Today’s Zaman, Turkey
Feb 14 2009

Ministry authorizes 70 probes under revised Article 301

Justice Minister Mehmet Ali Şahin has said his ministry has
allowed prosecutors to open 70 investigations over alleged violations
of the infamous Article 301 of the Turkish Penal Code (TCK) since the
article was amended last May.

In response to a parliamentary inquiry recently submitted by
Nationalist Movement Party (MHP) Manisa deputy Erkan Akçay,
Şahin said: "Since last May, the Justice Ministry has allowed
prosecutors to probe 70 cases regarding 301. We have denied
authorization for probes into 403 other cases since May. A total of
113 cases are currently under consideration."

The EU had previously been highly critical of Turkey for not amending
Article 301, under which a number of intellectuals and activists have
landed in court for "insulting Turkishness." In a previous annual
progress report, the European Commission proposed not opening
accession talks on one of the 35 negotiating chapters for EU accession
until Turkey amended or repealed the article. But a recent amendment
to the infamous article has improved the situation.

One of the changes 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. The amendment was adopted in May of last year. In
the past, the article in question had been repeatedly challenged,
particularly with respect to the charges filed against Turkish Nobel
laureate Orhan Pamuk and Turkish-Armenian journalist Hrant Dink, who
was assassinated in 2007.

Meanwhile Prime Minister Recep Tayyip Erdoğan pledged yesterday
that works for a civilian constitution would re-start soon after the
local elections, slated for March 29. Upon a question directed by a
university student over when the government would save the country
from the "coup Constitution", Erdoğan replied "in April." The
prime minister’s words came as he was preparing to board a plane for
eastern Sivas province. The ruling Justice and Development Party (AK
Party) started to work on a new and purely civilian constitution to
replace the one currently in place, which was prepared after a coup in
1980, but the Turkish nation’s high hopes for improved democratic
rights were dashed by a court case filed for the disbandment of the
governing party.

14 February 2009, Saturday
TODAY’S ZAMAN WITH WIRES İSTANBUL