USA Today
Sept 19 2006
Author could face prison if convicted of ‘insulting Turkishness’
Updated 9/19/2006 10:43 PM
Elif Shafak
By Michael Kuser, Special for USA TODAY
ISTANBUL – Turkish novelist Elif Shafak faces trial here Thursday on
charges of “insulting Turkishness” through comments made by a
fictional character in her latest novel, The Bastard of Istanbul.
Shafak, 34, who teaches Middle Eastern studies at the University of
Arizona, splits her time between Tucson and Istanbul, where she is
helping set up a master’s program in American culture and literature
at Bahcesehir University.
The charges against Shafak – the latest of at least 60 cases
involving authors and journalists here – raise questions about
Turkey’s readiness to become a full member of the European Union, a
move the United States supports as a way to bolster a secular,
democratic Muslim state in a pivotal geographic and political
position.
She could face up to three years in jail on charges she violated
Article 301 of the Turkish Penal Code by having an Armenian character
in the book say that “Turkish butchers” killed her family and that
the deaths were “genocide.”
Shafak – who delivered her first child, a girl, on Saturday – wants
to appear in court when the trial starts, her husband, Eyup Can, said
Tuesday.
Can, who is editor of a Turkish business daily, said, “Most probably
she won’t be able to go, due to her condition.” He said Shafak’s
lawyer will ask for a one-month postponement.
Turkey has been making efforts to change its criminal and justice
systems to meet European standards to qualify for full EU membership.
That’s the goal of negotiations that started last October and could
take a decade.
The failure to remove restraints on freedom of speech has led to
charges against writers including Shafak. Under the 2005 law, anyone
who criticizes the state or denigrates Turkish identity in any form
can be prosecuted.
Several writers have been convicted, though none has gone to jail.
Instead, the courts have handed down fines. The maximum amount
levied: $4,000.
National history
The charges against Shafak are based on events that, although they
took place nearly a century ago, remain a sore spot for Turks and
Armenians.
Official Turkish history says the mainly Orthodox Christian Armenians
sided with Russia in an attempt to carve out a chunk of territory
from the crumbling Ottoman Empire. History books here say many
Muslims were killed in the fighting and the Armenians paid the price
for their losing bid.
It is a criminal act in Turkey to back the view that forced marches
to the Syrian border that killed up to 1 million Armenians should be
considered genocide.
Other taboo topics include the rights of Turkey’s Kurdish minority
and Turkey’s justification for invading the now-divided island nation
of Cyprus in 1974.
Many Turks support Article 301 because they fear dredging up the past
will hurt Turkey’s aspirations to join the EU. “Talking about Turks
killing people will give people in Europe and America the wrong idea,
for it started with the Armenian attacks,” says Banu Aktac, 43, a
tour guide in Istanbul.
International PEN, a London-based group that promotes free speech,
says Article 301 fails to meet international standards that protect
freedom of expression such as the European Convention on Human
Rights, which Turkey has signed.
“The trial against Elif Shafak is another sign that the situation in
Turkey has become stricter,” says Eugene Schoulgin, a PEN board
member who is in Istanbul to attend the trial. “It’s basically a
crackdown on writers and journalists and is a result of the country’s
paranoiac attitude toward honor.”
Author’s themes
The Bastard of Istanbul tells the story of two women connected by a
family secret. In the novel, a woman whose Armenian grandmother was
raised by a Turkish Muslim family after being orphaned says, “I am
the grandchild of genocide survivors who lost all their relatives in
the hands of Turkish butchers in 1915.”
The themes of The Bastard of Istanbul- how memories differ from
person to person – evolved from the author’s previous work exploring
mysticism, religion and nostalgia, among other subjects.
Born in Strasbourg and raised in France, Spain, Jordan and Turkey by
a single mother who was a Turkish diplomat, Shafak began as a child
to question her nationality and what it means to be a woman. “Only
through my novels can I continue to explore the boundaries of
identity,” she says.
Shafak wrote The Bastard of Istanbul in English. She then wrote a
translated version for the Turkish market. The novel was published
here in March and has sold more than 60,000 copies. The
English-language version will be out early next year.
University of Arizona officials sent letters to Turkey’s foreign
minister and to the Turkish ambassador in Washington to protest
Shafak’s prosecution, says Anne Betteridge, director of the school’s
Center for Middle Eastern Studies. Betteridge was not aware of any
response.
The U.S. Embassy in Ankara has been closely following Shafak’s case
and others that involve free speech. “We have raised concerns about
freedom of expression issues with Turkish authorities,” embassy
spokeswoman Kathryn Schalow says.
Among other writers who have been prosecuted under Article 301 is
Hrant Dink. His six-month suspended sentence for “insulting
Turkishness” in his newspaper, Agos, was upheld last month.
Shafak’s case, dismissed by a lower court, was reinstated by another
court in early July after Kemal Kerincsiz filed a complaint. The
ultranationalist lawyer initiated many of the cases against writers
who brought up the Armenian deportations through the 800-member
Jurists Union, an independent, non-governmental organization he
founded in 2002.
Kerincsiz says his campaign is a way to derail Turkey’s negotiations
to join the EU. He has called membership in the 25-nation bloc a form
of slavery. He also dismisses writers’ concerns about being put on
trial. “What’s the big deal with a trial? Orhan Pamuk became a
prince,” he says, referring to Turkey’s leading writer, who also is
on trial. “And now Elif will be a princess.”
Shafak says hostility to EU membership is a troubling sign for
relations with the West. “Anti-Turkish sentiment in Europe buttresses
Turkish nationalism,” she says, referring to European concerns about
admitting the predominantly Muslim nation of 70 million to the EU. “I
only fear a backlash because it gives foreigners the impression that
Kemal Kerincsiz represents the majority, which I don’t believe he
does.”
From: Emil Lazarian | Ararat NewsPress

