OSCE media freedom representative proposes changes to new Turkish penal code

AP Worldstream
May 11, 2005

WILLIAM J. KOLE

A trans-Atlantic media watchdog praised Turkish authorities Wednesday
for postponing the adoption of a new penal code and expressed hope
that nearly two dozen provisions he contends would undermine press
freedoms will be amended.

Miklos Haraszti, media freedom representative for the 55-nation
Organization for Security and Cooperation in Europe, told Turkish
Justice Minister Cemil Cicek in a letter that Turkey’s decision to
hold off on enacting the changes was “both principled and practical.”

“I hope that all potential restrictions on the freedom of the press
will be fully removed at the end of the revision process,” Haraszti
said.

The Turkish parliament’s Justice Commission is expected to reconsider
the draft by June 1.

Haraszti sent Cicek a detailed review of the chapters of the draft
code which the Vienna-based OSCE’s media office contends could hinder
free discussion of public issues and pose a threat to press freedoms
in mostly Muslim Turkey, which is pushing for membership in the
European Union.

He outlined 23 provisions in three main areas: freedom of the media
and freedom of expression; access to and disclosure of information;
and the threat to free discussion of public affairs from defamation
and insult provisions.

“Your legislature now has the opportunity to contribute to the
creation of a penal code that is not only in conformity with
international media freedom commitments, but also serves as a model
for modern democracies,” Haraszti said.

EU officials recently have expressed concern that Turkish reform
efforts slowed after the bloc agreed in December to start membership
talks this October.

On March 31, Turkish lawmakers agreed to delay implementation of the
new penal code by two months following criticism from groups fearing
the legislation would threaten press freedoms.

Hoping to appease EU concerns and boost its chances of joining,
parliament hastily reformed Turkey’s 79-year-old penal code last
September to increase rights and freedoms. But press groups say other
changes threaten press freedoms and could result in tough prison terms
for journalists, and they have been lobbying to have the code changed.

Press groups say the legislation has vague language that could make it
easier to crack down on journalists, as well as containing provisions
that would make it more difficult to cover events such as legal
proceedings.

One article calls for prison sentences for those who disregard the
state’s “fundamental national interests.” The draft asserted that
calling for the withdrawal of Turkish soldiers from Cyprus or saying
that Armenians were subjected to genocide during World War I should be
considered an offense.

Criticizing state symbols also would remain a crime.

Prime Minister Tayyip Erdogan, who has made EU membership a top
priority, is under increased pressure for what many say is his lack of
commitment to press freedoms.

He successfully sued a political cartoonist who lampooned him by
drawing him as a cat entangled in yarn and recently filed a lawsuit
against a satirical weekly that portrayed him as a variety of animals.

Journalists strongly criticized Erdogan earlier in March after he
accused the Turkish media of “tipping off” the EU about police
violence at a protest where women were beaten and kicked, after the
scenes were repeatedly shown on television.

From: Emil Lazarian | Ararat NewsPress