REPORTERS WITHOUT BORDERS: 301 NEEDS "DEEDS NOT WORDS"
The New Anatolian, Turkey
Nov 13 2007
The Reporters Without Borders (RSF) have urged the Turkish authorities
to move to end the words and start acting to change Article 301 of
criminal law allowing prosecution for "insulting Turkish identity"
after the Turkish Justice Minister Mehmet Ali Sahin declared the
government intends to amend the law.
"It’s been two years now since, alongside Turkish journalists and press
freedom organizations, we have called for the law to be amended and
proceedings dropped against those who criticize, on the pretext that
they are" insulting Turkish identity," the worldwide press freedom
organization declared.
"We cannot forget that Turkish authorities have used Article 301
as a tool of terrible repression. It gives voice to and stokes up
nationalist tensions at work in Turkey and finds fervent advocates
in the Turkish legal system," the organization said.
Turkish journalist of Armenian origin Hrant Dink who was murdered on
January 19, 2007 was himself prosecuted under this article. His son,
Arat Dink was given a one-year suspended prison sentence on 11 October,
for reprinting in the weekly Agos an interview given by his father
to the Reuters news agency, in which he recalled that the massacres
of Armenians between 1915 and 1917 were genocide", it continued.
Justice Minister Sahin told the Anatolian News Agency that the Justice
and Development (AK) Party government had decided to amend Article
301. He stressed that the council of ministers would "at the first
opportunity" examine about five drafts on the basis of proposals
from civil organizations, select some and then seek debate on them
in parliament.
This statement was in response to the conclusions of the annual
progress report on Turkey unveiled by the European Commission.
The report stressed that "considerable effort is still required
on freedom of expression" and urged the Turkish government to take
"immediate steps" in this area.
Turkish President Abdullah Gul told the Parliamentary Assembly of
the Council of Europe on 3 October that he was in favor of amending
Article 301. Prime Minister Recep Tayyip Erdogan, made similar promises
in November 2006 ahead of the publication of the annual EU report.
Article 301 headed "denigration of Turkish identity, of the republic,
the institutions or organs of state", says whoever "openly denigrates
the government, organs of state justice or military or police
structures" risks a prison sentence of six months to three years.
Not only do the Turkish courts severely apply this law, but they
ignore paragraph 4 which stipulates that, "Expressions of thought
intended to criticize shall not constitute a crime".