King Congratulates President of Armenia
Jordanian News Agency
September 20, 2006 Wednesday 2:29 PM EST
Amman, September 20 — His Majesty King Abdullah II on Wednesday
sent a cable to President Robert Kocharian of the Republic of Armenia
congratulating him in his name and on behalf of the Jordanian people
and government on the occasion of his country’s Independence Day.
The King wished the president continued good health and happiness
and the people of Armenia further progress and prosperity.

Five items on Turkey on the agenda of the European Parliement session
Public Radio of Armenia
Sept 20 2006
20.09.2006 18:18 — By the offer of French Socialists, the agenda of
the European Parliament session to be held September 25-28 includes
5 items referring to Turkey. These include cancellation of the
Talaat-Pasha movement, recognition the Armenian Genocide by Turkey,
establishment of diplomatic relations with Armenia and opening of the
Turkish-Armenian border. Besides, the recognition of the Armenian
Genocide was suggested as a precondition for Turkey’s accession to
the EU. The French socialists also insist on inclusion of an item
on Turkey’s deliberate non-acknowledgement of the Armenian Genocide,
reported APA.

Public Radio of Armenia
Sept 20 2006
Arkady Ghukasyan: During the years of independence we have built two states
20.09.2006 18:02
Alisa Gevorgyan
“Radiolur”
“The 15 years of independence were first all years of struggle for real
independence of Armenia. Unfortunately, in any struggle, losses are
inevitable. It is the duty of all of us to pay tribute to those who
sacrificed their lives for our real independence,” Defense Minister
Serge Sargsyan says. What did we learn during these 15 years and how
should we continue?
“These 15 years were filled with the joy of success and grief of
failures. These years have taught us that any decision should be
taken in the result of long discussions and considerations, to have
these correspond to the interests our state and people.
Unfortunately, here also we cannot do without mistakes, since every
people passes the path of independence on its own, and it is impossible
to fully repeat the way passed by other nations, Sege Sargsyan told
the journalists.
In NKR Presidnet Arkady Ghukasyan’s words, the real achievement
of the past 15 years was the statehood of the Republic of Armenian
and the Nagorno Karabakh Republic. “It is natural that not all of
our problems have been resolved, but I’m sure these will find their
solution If we are united. War takes the best, those who are on the
front line, and we are obliged to build a state that will deserve
their dreams. During these years we have built two states instead
of one, and I think that this is a great achievement. Certainly,
this Armenia and Karabakh are not completely what we desired, but
everything is in our hands and it’s senseless to rely upon others.”
In NKR President’s words, if you do not wish war, you must always be
ready for it. He considers that during the years to come the emphasis
should be laid on security issues and the power of the army. “War is
not our choice, this war was imposed to us and we won, but life has
proven that wars never resolve questions. We should try to find the
solutions of our problems in the political field,” Arkady Ghukasyan
stated.

