This record is a partial extract of the original cable. The full text of the original cable is not available.

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