Tag: Fazil Say

  • Turkey: Amid Islamic Revival, What Right to Freedom from Religion?

    Turkey: Amid Islamic Revival, What Right to Freedom from Religion?

    by Dorian Jones 

  • Turkey Convicts World-Renowned Pianist for ‘Defaming’ Islam

    Turkey Convicts World-Renowned Pianist for ‘Defaming’ Islam

    April 23, 2013 By Andrew Harrod

    1366101926990.cachedA Turkish court on April 15, 2013, convicted world-renowned pianist Fazil Say under Article 216(3) of the Turkish Penal Code.  This article punishes “[a]nyone who openly denigrates the religious values of a part of the population” with imprisonment of six months to a year.  Say’s case highlights once again the limits to free speech in Muslim-majority countries including Turkey, often touted in the past as an example of Islamic faith coexisting with freedom.  The world as well should note this clear warning about ongoing Muslim assaults upon free speech internationally.

    The composer and pianist Say, who has played for the New York Philharmonic, Berlin Symphony, and other prominent orchestras, had made comments deemed offensive by various Muslims on his Twitter account.  In one tweet, Say mocked a call to prayer measured by him as only 22 seconds in length.  “Why such haste?” Say tweeted.  “Have you got a mistress waiting or a raki on the table?” he asked in reference to a traditional alcoholic drink made with aniseed falling under Islam’s alcohol prohibition.  Other Say tweets cited by the charges included one in which he questioned whether heaven was a tavern or brothel on the basis of a verse attributed to the famous medieval poet Omar Khayyam.  Say, who was in southern Germany at the time of the verdict for a concert, received a 10-month suspended sentence that he will not have to serve unless he commits the same offense in the next five years.

    In response, Sevim Dağdelen, a Turkish-descent member of the German parliament and international affairs spokesperson for her Left party (Die Linke), condemned the verdict in a press release.  Dağdelen had previously attended Say’s trial openingon October 18, 2012, (later postponed until February 18, 2013) and had drawn international attention to Says cause.  The press release called the verdict a “scandal” of the “Erdoğan-Regime” and its “AKP justice” in reference to Turkey’s Prime Minister Recep Tayyip Erdoğan and his AKP party.  She demanded an immediate end to German participation in Turkish European Union (EU) accession talks in order not “to reward the AKP for its running amok against democracy and human rights.”  Ironically, Dağdelen’s party has its origins, in part, in the successor to East Germany’s Communists, the Party of Democratic Socialism (Partei des Demokratischen Sozialismus or PDS).

    For Dağdelen, Say’s conviction along with Turkish imprisonment of “thousands of political prisoners showed that Turkey is on the way to an authoritarian Islamist repression state.”  Dağdelen is not alone in her worries, as indicated by a report on Turkey by Amnesty International available online.  Among things, the report criticizes Article 216 and lists Say’s various tweets in English translation.  “Criminal prosecutions targeting dissenting opinions,” AI’s introduction to the report notes, “represent one of Turkey’s most entrenched human rights problems.”

    Yet various Turks expressed their opposition to the decision.  While respecting a “court decision”, the Turkish minister for culture and tourism, Ömer Çelik, stated at the London Book Fair that he “would not wish anyone to be put on trial for words that have been expressed. This is especially true of artists and cultural figures.”  Many in Turkey, meanwhile, reposted the contentious Khayyam verse.

    Say’s case has implications beyond his native Turkey.  Erdoğan has on several occasions called “Islamophobia” a “crime against humanity” and has correspondingly called for this “crime’s” legal prohibition.  During the globalInnocence of Muslims film controversy, for example, he advocated on September 16, 2012, in Sarajevo, Bosnia, “international legal regulations against attacks on what people deem sacred.”

    Erdoğan’s Turkish compatriot, Ekmeleddin Ihsanoglu, meanwhile, is just finishing his term as secretary general of the Organization of Islamic Cooperation (OIC), a grouping of 56 Muslim-majority states (including Turkey) and the Palestinian Authority.  There he has overseen a campaign for Erdoğan’s “international regulations” with respect to Islam now over 14 years old.  Those around the world wondering what would happen if the OIC achieved the goals of its “Islamophobia” campaign should remember the Say case.

