Writer appeals to court to acquit Zarakolu in 301 case

Publisher Ragıp Zarakolu was on trial on Wednesday, facing a jail sentence of up to three years for insulting national identity under a law the European Union says unfairly restricts freedom of speech and wants scrapped. Article 301 of the Turkish Penal Code (TCK), which makes it a crime to "insult Turkishness," has been used in the prosecution of writers and intellectuals.

Prosecutors accuse Zarakolu of insulting "Turkishness" for publishing a Turkish-language translation of a book by London-based author George Jerjian called "The Truth Will Set Us Free." The book urges reconciliation between Turks and Armenians and covers the deaths of Anatolian Armenians at the hands of Ottoman Turks during World War I, a highly sensitive issue for Turkey. "Ragıp Zarakolu did not write the book. I did. In fact the information inside my book that the prosecution finds objectionable is not even mine. The information belongs to eminent scholars and writers, such as Dr. Vahakn Dadrian, Dr. Taner Akcam and Stephen Kinzer, a Turcophile American journalist. I used their information to promote a 'fresh' understanding of history between Turks and Armenians, an understanding that would help both peoples move forward in this new and fast-changing century," Jerjian said in a letter sent on Wednesday to the 2nd Court of First Instance in İstanbul, where Zarakolu is being tried.

"These writers are not liars, who fabricate stories to undermine and destabilize Turkish society: they are writers who want to the truth to emerge, for the benefit of society and their fellow men. They are not street urchins, who derive pleasure from insulting their fellow men: they are adults who derive pleasure when the fruits of their work benefit society and their fellow men. They are not criminals, who inflict pain and suffering on their fellow men; they are heroes who should be celebrated for liberating and enriching their society," Jerjian also said in the letter.

"In fact, Honorable Judges, I would state to you Ragıp Zarakolu did not insult and ridicule the Turkish nation and republic. ... Honorable Judges, I urge you to acquit Ragıp Zarakolu, for he is an innocent man," he concluded.

The trial was previously adjourned until Jan. 31, 2008, in order for the defense to prepare, as Zarakolu's lawyer, Özcan Kılıç, was unable to attend the hearing on Wednesday.

Article 301 reform tied to progress in EU talks, say Turkish officials

Turkey will reform a controversial law the EU says unfairly restricts freedom of speech when the EU allows its stalled membership talks to resume, Turkish officials said on Friday.

Turkey has been under heavy pressure from the EU to amend or scrap Article 301 of the Turkish Penal Code (TCK), which makes it a crime to "insult Turkishness," but Ankara is frustrated by French President Nicolas Sarkozy's efforts to block the negotiation process for its accession to the EU. Sarkozy opposes allowing Turkey, a large, relatively poor, Muslim country, to join the 27-nation bloc. German Chancellor Angela Merkel this week also reiterated her opposition to Turkey's membership.

"There is full political will to change Article 301 -- that has been decided on -- but the details and timing depend on the EU taking certain steps," said a senior government official, speaking on condition of anonymity. "It will be difficult to press the button on new reforms [if no new negotiation chapters are opened]," the official said.

French diplomats have been fighting backroom skirmishes in Brussels to keep any reference to "accession" or "membership" in connection with Turkey out of an EU foreign ministers' statement next Monday on enlargement policy, EU sources said. EU ambassadors were meeting to try to resolve that drafting dispute on Friday.

Turkey hopes to open talks on at least two more chapters, or policy areas, under Portugal's EU presidency, which ends on Dec. 31. EU officials said a meeting to launch negotiations on health and consumer affairs policy and trans-European networks was set for Dec. 18, provided EU leaders agree next week on creating a "reflection group" to study the bloc's long-term future.

Sarkozy initially wanted the group to debate the final borders of Europe, but the draft mandate likely to be adopted at a summit next Friday speaks of examining "how the stability and prosperity both of the Union and of the wider region might best be served in the longer term."

Ankara's friends in the EU are fighting to include a reference to "commitments entered into," to underline the bloc has given its word to Turkey that the objective of the talks is full membership.

But France has been blocking the opening of chapters, diplomats say. Ankara Reuters