EUbusiness (press release), UK
May 8 2008

Free speech reform comes into force in Turkey

08 May 2008, 10:10 CET

(ANKARA) – A long-awaited law aimed at expanding freedom of speech
came into force in Turkey on Thursday after presidential approval.

The law, passed by parliament last week under European Union pressure,
was published in the Official Gazzette, after President Abdullah Gul
signed it into law late Wednesday.

It amends the infamous Article 301 of the penal code, which had landed
dozens of intellectuals in court for "insulting Turkishness" and
prompted harsh EU warnings that freedom of speech was under threat in
the membership-hopeful country.

Under the amendment, "Turkishness" — a term criticised as too broad
and vague — was replaced with the "Turkish nation" and the envisaged
jail term lessened from three to two years, allowing the sentence to
be suspended automatically or converted to a fine.

In a bid to make trials under the law more difficult, the provision
now requires the justice minister’s approval before prosecutors can
launch cases.

A clause calling for increased sanctions if the offence is committed
abroad was removed from the law.

Article 301 has mainly targeted people contesting the official line on
the World War I massacres of Armenians under the Ottoman Empire,
which, much to Turkey’s ire, many countries have recognised as
genocide.

Dozens of intellectuals, including 2006 Nobel literature laureate
Orhan Pamuk and slain ethnic Armenian journalist Hrant Dink, have been
tried under the article, even though no one was jailed as sentences
were suspended.

During a visit to Ankara Tuesday, EU Enlargement Commissioner Olli
Rehn welcomed the amendment, but cautioned that Brussels would be
closely watching whether it is properly implemented on the ground.

Human rights activists have slammed the revision as inadequate,
arguing that Article 301 should be scrapped altogether and that other
provisions restricting free speech remain in Turkey’s law books.

Ankara has so far opened accession talks in only six of the 35 policy
areas candidates are required to complete amid a trade row over Cyprus
and strong opposition to its membership in some EU countries.

Also late Wednesday, President Gul ratified a social security reform
that introduces tougher retirement conditions and has drawn harsh
protests from trade unions.

From: Emil Lazarian | Ararat NewsPress