Vardan Oskanian: The Co-Chairs may discuss the opportunity of Karabakh’s participation in the talks
Public Radio of Armenia
Sept 20 2006
20.09.2006 17:17 — It is not ruled out that the opportunity of Nagorno
Karabakh’s participation in the talks will be discussed during the
upcoming meeting of the OSCE Minsk Group Co-Chairs in New York,
RA Foreign Minister Vardan Oskanian declared today.
At the same time the Minister noted that after the last meeting with
the Co-Chairs the situation has changed to some extent. As it is
known, the question of frozen conflicts on GUAM territory has been
put on the agenda of the 61st session of the UN General Assembly. It
has been included also in the agenda of the talks with the Co-Chairs.

Public Radio of Armenia
Sept 20 2006
Rudik Usnunts: All pecularities of Artsakh’s statehood should be
included in NKR Constitution
20.09.2006 15:45
“Our party has its position on the draft Constitution presented to
the consideration of the Parliament. We think that all peculiarities
of Artsakh’s statehood should be embraced in the Constitution. As
member of the State Constitutional Commission, I have made a number
of suggestions, many of which have already been adopted at the
Commission’s sitting,” NKR Deputy Speaker of Parliament, Co-Chair
of the “Azat Hayrenik” Party Rudik Usnunts said in an interview with
“Demo” newspaper.
In his opinion the adoption of the Constitution will promote the
rise of the effectiveness of the activity of the three branches of
government. The Constitution will provide for the balance between the
activity of the legislative, executive and judicial branches of power,
which will in its turn, bring to the reinforcement of democracy in
the country.
“According to the draft Constitution, the Prime Minister is appointed
by the President after consulting with the National Assembly Speaker
and Heads of Parliamentary factions. We consider that the Prime
Minister should be approved by the Parliament, which will lead to he
rise of the Parliament’s role,” Usnunts noted. The Deputy Speaker of
the National Assembly characterized the adoption of the Constitution
as an important step towards integration into the civilized world.
From: Emil Lazarian | Ararat NewsPress

Yuri Merzlyakov: “Azerbaijani and Armenian foreign ministers will not meet in New York”
Today.Az
21 September 2006 [10:22] – Today.Az
Azerbaijani and Armenian foreign ministers Elmar Mammadyarov and
Vartan Oskanian will not have talks on the settlement of the Nagorno
Karabakh conflict during the 61st session of the UN General Assembly
in New York.
The ministers will meet with the co-chairs of the OSCE Minsk Group
separately. Russian co-chair of the Minsk Group Yuri Merzlyakov told
the APA exclusively.
Commenting on the reasons to the failure to organize the ministers’
meeting, the co-chair said Armenian minister Vartan Oskanian warned
during his meeting with the co-chairs in Paris on September 12 that he
would refuse meeting with Elmar Mammadyarov if the “frozen conflicts”
are included into the agenda of the UN session.
“During our meeting with Mr. Mammadyarov in London on September 13 it
was reported that the General Committee of the Assembly did not include
the issue on unresolved conflicts that was offered by the GUAM. And
we agreed with Mr. Mammadyarov for the meeting of ministers in New
York. However, after that GUAM’s offer was discussed at UN General
Assembly’s plenary session and accepted by the vote. Following that,
Vartan Oskanian declared that he would not meet with Mammadyarov but
have talks with the co-chairs only,” Mr.Merzlyakov said.
During the talks between the co-chairs and the foreign ministers in
Paris and London, it was agreed to arrange meeting of Mammadyarov
and Oskanian in New York on 25-26 September

