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Pamuk's File at the Justice Ministry's Door Court sends Pamuk's file to Justice Ministry for authorization to try the novelist. Pamuk should be tried under the former Penal code which was due when he made his controverisal statment judge says. The trial could be postponed. BIA News Center 14/12/2005 Erol ONDEROGLU BİA (Istanbul) - An Istanbul court has demanded to try writer Orhan Pamuk, who stands trial for an interview he gave to the Swiss "Das Magazin," according to the old Turkish Penal Code (TCK) saying that would favor the writer more. The court sent the file to the Justice Ministry based on article 160 to get permission. Pamuk faces up to three years in prison if found guilty. Pamuk's lawyer Haluk Inanici, in a written statement, said that the court asked the prosecutor's office whether Pamuk should be tried according to the new TCK or according to the old TCK. The prosecutor's office told the court it favors Pamuk to be tried according to the old TCK since the date of the offense is February 9, 2005, according to the statement. The Justice Ministry will decide The statement adds that there is need for the permission of the Justice Ministry to try Pamuk based on article 159 of the old TCK. If the decision of the Justice Ministry is sent to the court by December 16, which is the date of the hearing, the court will proceed with the case according to that decision. The hearing will be postponed if the Justice Ministry's decision is not sent to the court by that date. The Istanbul court, on December 2, stated that article 159/1 of the old TCK and article 301/1 of the new TCK calls for a prison sentence from 6 months to three years for the same crime. However the court interpreted the old law would be in favor of Pamuk since it calls for the permission of the Justice Ministry. It sent the file to the Sisli Republic Prosecutor's Office to deliver it to the Justice Ministry. Support for Writer Pamuk Famous writers including Nobel Prize winners Jose Saramago, Gabriel Garcia Marquez and Gunter Grass; Umberto Eco, Carlos Fuentes, Juan Goytisolo, John Updike and Mario Vargas Llosa, expressed support for Orhan Pamuk through a written statement. The statement said that Pamuk's trial is against the rule of law. Up to three years in prison for an interview Writer Pamuk is accused with "openly insulting Turkishness" by telling the Swiss "Das Magazin" that "One million Armenians and 30,000 Kurds were killed on this territory." Pamuk was charged based on article 301/1 of the new Penal Code which went into effect on June 1. Now there is a chance he may be tried based on article 159 of the old Penal Code. He faces six months to three years in prison. (EO/KO/EA/YE) |
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