TURKEY: CALLS FOR REFORM AHEAD OF ANNIVERSARY OF JOURNALIST’S MURDER

Amnesty International UK
ID=17612
Jan 18 2008

New report shows increase in use of Article 301 ‘Gagging Law’

On the eve of the first anniversary of the killing of the
Turkish-Armenian journalist Hrant Dink, Amnesty International today
called on the Turkish authorities to condemn all forms of intolerance
and to bring all those involved in the killing to justice in accordance
with international fair trial standards. The organisation also issued
a memorandum to the Turkish authorities outlining key human rights
concerns in the country.

Andrew Gardner, Amnesty International’s researcher on Turkey, said:

‘The scope of the investigation must be widened to examine the full
circumstances of Hrant Dink’s killing, including the role of law
enforcement officials in failing to act on warnings that he was being
targeted for assassination.

"Human rights activists have a right to the protection of the state,
like any other citizen. The failure to prevent the murder of Hrant Dink
and the subsequent flaws in the investigation must not be repeated.

"Hrant Dink’s case is not an exception. Many in Turkey continue to be
prosecuted for the peaceful expression of their non-violent opinions.

This is due both to the existence of flawed legislation and the
arbitrary implementation of the law by judges and prosecutors."

Hrant Dink had reported threats to his life to the Public Prosecutor
in Sisli. According to the indictment in the murder trial, one of
the defendants also acted as a police informer and told the police of
plans to assassinate Hrant Dink in the months before the murder took
place. Nevertheless, steps were not taken to ensure his protection.

Subsequently two gendarmerie officers were charged with dereliction
of duty; however, lawyers for the family have called for more law
enforcement officers to be brought to justice.

An initial statement by the Istanbul Police Chief that the killing
was the act of a gunman working alone and the photographs of military
police with the alleged killer as if he was a ‘hero’ illustrate
an official reluctance to examine the full scope of the crime and
contribute to the perception that sections of Turkey’s law enforcement
agencies may be biased.

Amnesty International considers that Hrant Dink was shot on 19 January
2007 because of his work as a journalist who championed freedom of
expression and promoted the universality of human rights.

Hrant Dink was repeatedly prosecuted under Article 301 of the Turkish
Penal Code that criminalises ‘denigrating Turkishness’. Amnesty
International has continually called for Article 301 to be abolished
on the grounds that it poses a grave threat to freedom of expression,
as it is worded in such broad and vague terms. Amnesty International is
concerned that the number of cases opened under this article appears
to have increased in 2007. The organisation notes that in the past
year, violations of human rights increased and measures to combat
them remained insufficient.

Andrew Gardner said:

"The continuing suppression of freedom of expression in Turkey has
created an atmosphere of deadly intolerance culminating in the killing
of Hrant Dink.’

In a memorandum to the Turkish government, Amnesty reminded it of
its commitment, repeated after elections last year, to press ahead
with legislative reform and advance guarantees of human rights and
freedoms. Amnesty International believes that the current government
must take action on a number of issues to achieve lasting, substantive
improvements. These issues include torture and ill-treatment in
detention and impunity for the perpetrators, fair trial concerns,
obstacles that block the work of human rights activists and freedom
of expression.

Andrew Gardner said:

"In addition to implementing current legal reforms, urgent legislative
reform must be adopted. The authorities must seize the opportunity
to advance the protection of fundamental rights and freedoms for all
in the new constitution that is being drafted.’