EU CRITICAL OF GOV’T STANCE ON ARTICLE 301
Servet Yanatma Brussels
Today’s Zaman, Turkey
Feb 21 2007
The European Union has expressed concern over the Turkish government’s
stance on possible amendments to a controversial article of the penal
code, saying refusal to change the article in the hope that no one
will end up in jail in the end is unacceptable.
The EU is pressuring candidate Turkey to change or, better yet,
abolish Article 301 of the Turkish Penal Code, saying it restricts
freedom of expression. Criticism of the law increased when Turkish
Armenian journalist Hrant Dink, who had been tried and convicted
for "insulting Turkishness" under Article 301, was gunned down by a
teenage assailant on Jan. 19 in Ýstanbul. EU sources said the Turkish
government holds that the article is harmless since those who have
been tried under it are eventually acquitted of charges.
EU sources added that this approach is causing concern because the
problem with Article 301 is actually a problem of mentality. The same
sources pointed out killing of Dink after he had been tried under
Article 301.
According to the EU sources, the article restricts freedom of
expression and needs substantial revision and amendment. Recalling that
the EU is not in a position to dictate a specific text, the sources
underline that their job is to point to the flaws that constitute
threat to the enjoyment of freedom of expression.
The government has said it was open to the idea of amendments
to Article 301 but insists that it needs proposals from the
non-governmental organizations since amending the law requires a
social consensus.
On Monday, a Cabinet meeting originally expected to tackle possible
amendments to he law was again fruitless, with government spokesman
Cemil Cicek saying after the lengthy talks that proposals coming from
the NGOs were as "vague" as the text of the article.
EU sources said government’s attempts to get proposals from the NGOs
were "interesting" but added that it was up to governments to push
for legal amendments, not the NGOs.
Election concerns The same sources also expressed concern over possible
negative effects on Turkey’s reform process from the approaching
presidential and parliamentary elections. "There are 27 members of the
EU and elections take place in all these countries," said the sources,
underlining that elections should pose no problem to the reform pace.
Noting that changes were possible in the date of parliamentary
elections, the EU sources said the election process was already set
to cast shadow over the reform process and emphasized that 2007 should
not become a "lost year" in regard to reforms.
State Minister Ali Babacan has reportedly told EU officials during a
recent visit that parliamentary elections, slated for Nov. 4, could
take place in September instead. But Prime Minister Recep Tayyip
Erdoðan reiterated yesterday at a meeting of his party in Parliament
that the government has no plans to change the election date.
EU sources also said they were not planning to change the date for
release of an annual progress report on Turkey’s reform efforts out
of a concern that it could overlap with elections and establishment
of a new government in Turkey. The report is expected to be announced
towards end of the year.
Noting that accession negotiations on up to four EU "chapters"
are expected be re-opened during the German term presidency, which
will expire by the end of June, the EU sources argue that this is a
remarkable progress when compared to the year of 2006. The chapters
that will be probably opened for membership talks are financial
control, enterprise and industrial policy, economic and monetary
policy and statistics. Describing criticisms directed at Turkey’s
chief negotiator Ali Babacan as inappropriate, the EU sources also
recalled that he is competent, self-confident and determined.
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