4
ALTUĞ TANER AKÇAM v. TURKEY JUDGMENT
accordance with Rule 40 of the Rules of Court and that the case be given
priority under Rule 41 of the Rules of Court.
17. On 14 January 2008 the applicant’s requests under Rules 39, 40 and
41 of the Rules of Court were rejected.
18. The Government submitted to the Court a decision of
non-prosecution issued by the Şişli Chief Public Prosecutor’s office on
17 February 2006. It appears from this decision that on 21 October 2005 a
criminal complaint was lodged by a certain K.K., who alleged that the
applicant had attempted to denigrate the Republic and to influence the trial
of Hrant Dink by his editorial opinion dated 14 October 2005 published in
the AGOS newspaper. The public prosecutor who examined the complaint
concluded that the alleged offence was time-barred and therefore issued a
decision of non-prosecution.
19. According to the information provided by the applicant’s
representative on 6 May 2008, no further investigation had been instigated
against the applicant after the judgment of the Şişli Criminal Court dated
11 October 2007.
B. The documents submitted by the parties
1. List of books published by the applicant
20. The Government submitted a list of thirteen books published by the
applicant. It appears that these books are on sale in Turkey and that they
mainly concentrate on the Armenian question. A selection of the books
included is as follows:
– “The Armenian question has been resolved; Ottoman documents
concerning the policies towards the Armenians during the war years”, 2008;
– Turkish national identity and the Armenian question: “From the Ittihad
ve Terakki to the War of Independence”, 2001;
– “Lifting the Armenian taboo, is there any solution other than dialogue”
2000; and
– “Human Rights and the Armenian Question”, 1999.
21. The Government further noted that, contrary to the applicant’s
allegations that he had been prevented from pursuing his research on the
Armenian issue, he had been given permission to conduct research in the
State Archives by the Directorate General of State Archives. Between
27 June 2006 and 17 July 2007 the applicant personally consulted the
Ottoman archives and had been granted further permission to photocopy
527 documents. On page 17 of his book entitled “The Armenian question
has been resolved” the applicant thanked the State Archives for assisting
him in his research.