DTP PROPOSES LIFTING OF CONTROVERSIAL ARTICLE 301
The New Anatolian, Turkey
Oct 11 2007
Democratic Society Party (DTP) Sirnak Deputy Hasip Kaplan on Wednesday
presented a bill aiming at lifting the controversial Article 301 of
the Turkish Penal Code.
Article 301 of the Turkish Penal Code (TCK) criminalizes insulting
the republic, the state, the judiciary and the military however, the
part that has received the most criticism is the penalties imposed
for insulting "Turkishness."
Many authors and journalists were prosecuted for insulting
"Turkishness" based on Article 301. Insulting "Turkishness" has
usually meant opposing the state version of events on issues like
the alleged Armenian genocide and terrorism. Among those prosecuted
were novelist Orhan Pamuk and Elif Þafak, journalists Hrant Dink,
and academics Baskýn Oran and Ibrahim Kasoglu.
DTP’s Kaplan demanded the lifting of the Article 301 noting that the
lift of the article will maintain social peace and guarantee freedom
of expression.
Kaplan said the implementation of this article created unacceptable
consequences in terms of freedom of speech and events that threatened
the social peace.
Dink was murdered on Jan. 19 this year as his trial on insulting
"Turkishness" was ongoing and a teenager with nationalist tendencies
is on trial for reportedly committing the murder.
The Justice and Development (AK) Party government considers amending
the controversial Article 301 of the penal code that penalizes
insulting "Turkishness" before the release of Turkey’s European Union
Progress Report in early November.
Many see Article 301 as a violation of the freedom of expression and
the EU has been demanding its removal in order for Turkey to continue
its membership process.
Ruling AK Party plans to maintain the article in the Turkish Penal
Code but aims at replacing the word "Turkishness" with "Turkish nation"
and make the justice minister’s approval a requirement for any inquiry
to be started under Article 301.
Last year, various nongovernmental organizations met to propose
changes to the article, but failed to reach consensus due to the fact
that while some wanted the article’s removal, others wanted cursory
changes to it.
Prime Minister Recep Tayyip Erdogan is known to have objected to
the total removal of the article, citing similar versions of it in
European countries. He said he was open to changes in the article.
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