MINISTRY TAKES THE SIDE OF FREEDOM ON 301 APPLICATIONS
Today’s Zaman
June 26 2008
Turkey
A recent amendment to the infamous Article 301 of the Turkish Penal
Code (TCK) appears to be bearing fruit in practice, as the Justice
Ministry has prevented a number of 301-related cases from being opened
since the change was made.
The amendment to Article 301, which previously criminalized
"insulting Turkishness" and has long been seen as an obstacle to
freedom of speech in Turkey, made it obligatory for prosecutors to
secure approval from the Justice Ministry before launching cases on
301-related charges. Preliminary findings show that the ministry has
tended to uphold freedom of speech in its decisions on such requests.
In the past, the article in question had been heavily disputed,
particularly with respect to the charges filed against Turkish Nobel
laureate Orhan Pamuk and Turkish-Armenian journalist Hrant Dink,
who was assassinated after he was brought before the court.
By amending the controversial article the Turkish government had
hoped to allay concerns frequently raised by European Union officials
about the status of freedom of thought and expression in Turkey,
which hopes to join the EU. The system of securing permission to
file cases included in the amendment was aimed at preventing abuses
of Article 301.
Since May 8, 2008, when the amendment to Article 301 went into effect,
60 such applications for permission have been filed by prosecutors
with the Justice Ministry. The ministry deliberated on seven cases
in the first month and refused permission on six, citing freedom of
expression as defined by the European Convention on Human Rights. In
some cases the ministry also argued that there were no grounds for
an investigation on the basis of the new text of Article 301.
The Justice Ministry did authorize an Ä°stanbul prosecutor to
launch an investigation into insults against the police department,
concluding that the remarks in question were beyond the limits of
reasonable criticism.
Under Article 159 of the TCK, which was in effect until 2005,
prosecutors had had to obtain permission from the Justice
Ministry before launching any probe on charges of "insulting
Turkishness." Article 301, which went into effect in June 2005, had
canceled this requirement, and an unprecedented increase was seen in
the number of cases filed under Article 301.
Many intellectuals and celebrities, including author Elif Å~^afak,
Dink and journalist Perihan Magden, stood trial under this article,
and Parliament felt the need to tackle the issue. With the amendment
that went into effect in May, the phrase "insulting Turkishness" was
replaced with "Insulting the Turkish nation." The maximum jail term
that could be sought under the article was decreased and a paragraph
concerning the aggravating circumstance of "committing the offense
in a foreign country" was removed from the text.
Article 10 of the European Convention on Human Rights
"Everyone has the right to freedom of expression. This right shall
include freedom to hold opinions and to receive and impart information
and ideas without interference by public authority and regardless of
frontiers. This article shall not prevent States from requiring the
licensing of broadcasting, television or cinema enterprises.
"The exercise of these freedoms, since it carries with it duties and
responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary
in a democratic society, in the interests of national security,
territorial integrity or public safety, for the prevention of disorder
or crime, for the protection of health or morals, for the protection of
the reputation or the rights of others, for preventing the disclosure
of information received in confidence, or for maintaining the authority
and impartiality of the judiciary."
–Boundary_(ID_SY44dCGmD8gxiZsPx wSKPg)–
From: Emil Lazarian | Ararat NewsPress