    Dağdelen has expressed opposition to Turkey in the EU, but Europeans and others would do well to ponder the implications of Say’s case for Muslim immigration.  Along with their various allies, Muslims with ancestry from Turkey and other Muslim-majority countries have already shown themselves quite capable of using Europe’s preexisting hate speech and blasphemy laws tosuppress criticism of Islam and its adherents.  Absent a modification or abolition of these laws, the continuing and growing presence of Muslim immigrants in Europe and countries like Canada will only offer more opportunities for Muslims to register legally their offense at speech like Say’s.  Individuals, for example, like Say who would pointedly express their atheism to Muslims or, perhaps thinking of Say, condemn Islam for some of its interpretations prohibiting music, should beware.  The next prosecution for speech criticizing Islam might not be in some foreign country far away, but in your neighborhood, perhaps even involving you.

    This article was sponsored by The Legal Project, an activity of the Middle East Forum.

  • Turkey’s New Taboo

    Turkey’s New Taboo

    Turkish classical pianist Fazil Say performs during a concert in Ankara, Oct. 14, 2010. (photo by REUTERS)
    Turkish classical pianist Fazil Say performs during a concert in Ankara, Oct. 14, 2010. (photo by REUTERS)

    No doubt that the decision of a Turkish court passing a 10-month suspended prison term on world famous Turkish pianist Fazil Say for “insulting religion and as such committing an act conducive to disrupting the public peace” with his tweets and retweets a year ago is a heavy blow to freedom of expression in Turkey.

    About This Article

    Summary :

    The 10-month suspended prison sentence of pianist Fazil Say on grounds of his (re)tweets is the signal for an introduction of a new taboo called “Sunni Islam” in Turkey, writes Kadri Gursel.

    Original Title:
    Turkey’s New Taboo
    Author: Kadri Gursel
    Translated by: Timur Goksel

    But if we confine our reaction only to heavy damage inflicted on “freedom of expression” and by extension to democracy, we will be missing out on the political and ideological context of the court’s opinion and the objective behind it.

    The court’s opinion on Fazil Say is directly related to the process of regime change in Turkey. The Justice and Development Party (AKP), which is the new alliance of the conservative bourgeoisie and neo-Islamist political class, has won the struggle for power against the secularist, military and bureaucratic tutelage forces who see themselves as guardians of the former Kemalist Republic, and has also consolidated its control of the judiciary. Prime Minister Recep Tayyip Erdogan’s AKP is now using the extensive power it has accumulated with the support of the Sunni conservative public segment to impose its political culture on the entire population. And they are doing that with an authoritarian approach.

    The authoritarian political culture of former Turkey had its peculiar taboos reinforced by judicial rulings and judgments passed. “Turkism” and “Ataturk” were totally made untouchable by judicial opinions. Soldiers were feared. There was practically a ban on speaking about the Kurdish issue and the Armenian genocide. None of this prevails anymore.

    Now, no one has to get permission from the minister of justice to investigate charges of “insulting Turkism.” Ataturk is not protected by the judiciary anymore. Nothing happens to anyone who says he was a dictator. Kurdish and Armenian issues have long ceased to be a taboo. The new Turkey is moving forward to bring a political solution to the Kurdish issue.

    But all these developments do not mean that Turkey is free of its taboos. New taboos are introduced and the judicial rulings are playing a part in the evolution of these taboos, just as the opinion rendered against Fazil Say.

    Before dwelling on the new taboo under construction with the opinion expounding on the 10-month suspended prison term against the pianist, let’s recall the tweets that, according to the court, constitute a crime.

    Fazil Say did not write the following tweet, he simply retweeted it: “I am not sure if you have noticed, but where there is a louse, a non-entity, a low life, thief or idiot, they are all pro-Allah [Islamists]. Is this a paradox?” The court did not punish the original writer but the pianist. This tweet did not target religious people but was actually a satire on how weak people portray themselves as religious to acquire power and benefits from the Islamist government.

    In this tweet, Fazil Say was having fun with a muezzin whose call for the evening prayer was unbearable: “The muezzin recited the evening prayer in 22 seconds. Pretissimo con fuca!!! What is your hurry? A lover? Raki [a Turkish liqueur flavored with aniseed]?”

