IFEX MEMBERS HIGHLIGHT FREE EXPRESSION CONCERNS AMIDST EU TALKS

IFEX, Canada
Dec 22 2004

As Turkey took one step closer toward membership in the European
Union (EU) with the agreement last week to begin formal accession
talks, IFEX members focused attention on the need to continue
pressing the Turkish government on its free expression record.

The Writers in Prison Committee (WiPC) of International PEN and the
International Publishers Association (IPA) released a set of
recommendations for bringing Turkey’s new Penal Code in line with
European free expression standards.

The groups say the Code, adopted on 27 September 2004, contains
several provisions that discourage debate on sensitive topics,
including Cyprus and the Armenian genocide. They say the EU must
“take action now to eliminate all remaining obstacles to freedom of
expression under Turkish law.”

Reporters Without Borders (Reporters sans frontières, RSF) is also
calling for the new Penal Code to be amended. Under Article 305 of
the Code, opinions and statements about Cyprus or Armenia could be
considered “threats against fundamental national interests,” a
provision the European Parliament has said is incompatible with the
1950 Convention for the Protection of Human Rights and Fundamental
Freedoms. The Code also contains a provision (Article 127) under
which the crime of insult can be punishable by up to three years in
prison.

RSF says that while Turkey has made genuine progress in reforming its
laws, the climate continues to remain harsh for journalists who are
outspoken. Turkish courts impose prison sentences and exorbitant
fines that encourage self-censorship, while
television and radio stations remain subject to “brazen censorship,”
the organisation notes.

The European Federation of Journalists (EFJ), a regional affiliate of
the International Federation of Journalists, has expressed concerns
that journalists in Turkey do not enjoy the right to collectively
organise within unions. The group warns that a proposed Trade Unions
Law could “deprive journalists of their right to organise
independently in defence of their specific rights.”

Despite these concerns, Human Rights Watch says the EU accession
process has helped bring about significant human rights improvements
in Turkey and strengthened the efforts of reform advocates. The EU’s
decision to start formal accession talks with
Turkey follows an October 2004 evaluation by the European Commission,
which concluded that “Turkey sufficiently fulfils the political
criteria” to begin negotiations.

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