RRC.  According to Bedahattin Cetin, President of Belge Film 
(a film distribution company specializing in foreign and 
artistic films) and Vice President of the National Film 
Platform (an industry coalition), only one film has been 
denied marketing approval since the RRCs were established. 
That film, "Big Man, Small Love," was subsequently granted 
approval by the courts (and won national accolades), although 
the director herself is still the subject of an ongoing court 
case. 
 
 
"Ararat": No Problems Expected 
------------------------------ 
4. (U) Cetin currently owns the distribution rights for 
"Ararat," the film written and directed by Atom Egoyan about 
the mass killing of Armenians that took place in 1915 in the 
waning days of the Ottoman Empire.  Cetin told poloff that he 
expects a very limited demand for the film, perhaps no more 
than three screens.  Although there were local press reports 
last year when the film first came to public attention that 
the then-National Security Council described it as the 
greatest threat to Turkey since "Midnight Express," Cetin 
assured poloff that he has not experienced, nor does he 
anticipate, any problems or obstacles in bringing the film to 
Turkey.  "In fact, a government minister personally 
congratulated me on taking the initiative," Cetin said. 
Cetin did note that he planned to edit a particularly violent 
and shocking rape scene, but not for political reasons (Cetin 
claims that, upon hearing his concerns, the film's director 
admitted that the same scene had been edited for U.S. 
distribution).   Cetin's primary concerns are about the 
timing of the film's release in relation to a possible war in 
Iraq. 
 
 
Narrow-Minded Bureaucrats 
------------------------- 
5. (U) Both Yurdatapan and Cetin told poloff that the primary 
obstacles to freedom of expression are narrow-minded 
bureaucrats who are generally inclined to ignore legislative 
changes that protect the rights of writers, journalists, and 
film makers.  Asked whether there might be a link between the 
level and type of harassment and which political parties are 
in government, both said they had not detected any such 
pattern.   According to Yurdatapan, many, if not most, of the 
cases filed against writers and journalists are eventually 
dismissed in the courts.  The cases and trials themselves, 
however, continue to be used as a form of harassment.  As for 
films, despite having prior approval from the RRCs, Cetin 
admitted that local governors still have the authority to 
pull films from the theaters and send them to court if they 
believe they are subversive.  The American film "Basic 
Instinct" and the Iranian-Kurdish film "A Time for Drunken 
Horses," for example, were pulled from theaters in separate 
provinces on the order of local governors (the former for its 
explicit sexuality, the latter for its portrayal of the 
Kurds).  The courts overturned the bans in both cases and the 
increased publicity that resulted led to long and successful 
runs in the theaters. 
 
 
Comment 
------- 
6. (U) If the opening of "Ararat" goes as smoothly as Cetin 
predicts, it would indeed be a positive sign.  However, to 
date, it remains unclear whether recent reforms will lead to 
a broad loosening of state censorship.  The Publishers' 
Association of Turkey reports that, in 2002, the GOT opened 
cases against 67 books and leveled charges against 35 
publishers and 48 writers; in 2001, the GOT took such action 
against 42 books, 23 publishers and 38 writers.  The GOT 
continues to level charges of separatism against writers and 
publishers of works dealing with the Kurdish issue or using 
the word "Kurdistan." 
ARNETT