    Fazil Say’s tweet of a stanza attributed, controversially, to poet Omar Khayyam who lived in Iran in the 11th century was also a crime according to the court: “You say that the rivers flow with wine, is Heaven a tavern? You say that you will give every believer two very beautiful women, is Heaven a brothel?”

    The Turkish court sentenced the pianist basing itself on article 216/3 of the Turkish penal code. The article says: “The person who openly denigrated religious values adopted by a segment of the public will be sentenced to a 6- to 12-month prison term if that act is conducive to disrupting public peace.”

    As can be seen, to facilitate passing of a sentence that stipulates “an act conducive to disrupting public peace” was included in the article.

    That means the court decided that public peace was threatened by Fazil Say’s tweets. But there is no concrete, convincing evidence of that threat. The only reactions to Fazil Say are the angry tweets sent to him by the Islamist and religious public and the articles against him on some pro-government, Islamist websites. That is why nobody was aware of public peace being on the verge of breaking down. But the court decision truly made Fazil Say a target. Actually, public peace became susceptible to disruption only after the court decision.

    The goal of the court decision is not to protect public peace but to build and reinforce a new taboo of this country. This taboo is “Sunni Islam religiosity.”

    The court declared its opinion on April 18. In justifying its decision, the court said the tweets “do not contribute anything to the public debate but unnecessarily offend the common values of Allah, heaven and hell of the three major religions in the world, and were written to denigrate religious values by creating the opinion that these concepts are meaningless, unwarranted and worthless.” It isn’t clear how the court found itself intellectually authorized to declare that such tweets do not contribute anything to the public debate.

    It is clear, however, that the court’s real concern is to inhibit the debate on religious concepts. In supporting the ruling, the court stresses that the susceptibility of these tweets to disrupt public peace actually incorporates an abstract threat and the court did not have to wait for that threat to become a fact before sentencing.

    These expressions are proof that freedom of thought and expression as well as the future of democracy in Turkey is now put on a very perilous path by the judiciary.

    It means that from now on the judiciary is allowed to apply abstract and subjective assessments to any public debate of religiosity and religion, and ban such debates by declaring them to be “conducive to disrupting public peace.”

    Some may find Fazil Say’s tweets shocking, disruptive or aggressive. But none of these are contrary to the spirit of freedom of expression when what is challenged are dominant values and concepts.

    The red lines drawn in Turkey with this judicial decision declares “Sunni Islam religiosity” to be immune from criticism.

    It is not possible to aver that the judiciary has done its duty of protecting minority beliefs and trends from crimes of hatred deriving its power from the majority.

    Kadri Gürsel is a contributing writer for Al-Monitor‘s Turkey Pulse and has written a column for the Turkish daily Milliyet since 2007. He focuses primarily on Turkish foreign policy, international affairs and Turkey’s Kurdish question, as well as Turkey’s evolving political Islam.

    Read more: http://www.al-monitor.com/pulse/originals/2013/04/turkey-fazil-say-blasphemy-sunni-islam.html#ixzz2RAk9gE2o

  • Freedom of speech in Turkey: A secularist’s lament

    Freedom of speech in Turkey: A secularist’s lament

    Freedom of speech in Turkey

    A secularist’s lament

    A blasphemy case raises new worries about freedom of speech in Turkey

    Apr 20th 2013 | ANKARA |From the print edition

    20130420_EUP002_0

    Fazil Say, a tweeting pianist

    “I AM not sure if you have noticed, but where there is a louse, a nonentity, a low life, thief or fool, they are all Islamists. Is this a paradox?” So wrote Fazil Say, a renowned Turkish pianist, in one of a series of irreverent tweets poking fun at Islam. Now Mr Say, who has an international career, has been given a ten-month suspended prison sentence under Article 216 of the penal code for hate speech. Prosecutors argued that Mr Say, a self-avowed atheist, had “denigrated the values of a section of the population” through his comments on Twitter. Should he repeat the offence within five years, he faces jail.

    Mr Say’s conviction prompted condemnation around the European Union, with which Turkey is in theory negotiating membership. Turkey’s EU minister, Egemen Bagis, conceded that “we cannot be pleased that either Fazil Say or any of our citizens is prosecuted for what they say or think…I wish the courts had evaluated this artist’s steps within the context of his freedom to be absurd.”

