TURKEY: A Nation at the Crossroads
If not now, when?
INTERNATIONAL PEN
Writers in Prison Committee
April 22, 2005
Laws affecting Freedom of Expression
On 6 February 2002, Law No. 4744 – the ‘Mini-Democracy Package’ – was
adopted by the Turkish government. This changed some of the laws that
had previously seriously curtailed freedom of expression, but the
changes were not always positive. Many of the laws are still being
modified. The Human Rights Association of Turkey, evaluating the first
three months of 2003, recently concluded that these amendments were
‘partial’ and their piecemeal nature still rendered the ‘constitutional
and legal system of Turkey’ not fully democratic. It called for ‘radical
democratic change and transformation’.
The association in particular reported that certain radio and TV
stations had been subjected to 180-day suspension orders, that journals
had been temporarily closed down, and that fresh cases against
individuals for having ‘expressed their thoughts’ numbered 50. It cited
the Anti-Terror legislation along with Articles 312 and 159 of the
Turkish Penal Code as continuing to give rise to many unjust prosecutions.
The culprit laws cited by the Turkish Human Rights Association outlaw
the following activities, in vague, over-broad language:
* Producing ‘separatist propaganda’: Turkey’s Anti-Terror
legislation, specifically Article 8, remains a major stumbling block for
any writers wishing to explore the issue of Turkey’s ethnic minorities.
Support for the Kurds, particularly if using words such as ‘Kurdistan’
can result in imprisonment for ‘separatist propaganda’.
* ‘Incitement to hatred on the basis of class, religion or race’ if
such incitement endangers the ‘public order’, or ‘insulting a segment of
the population or people’s honor’: Article 312.2 of the Turkish Penal
Code has again been used against those writing about Turkey’s ethnic
minorities.
* ‘Insulting the Turkish nation’: Article 159 of the Turkish Penal
Code prohibits statements deemed insulting to the State or its organs –
whether the military, the judiciary, or government offices. Those
criticizing alleged human rights abuses committed by the army, or
critiquing the legal system, can find themselves on the wrong side of
this law.
More information on the campaign and how you can take action can be
accessed by clicking on the links below.
Please contact [email protected] if you have any questions.