Angus Reid Global Scan, Canada
Polls & Research
Armenians Reject Trade, Commerce with Turkey
September 21, 2006
– Many adults in Armenia believe their border with
Turkey should not be reopened unless there is an acknowledgement of
the genocide, according to a poll by the Gallup Organization. 57 per
cent of respondents reject resuming cross-border travel and commerce.
Relations between Armenia and Turkey are still tense due to historical
factors. In 1915, the government of the Ottoman Empire-formed by
members of the Turkish nationalist Committee of Union and Progress
(ITC)-ordered hundreds of thousands of Armenians to relocate from
the Caucasus to Mesopotamia.
The state-sponsored deportation campaign led to a high number of
Armenian fatalities, estimated at anywhere from 200,000 to 1.8
million. While some scholars believe the campaign was a deliberate
attempt to exterminate Armenians, Turkey has never formally accepted
the use of the term “genocide” to describe the event.
Yesterday, Turkish deputy prime minister Egemen Bagish discussed
the situation, saying, “(Turkish prime minister Recep Tayip) Erdogan
took a step that no one has ever taken. He declared that the Turkish
people are ready to stand face-to-face with their past and offered
discussions with Armenia if it can do the same. Armenians rejected
to stand-face-to-face with their past and said they will make Turkey
accept what they want. So, there is nothing to say in this case.”
The poll was conducted with the support of the Armenian Sociological
Association, the U.S. Agency for International Development and the
International Republican Institute.
Polling Data
Do you agree or disagree with reopening of the Turkish-Armenian
border, that is, the unconditional resumption of cross-border travel
and commerce, without Turkish recognition of the genocide?
Agree
39%
Disagree
57%
Source: Gallup Organization / Armenian Sociological Association /
U.S. Agency for International Development / International Republican
Institute Methodology: Interviews with 1,200 Armenian adults, conducted
in early August 2006. Margin of error is 3 per cent.

Spain Withdraws Alleged Armenian Genocide Draft
By Anadolu News Agency (aa), Madrid
Zaman Online
09.21.2006 Thursday – ISTANBUL 09:32
Wednesday, September 20, 2006
zaman.com
It has been reported that a proposal on the alleged Armenian genocide
submitted to the Spanish parliament by two deputies from the extreme
nationalist Republican Left of Catalonia (ERC) Party was withdrawn
following efforts made by the Turkish Madrid Embassy to prevent
its adoption.
The draft proposal, submitted to the Spanish parliament’s foreign
affairs commission in June by Rosa M. Bonas and Joan Puigcercosi from
the ERC, was withdrawn without parliamentary discussion.
Following its submission, Turkey’s ambassador to Madrid, Volkan Vural,
communicated with authorities from the Spanish foreign ministry and
parliament, and sent letters to the MPs who put forward the proposal
as well as to Chairman of the Foreign Affairs Commission, Josep Duran
Lleida, in an effort to prevent its adoption.
Ambassador Vural stressed in the letters that the adoption of the
proposal would be harmful to the bilateral relations between Turkey
and Spain.
Ambassador Vural lastly met with Catalan Deputy Maria Bonas and
convinced her to withdraw the proposal.
From: Emil Lazarian | Ararat NewsPress

REGNUM
September 21, 2006September 21, 2006
Nagorno Karabakh Parliament deputy speaker: “Adoption of constitution
is important step on the path to integration”
“Our party has its own approaches to the draft constitution,
submitted for parliamentary discussion. We believe that features of
the Karabakh state system should be recorded in the constitution. As
a member of state constitutional commission, I tabled a number of
motions; majority of them were accepted at a commission session,”
Nagorno Karabakh National Assembly Deputy Speaker, Free Homeland
Party co-Chair Rudik Usnunts is quoted by a REGNUM correspondent as
stating in interview to Karabakh Demo public newspaper.
According to him, adoption of the constitution will contribute to
increasing efficiency activity of all three power branches. The latter
will contribute to strengthening democratic foundations in the country.
According to the draft constitution, prime minister will be appointed
by country’s president after consultations with the National Assembly
chairman and parliamentary factions’ leaders. “We believe that prime
minister should be appointed by the parliament; we will insist on
the recoding it in the constitution.
>>From our point of view, it will become a step to increasing role
and responsibility of parliament,” Rudik Usnunts stressed.
According to the NKR parliament deputy speaker, the ‘neither war
nor peace’ state does not prevent country from having a progressive
constitution, adoption of which “will become considerable step on the
path to country’s integration into civilized world and international
recognition.” “Artsakh people, who have won on battle field, should
live worth life; constitution should become legal guarantor of it,”
Radik Usnunts pointed out.