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UNCLAS ANKARA 001142 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL OSCE TU
SUBJECT: TURKEY: MOJ SAYS COURT ERRED IN FIRST ARTICLE 301 
CONVICTION FOR INSULTING TURKISHNESS 
 
REF: ANKARA 833 
 
¶1. (U) Summary and comment: In the first high-profile verdict 
to be handed down since parliament amended 
controversial Penal Code Article 301 (insulting 
"Turkishness"), an Istanbul court sentenced  Armenian-British 
publisher Ragip Zarakolu to pay a fine of 1400 YTL (USD 
1100), for publishing a book discussing the 1915 mass-killing 
of Armenians.  Zarakolu vowed to appeal.  A senior Justice 
Ministry official disagreed with Turkish and international 
press commentary that the result demonstrates recent 
amendments to Article 301 would be ineffective.  He told us 
the court erred by not complying with the amended law's 
mandate to have all prosecutions (new and active) authorized 
by the MOJ; he predicted higher courts would reverse the 
Zarakolu decision.  End summary and comment. 
 
------------------------------------- 
Publisher Convicted Under Article 301 
------------------------------------- 
¶2. (U) Istanbul prosecutors initiated the case against 
Zarakolu four years ago under TPC Article 159 -- Article 
301's precursor -- for publishing the Turkish translation of 
Armenian-British writer George Jerjian's "The Truth Will Set 
Us Free," a story of the writer's family in 1915, and how a 
Turkish soldier protected his grandmother from the Armenian 
massacres.  The court suspended the case numerous times, most 
recently in early 2008 while Parliament debated Article 301 
reforms passed on April 30 (reftel).  The court sentenced 
Zarakolu June 17 to five months' imprisonment, but commuted 
his sentence to a 1400 YTL judicial fine (USD 1100). 
 
¶3. (U) After the decision, Zarakolu said such rulings had 
silenced many writers in Turkey but he would continue to 
challenge the restrictions.  "I was partly expecting this 
result.  But it is a struggle for the truth and it will go 
on.  I do not consider myself convicted.  This is a 
conviction for official history and for denial," he said. 
 
¶4. (U) In reporting the result, most media interpreted the 
court's decision as evidence the amended Article 301 would be 
ineffective.  The news coverage asserted that revising 
Article 301 from insulting "Turkishness" to the "Turkish 
state" had no impact on the court's decision.  Media also 
noted the court did not abide by Article 301's new 
requirement that all cases be sent to the MOJ for review and 
authorization to prosecute. 
 
----------------------------------------- 
MOJ Disagrees With Court's Interpretation 
----------------------------------------- 
¶5. (SBU) Ministry of Justice DG Aykut Kilic told us the court 
inaccurately concluded it did not need to send the case to 
the MOJ because MOJ reviewed the file when the case was 
opened under Article 159.  Amended Article 301 requires 
courts to send both pending and newly filed cases to the MOJ 
for review and authorization to prosecute, a requirement 
Kilic noted that will increase the workload of the ministry's 
Penal Department.  (Note:  There were over 1,500 Article 301 
cases opened in 2006, according to MOJ statistics.)  He 
insisted the department is sufficiently equipped to handle 
the task, having performed the same duty under Article 159. 
Kilic cautioned us to watch for higher-court rulings on the 
Zarakolu case, which he predicted would overturn the ruling 
and require the court to submit the case to the MOJ for 
review. 
 
 
Visit Ankara's Classified Web Site at 
http://www.intelink.sgov.gov/wiki/Portal:Turk ey 
 
WILSON