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Case dealt with insulting army

Pamuk still faces charges that he insulted ``Turkishness"

ANKARA: Turkish prosecutors decided on Thursday not to file charges against novelist Orhan Pamuk for allegedly insulting Turkey's armed forces, but the writer still faces charges that he insulted ``Turkishness,'' said lawyers who asked for his trial.

Nationalist lawyers had petitioned prosecutors to file criminal charges against Mr. Pamuk for reportedly telling a German newspaper, Die Welt, in October this year that the military threatened and prevented democratisation in Turkey.

European officials have criticised Turkey for putting Mr. Pamuk on trial on the ``insulting Turkishness'' charge and have called on the country to do more to protect freedom of expression. That trial was halted by the judge the day it began December 16 and awaits a Justice Ministry ruling on whether it can continue.

Prosecutors on Thursday decided there were no grounds to try Mr. Pamuk for insulting the military, said nationalist lawyer Kemal Kerincsiz, who had petitioned the prosecutors asking for the trial.

The prosecutors based their decision on an article of the penal code, which says remarks made with the aim of criticism cannot constitute a crime as well as on a European human rights convention protecting free speech.

Mr. Kerincsiz said he would appeal the decision on Friday.

``It is of course not possible for the prosecutors to make a sound decision under so much pressure,'' said Mr. Kerincsiz. ``We've come to the point where we're no longer able to protect our national values. Where will it all end?''

Mr. Kerincsiz said the army was portrayed as the enemy of democracy, which he called a ``grave insult.'' — AP

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