In response to my post explaining that Erdoğan has now begun pressing charges against bloggers who meet with his displeasure, Dave Carter asked an obvious question: "What sort of effect does this little edict have on you personally? Will you have to be mindful of the things you write going forward?"
Well, Dave, I have a funny story for you. You see, Turkey and I have sort of an understanding. Mostly they don't notice what I write because I write in English, and mostly I don't notice them suing me because they sue me in Turkish.
A few years ago, a sleazy construction company knocked down the wall abutting my apartment building, destroying the building and damned well nearly killing everyone in it, including me. I wrote an article about this for a British news site called First Post:
At noon last Monday, I was in my apartment in Istanbul when I heard an explosion. The building shook. Furniture in my apartment fell over, and books flew off my shelf. Everyone in the neighborhood began screaming.
My first thought was "earthquake." Shortly afterwards, my neighbours shouted from the street to my window, warning me to evacuate. They told me that construction workers at the site next door to us had destroyed the foundation of our building and that it might collapse.
The police arrived and quickly declared our building unsafe for habitation. I did not have time to get my computer, my files, my notes, toiletries, or a change of clothes. I was given no information about when I could return. Stunned, I walked to the back of the building. The damage was extensive. The lower floor of my building was bashed in. It looked as if a bomb had gone off.
Since mid-May, 2009, the Ankara-based construction firm Sargin Ins. Mak San Tic. AS, owned by Huseyin Sait Sargin, has been attempting to build a new, modern apartment building on the lot near my building.
It is vacant but for a lovely Byzantine bathhouse, one wall of which abuts mine. That wall was destroyed. What remains of that priceless ancient wall will soon be carted away in a dump truck. It had been there since the age of the Emperor Justinian. Now no one will ever see it again.
It is obvious that the construction company has committed one of two crimes. Either this was an accident, in which case the company is guilty of negligence and reckless endangerment, or it was deliberate. There is good reason, a priori, to wonder if it was deliberate.
Now, I should allow that the preponderance of evidence suggests that the bathhouse was not Byzantine, but early Ottoman. I did get that wrong, I think, although experts disagreed. No doubt it was historically significant and legally protected; I managed to get the Ministry of Culture and Tourism to issue an injunction against any further construction there on that basis--although it was too late to save that wall, and shortly thereafter the construction resumed anyway. Too bad for Turkey's priceless heritage. The rest of the story--100 percent accurate.
Since then I've been involved in legal proceedings against Sargin Construction that resemble nothing so much as the tribulations of Jarndyce v. Jarndyce. I'll spare you all the details, but suffice to say it's been nearly two years; we're nearing court date x to the power of k, and there's no resolution in sight. That's okay. I vowed I would sue them till kingdom come, and if that phrase turns out to be literal, so be it.
By the way, this is when I began to appreciate the wisdom of a legal system that punishes negligence with punitive, massive, corporation-destroying damages. Even if I win, the amount in question will be trivial--it will just cover the costs I incurred as a result of having to move, which were considerable to me, but nothing to a company like that. It won't remotely discourage them from doing it again. To them, it's a hassle on the order of a speeding ticket. Companies like that need to fear that they will be destroyed if they don't take reasonable precautions to protect property and human life. In the absence of that motivation, nothing stops them. And in Istanbul, the consequences of these kinds of construction practices may literally be apocalyptic: This city is on a massive, active fault line. Seismologists estimate that a major earthquake here will kill as many as 300,000 people. Almost every death will be entirely preventable, but they will not be prevented. The construction companies here face too few immediate, serious disincentives to building deathtraps, and there are too many hugely tempting economic incentives to build them.
Meanwhile, you'll notice the article's not on the First Post website anymore. That's because Sargin threatened to sue them. They're based in Britain, which is libel tourism central--and let me take this opportunity to commend to your attention to the Libel Reform Campaign, the urgent importance of which is illustrated nicely by this story. The editors sent me an apologetic e-mail: They had full confidence in my reporting and knew they would win in court, but simply didn't have the money to pay the attorneys. Few small-budget news organizations would, in an era of declining news revenues. So they took the story down. You can imagine how I felt about that.
Now, about a month ago, I received a registered letter in the post. What you have to grasp is that Turkish legal language is almost a language in itself--so arcane and unconnected to ordinary Turkish that even my native-speaker friends can't understand it. I knew that it had something to do with the court, with Sargin, and with a judgment, but even after an hour with the Turkish-English dictionary, I couldn't figure out what it meant. I called Okan and read it out loud to him. He was just as baffled. So I sent it to my attorney.
Well, said my attorney, this is passing strange! It makes no sense, but Sargin sued you for libel! But the good news is, you won! The courts ruled in your favor!
What, I said? Why didn't anyone tell me they were suing me in the first place?
My attorney couldn't figure it out either. In principle, of course I should have been notified. But apparently the notification was never sent, or it got lost in the mail. And a good thing, too, because I would have driven myself berserk with rage. Best just to find out like that, don't you think? (Mind you, Sargin is apparently appealing. But I've decided I just won't worry about it. It is written, as they say here in the fatalistic East. Some battles you can fight to win, some you have to just leave to the fickle finger of fate. If you're dealing with a legal system in which you can be sued for libel and be exonerated completely unawares, you just have to accept that your power to control things is limited.)
So, here's my take on self-censorship. I reckon it's all so random that there's no point even trying to game it out. Some journalists seem to get away with outright libel, even by the extremely strict standards of the American legal system. Many more are hounded outrageously for alleged offenses that shouldn't even raise an eyebrow in a free society. I've written a lot about that.
Me, I try to write the truth, as best I understand it. If I'm sued, I figure it could very well take years for me even to hear about it, and when I do hear about it, I won't understand it.
In the big scale of things, I worry a lot more about Turkey's negligent construction companies, because when that earthquake happens--as every seismologist agrees it will, and soon--I surely don't want to be in one of the buildings they built.