    The prime minister, Recep Tayyip Erdogan, is unfazed. Asked to comment, he snapped “do not waste our time with such matters.” This reflects his ruling Justice and Development (AK) party’s often contradictory approach. The government is making its most ambitious stab yet at fixing the Kurdish problem through talks with the imprisoned PKK leader, Abdullah Ocalan. It hopes to introduce a new, more democratic constitution. Yet Turkey has become the world’s top jailer of journalists. And thousands of Kurdish activists and politicians are in jail on flimsy terrorism charges. For Turkey’s beleaguered secularists, Mr Say’s plight is more evidence of creeping religious conservatism since AK came to power ten years ago.

    Mr Erdogan was himself banned from politics and briefly jailed in 1998 for reciting a poem that incited “religious hatred.” But that was when the generals were using the judiciary to punish critics of Ataturk and secularism. Now it seems to be the turn of AK to use the courts to suppress attacks on Sunni Islam.

    Yet prosecutors look the other way when it comes to Jews or Armenians. “Laws to criminalise defamation in Turkey have only ever been implemented to protect the rights of the majority, never against vulnerable minorities,” notes Emma Sinclair-Webb, of Human Rights Watch. Rober Koptas, editor of Agos, an Armenian weekly, complained of failure to pursue those who planned the murder of his predecessor (and father-in-law), Hrant Dink, in 2007. Now Mr Koptas is himself being investigated for “insulting Turkishness”—just as Dink once was.

    From the print edition: Europe

    via Freedom of speech in Turkey: A secularist’s lament | The Economist.

  • Sentencing of Turkish pianist marks new low

    Sentencing of Turkish pianist marks new low

    MEP: Sentencing of Turkish pianist marks new low

    16.04.2013Posted in: Foreign Affairs, human rights, Policy Map, Timeline, Top Stories, Turkey

    Schaake1Dutch Member of European Parliament Marietje Schaake (D66/ALDE) is concerned about the sentencing of the well known Turkish pianist Fazil Say. A Turkish court sentenced Say to a suspended 10 months in jail for posting tweets in which he criticised religion and declared himself an atheist. Schaake is a long time critic of the on going erosion of the rule of law in Turkey that tramples fundamental rights. “This is only the last example in a series of sentences following criticism on religion or politics, while the statements are legal according to universal human rights and European law. The growing number of convictions leads to fear among journalists and artists and spurs self-censorship. This is a major problem and hampers the democratic reforms that Turkey so badly needs”, Schaake says.

    Statement
    The European Commission released a statement today saying Turkey has to respect freedom of expression, as enshrined in the European Convention on Human Rights, to which Turkey is a party. Schaake: “The deterioration of freedom of expression is a growing problem. As the government is becoming more authoritarian, and the Turkish judiciary threatens to lose its independence. The EU should draw its consequences if the Turkish government does not show though actions it is committed to substantial democratic and judicial reforms.”

    Accession process
    Schaake wants the EU to put freedom of expression at the heart of Turkey’s accession process. “The fact that Turkey is an important ally for the EU in facing shared challenges in the Middle East should not overshadow Turkey’s domestic human rights problems. When EU foreign policy chief Catherine Ashton recently visited Turkey she did not address these very real problems during the official press conference while these issues should be directly addressed with the Turkish government”, Schaake adds.

    Progress report
    This week the European Parliament will vote on its annual report assessing Turkey’s progress towards EU accession. Through several amendments Schaake pleads for respect for freedoms such as freedom of expression and digital freedoms as well as the rule of law in Turkey.

    ——

    For more information:

    Marietje Schaake 0031 6 3037 7921

    or her press officer Anna Sophia Posthumus 0032 484 201 518

  • Obama’s Talks With Turkey: Let Us Preach What We Practice

    Obama’s Talks With Turkey: Let Us Preach What We Practice

    By James D. Zirin

    A supporter of world-renowned Turkish pianist Fazil Say holds a cardboard reading ‘Fazil Say is not alone’ during protest held outside an Istanbul court (Image credit: AFP/Getty Images via @daylife)

    Turkey’s Prime Minister Tayyip  Erdogan will travel to Washington May 16 to meet with President Obama, largely to discuss his country’s relationship with the US and the European community, and most probably Erdogan’s on-again off-again relationship with Israel. Undoubtedly, a strong US alliance with Turkey, with its vibrant economy and geo-political position, is of tremendous strategic importance to the United States.  In the run-up to the meeting, however, Obama might well consider Turkey’s human rights record, particularly how many nations are left  on this planet where someone could go to jail over a Twitter post?  North Korea, Iran, China? Maybe. But Turkey is the latest to win that dubious distinction.

