Say it like it is

Yet, the assessment should be completely fair. Although many facets of free speech have been subjected to reform, half of the glass is empty. And it is the empty part that demands constant attention.

This is what I call “in the middle.”

Some time ago, Bülent Ersoy, a transsexual celebrity known as one of the best interpreters of classical Turkish music, had voiced her anger against the ongoing violence between the armed forces and the Kurdistan Workers' Party (PKK) and mentioned that our boys should not be sent to be killed on that front. Or something like that. This was seen as a “crime” strong enough to “discourage people from the military service” (as formulated in the law). The indictment caused an outrage from liberal circles, and was later dropped.

Others faced a more serious fate. Atilla Yayla, a scholar, was sentenced to a conditional prison sentence for referring to Mustafa Kemal Atatürk, founder of Turkey, as “that man.”

As reported by Today's Zaman, Şamil Tayyar, one of the best-informed colleagues in Ankara and, by evidence of a book on Ergenekon, an expert on the case, was also sentenced to prison for printing excerpts from the indictment of the case; the sentence has been suspended on condition of “good behavior” in the future.

The public debate launched and encouraged by the government on the Kurdish issue is also showing signs of turning into a minefield. Prime Minister Erdoğan had called for everybody to speak from their heart but seemed to forget the fact that the reform on the segments covering free speech has proven to be either incomplete or insufficient. He has also not taken into account the fact that a planned reform of the judiciary has not yet even started.

This, without a doubt, makes such a crucial debate very fragile.

The new target is now Hülya Avşar, another celebrity from the movie world. Coming from a family of mixed Turkish and Kurdish elements, she had recently decided to speak from her heart. Her calls for a reform and her sincere confession of having a mixed identity are now interpreted as “incitement to hatred” and she faces a painful trial, though it is highly unlikely that she risks being sent to jail.

The irony is, while Avşar is subjected to a legal investigation, a lot of others, including leading politicians, bureaucrats and (ex) military figures, do present fresh examples of hate speech on a daily basis, without being bothered at all. In this context, not even a single member of Parliament, nor its Justice Commission, pay attention to the misinterpretations of articles (of the Penal Code [TCK]) such as 216. Actually aimed at punishing racism and hate speech, 216 has been implemented to target citizens who advocate human and minority rights and cultural diversity.

Then you have the so-called “independent” and “impartial” judiciary. Clearly, those among prosecutors and judges, also those in higher courts who continue to interpret the law in favor of state (ideology) rather than individual rights and freedoms as Turkey has committed itself, are still active without having to face disciplinary measures, nor have they been “updated” on the reforms.

It is no wonder that it is the same prosecutor behind the charges against Bülent Ersoy and -- now -- Hülya Avşar. It should be revealing enough proof of a resistant mentality when one looks at the following remarks in the prosecutor's plea about Ersoy, the one on the “sacred position” of the military service in society: “In the conscience of Turkish People,” the “home of the military” and “the home of the Prophet” have equal value. It is a strong tradition, in this context, that new soldiers are sent to the barracks with spontaneous ceremonies and popular celebrations, everywhere in the country. To be a martyr or a war veteran adds to the social value of the people and families. Its sublime value is also sealed in the national saying: ‘Every Turk is born a soldier'.”