PAMUK TRIAL POSTPONED PENDING JUSTICE MINISTRY

UNCLAS ISTANBUL 002134 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PHUM PGOV TU SUBJECT: PAMUK TRIAL POSTPONED PENDING JUSTICE MINISTRY GUIDANCE REF: A. ANKARA 7242 ¶B. ANKARA 7219 ¶C. ISTANBUL 2020 ¶D. ANKARA 6930 ¶E. ANKARA 6229 ¶F. ISTANBUL 1780 ¶1. (SBU) Summary: In an unsurprising move, the judge presiding at the initial hearing in Istanbul,s Sisli District courthouse for Orhan Pamuk,s trial on charges of insulting the Turkish state decided to delay action on the case pending Justice Ministry review of possible "procedural flaws." The move places the case squarely in the political realm, with the Ministry expected to render its ruling by February 7, 2006. In contrast to the court,s bland bureaucratic maneuver, heavy security and scuffles both inside and outside the courthouse provided observers with ample atmospherics. End Summary. -------------- When in Doubt, Delay -------------- ¶2. (U) The trial of renowned novelist Orhan Pamuk in Istanbul,s Sisli District courthouse on December 16 demonstrated the power of the Turkish state to turn a dramatic occasion into a tedious exercise in bureaucracy. Amid tight security (at least 50 municipal police in body armor) and several hundred observers, including international human rights group representatives, journalists from around the globe, EU parliamentarians, and diplomats, the prosecution of Pamuk under Penal Code Article 301 ("publicly insulting and vilifying the Turkish identity") stalled almost as soon as it began with Pamuk,s entry into the hearing room. After listening to prosecution and defense lawyers argue the facts for about 20 minutes, the presiding judge demurred, ruling that possible "procedural flaws" necessitating a decision from the Justice Ministry meant he had no choice but to delay action on the case. The courthouse began to empty at 1130 after news of the judge,s decision leaked out to those cramming the dim, cacophonous, smoke-filled hallway outside the hearing room. -------------- What a Difference a Day Makes -------------- ¶3. (SBU) Outside, approximately 50 ultra-nationalist protesters stood behind red-and-white banners and a phalanx of police across the street. Some waved Turkish flags, some blew whistles, while the rest shouted slogans including "Pamuk, love (Turkey) or leave it" and "Pamuk will pay the price." We buttonholed a British official who had witnessed the proceedings to learn what went on in the hearing room. According to Liberal MP Andrew Duff, Pamuk did not utter a word. The lawyers argued, the judge ordered a delay, and that was that. Duff added that he was not impressed by the quality of Turkey,s lawyers, opining that it likely would be some years yet before they achieved a professional standard in line with that of the EU member states. ¶4. (U) Owing to the pandemonium, Pamuk himself was unable to leave the courthouse until 1230. Beneath a shower of epithets and eggs, and amid the flash of countless cameras, he was hustled by police into a waiting minivan. -------------- Comment -------------- ¶5. (SBU) It has been widely expected here that the Sisli court would find a way to delay Pamuk,s trial. They chose to do so by putting the decision squarely in the hands of Justice Minister Cemil Cicek, and insisting that under Turkey's former penal code, Ministry clearance is required before a prosecution can go forward. Cicek has indicated that he will make a decision, but claimed he has not yet received the court's petition. The EU, for its part, has made clear that it is watching closely: "Turkey, not Orhan Pamuk, is on trial here," Enlargement Commissioner Ollie Rehn declared on December 15, in comments that received wide play here. What is unclear is whether such international pressure and attention will reinforce nationalist impulses here, or achieve the desired result. End Comment. JONES