MAKING AMENDMENTS TO ARTICLE 301 INSUFFICIENT STEP OF TURKEY TOWARDS EUROPEAN DEMOCRATIC STANDARDS: EXPERTS
Trend News Agency, Azerbaijan
May 2 2008
Azerbaijan, Baku, 1 May/corr. Trend News E.Tanriverdiyeva, R.Hafizoglu
/ Making amendments to the article 301, which had been a "stumbling
block" for freedom of expression in Turkey, testified that the
Country has moved towards the standards of the European democracy,
but it may be insufficient step in light of the European Union. "The
new law is certainly an improvement over the old law, which has been
heavily criticized internationally. However, in the minds of many
observers it still does not go far enough," English political analyst
James Ker-Lindsay said.
On 30 April, the Parliament of Turkey made changes to article 301 of
the Criminal Code. According to the changes, the people being accused
of insulting the national dignity of the Turks shall be sentenced
to three years imprisonment. The new variant changed formulation and
shortened the period of imprisonment.
"There is a general feeling that a law of this kind has no real place
in a modern, European democracy," the Professor of Kingston University,
James Ker-Lindsay, reported to TrendNews via e-mail on 1 May.
"People will still face a very real threat of prosecution for raising
issues and questions that many feel can only be addressed through
frank and open discussion in society. In this sense, the amendment
falls short of the democratic standards Turkey should really be trying
to meet," the political analyst said.
According to him, there is no doubt that many in Europe will welcome
the news. "However, it will not be seen as a major change for the
better. Instead, it will be regarded as just another small step
towards democratization," stated.
"I fully expect that in a few years, the Turkish Government will
come under pressure to repeal the article altogether. However, at
this stage there is a feeling that all progress, no matter how small,
should be welcomed," the political analyst stated.
"In this sense, I don’t think that the amendment will have any major
effect on Turkish-EU relations, nor will it be enough to ease the
general feeling in Europe that Turkey needs to make significant
changes to its political system if it ants to join the EU," the
political analyst said.
"All-in-all, it is a welcome move. However, I don’t think that it
will end the pressure on Turkey on this issue," Ker-Lindsay said.
Turkish political analyst Ozjan Tikit considers that making
amendments to article 301, bringing harms to the political image and
international authority of Turkey, shows that the Country is moving
towards democracy. "The issue of liquidating the article 301 became
urgent during discussions on Turkey’s entrance to the European Union,"
the leading expert of Turkish Aksham newspaper, Tikit, reported to
TrendNews via e-mail from Istanbul on 1 May.
However, the political analyst thinks that the article 301
article leads to several problems in Turkey. "This law has been
directed towards opinions and views of people," political analyst
said. According to Tikit, prosecuting people in Turkey for their
opinions and views contradicts the democratic and human values,
and loses trust of people in the State.
"The article like 301 exists in Italy as well, but in this country,
the people are not prosecuted for the opinions and views like Turkey,"
Tikit said.
According to the politician, misusing this law, several forces in
the country took more radical steps. It is possible to set an example
from Armenian lobby’s using murdering Grant Dink against Turkey.
The opinions that making amendments to article 301 contradicts the
values and principles of Ataturk are wrong, Tikit said. According to
him, if the nationalism of Ataturk would be fanatical, but not civic,
the co-existence of multilateral peoples in Turkey for a period of 80
years would be impossible. " Turkey should use not national values,
but existing strategic potential in the country," he said.
The EU positively assess the amendments to article 301 in Turkey
and describes this step as a move towards the democracy, the
Press-Secretary of the European Commission, Amadeu Altafaj Tardio,
said to a press-conference.
The amendments to the article 301 of the Criminal Code of Turkey,
according to which people accused of insulting the national dignity
of the Turks shall be sentenced to three years imprisonment, were
made according to suggestions of the ruling Justice and Development
Party of Turkey. In the new version, the expression ‘insulting national
dignity of the Turks’ was replaced by the expression ‘insulting Turkish
people’, and the maximal period of imprisonment was shortened from
three to two years and it also provides an opportunity to replace
prison with conditional period with delay of implementation of
sentence.