Turkey is working on a way to address the criticism of its defense at the trial regarding Turkish-Armenian journalist Hrant Dink being heard at the European Court of Human Rights. Turkey's former judge at the European court, Rıza Türmen, suggests Turkey can either make a unilateral declaration accepting that it violated the court's convention or settle with the victim's family. Ankara is known to be warm to settlement

Turkey is looking to make amends after drawing sustained criticism for its defense at a trial regarding slain journalist Hrant Dink, according to a former European Court of Human Rights judge. At the trial, Turkey drew parallels between Dink’s perspectives and Neo-Nazism.

A commission of representatives from the Justice, Interior and Foreign ministries are working on a road map, including steps to be taken before the Strasbourg-based European court delivers its verdict in September.

The government is also utilizing opinions from experts, including Turkey’s former judge at the European court Rıza Türmen, who suggested that Turkey could either make a unilateral declaration admitting that it violated the European Convention on Human Rights and pay compensation, or it could settle out of court with the victim’s family.

“Either option can be resorted to only before the European court, which is currently on summer recess, makes a decision in the fall,” Türmen told the Hürriyet Daily News & Economic Review on Monday.

“But if nothing is done, Turkey will most probably lose the case [because of its] defense, which was written by a jurist, but the responsibility entirely lies with the government,” he said.

The Dink trial made headlines earlier this month when Turkey cited in its defense the case against a leader of a Nazi organization in Europe as an example supporting its prosecution of Dink. In an early reaction, Foreign Minister Ahmet Davutoğlu expressed regret and said, “As an intellectual and a minister, I could not digest this.” The minister, however, said the defense could not be withdrawn because that stage of the trial process had passed. He did however signal that the state could settle with the victim’s family.

According to Türmen, making a unilateral declaration or striking an accord with the victim’s family – recognized as a friendly deal – are the best options, but in both cases the European court must also find a settlement in compliance with its own conventions.

“The European court may not always find a settlement appropriate. It depends on whether the settlement addresses the complaint’s concerns and if it meets the commitment made to the victim’s family,” he said. “But if any settlement is accepted by the court, the file will be dropped.”

Another option is that Turkey may wait for the decision of the court, likely to rule in favor of Dink’s family. Accordingly, Turkey would be found guilty of violating the freedom of expression by trying Dink for “insulting Turkishness” and of violating the right to life by failing to protect Dink despite numerous death threats he received.

“If no settlement is made and the court delivers a verdict, Ankara can appeal that verdict. That means everything would start from scratch. The case would be re-heard. Under those circumstances, Turkey could demand that it take the case to the Grand Chamber only three months after the verdict is delivered,” said Türmen. But he noted that the government was not yet thinking about that option because the court has not yet issued a ruling.

Turkey’s current judge at the European court, Ayşe Işıl Karakaş, declined to comment on the case, telling the Daily News that the trial process was ongoing.

Dink, a Turkish journalist of Armenian origin and editor of weekly bilingual Agos, was gunned down by an ultranationalist in January 2007 in front of his newspaper’s office in Istanbul. Before his death, he had filed an appeal with the European court after he was tried for violating Article 301 of the Turkish penal code, which prohibits insulting Turkishness. Dink’s family rules out any deal with the state as long as the article continues to exist.