    Fazil Say, 42 years-old, is an internationally recognized Turkish pianist and composer, who has performed with major orchestras throughout the world, including the New York Philharmonic and the Berlin Symphony. His personal style of composition, rooted in the folk music of Turkey, evokes Bartók:  a fantasia-like basic structure; and a variable dance-like rhythm.

    An Istanbul court convicted Say of inciting hatred, insulting Islam and offending Muslims on Twitter. Although not sentenced to jail, he is on probation for five years on condition that he not re-offend Muslims, even if he is just re-tweeting what someone else said. Say could have been sentenced to 18 months in prison. The case renewed brewing concerns about the influence of religion on Turkish politics.

    Say’s “crime” was a series of tweets posted earlier last year. In one message he retweeted a verse from a poem by Omar Khayyám in which the 11th-century Persian poet attacks pious hypocrisy: “You say rivers of wine flow in heaven, is heaven a tavern to you? You say two huris [companions] await each believer there, is heaven a brothel to you?” In other tweets, he made fun of a muezzin (a caller to prayer), implying that the particular muezzin’s call lasted only 22 seconds because he wanted to go out for  a drink. Another retweet by Mr. Say posits: “I am not sure if you have also realized it, but if there’s a louse, a non-entity, a lowlife, a thief or a fool, it’s always an Allah-ist.” Bad taste, maybe, in a country where Muslims comprise  roughly 98% of the population, but hardly a crime?

    Turkey is not a particularly safe place for artists and intellectuals, or women for that matter, who may wish to criticize Erdogan’s government. In 2007, a journalist Hrant Dink, who had written about the Armenian genocide of 1915, was shot dead on an Istanbul street. A judge last year  fined Orhan Pamuk, the Nobel laureate writer, $3,700 for saying in a Swiss newspaper that Turks “have killed 30,000 Kurds and 1 million Armenians.”

    Pointing to the Say and Pamuk cases, as well as the prosecution of numerous journalists, artists and intellectuals for voicing their views, critics have accused the governing AK Party of undermining the  secular values of Turkey’s founder Kemal Ataturk, and pandering to Islamists, who have recently asserted themselves with renewed intensity. Say himself claimed that his prosecution was politically motivated. An atheist, Say had often criticized the Islamist-rooted party, accusing it of having a secret agenda to promote conservative values.

    The European Union, which Turkey seeks to join, admonished Erdogan about the Say conviction. A spokeswoman for EU foreign policy chief Catherine Ashton said Brussels was “concerned” by the prosecution, which “underlines the importance for Turkey to fully respect freedom of expression.” Amnesty International said in a report last month that “freedom of expression is under attack in Turkey,” calling for legislative reforms to bring “abuses to an end.”

    Dozens of journalists are in detention in Turkey, as well as lawyers, politicians and lawmakers – most of them accused of plotting against the government or having links with the outlawed Kurdish rebel movement the Kurdistan Workers’ Party (PKK). Meanwhile, Erdogan continues with his sultanic project to build at state expense over the Bosporus the largest mosque in Turkey, as Fazil Say calls his conviction “a sad day for Turkey.”

    Madeleine Albright has said that foreign policy is getting other countries to do what you want them to do.  Obama should use the occasion of the Erdogan meeting to take heed of the clarion call of  another British Prime Minister, Winston Churchill, who said  in his “Iron Curtain” speech delivered in Fulton, Missouri March 5, 1946,  “All this means … that freedom of speech and thought should reign; that courts of justice, independent of the executive, unbiased by any party, should administer laws which have received the broad assent of large majorities or are consecrated by time and custom.  Here are the title deeds of freedom which should lie in every cottage home.  Here is the message of the British and American peoples to mankind.  Let us preach what we practice – let us practice what we preach.”

    Turkey’s  human rights record is execrable. When Obama meets Erdogan next month, he should preach a little of what we try to practice.

    via Obama’s Talks With Turkey: Let Us Preach What We Practice – Forbes.