Islamist Critique Acquitted Under 301

Istanbul court acquits Kurbanoglu under 301 charges for a speech he made in 2006. Ozgur-Der calls for 301 and all legislation restricting freedom of expression to be abolished while he says despite acquittal, the cause of the case should not be forgotten.

Erol Önderoğlu

"Haksoz" magazine author and Free Opinion and Education Rights Association (Ozgur-Der) member Mustafa Bahadir Kurbanoglu was acquitted on charges under penal code article 301 this Tuesday.

Kurbanoglu was charged due to remarks he made in April 2006 during an Ozgur-Der gathering at Istanbul's Fatih Sarachane Park. His public criticism of the dismissal from duty of Van prosecutor Ferhat Sarikaya under a decision taken by the Supreme Board of Judges and Prosecutors was deemed an offense.

The Fatih 2nd Criminal Court of Peace cleared the activist after receiving his 12 page defense.

In a press conference after the hearing, Ozgur-Der's Ridvan Kaya said that while they regarded the acquittal as a positive decision, both 301 and other articles in the penal code that restricted freedoms needed to be abolished.

Kurbanoglu, meanwhile, added that "Even though the result was an acquittal, we should not forget the reason we were put on trial under article 301".

He said the issue was one in which a prosecutor had been relieved from duty in a cover-up of developments in Southeast Turkey which was "in the shadow of the military guard" and that the period following a bombing by military personnel of a Semdinli bookshop was one of "intervention in justice and a period of injustice".

"We will continue to ask our questions" he said.

What is Article 301?

Article 301, on the denigration of "Turkishness", the Republic, and the foundation and institutions of the State, was introduced with the legislative reforms of 1 June 2005 and replaced the controversial Article 159 of the previous penal code. It states that:

"1. Public denigration of Turkishness, the Republic or the Grand National Assembly of Turkey shall be punishable by imprisonment of between six months and three years.

2. Public denigration of the Government of the Republic of Turkey, the judicial institutions of the State, the military or security structures shall be punishable by imprisonment of between six months and two years.

3. In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.

4. Expressions of thought intended to criticize shall not constitute a crime." (EO/TK/II/YE)

Erol Önderoğlu

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İstanbul Üniversitesi Fransız Filolojisi Bölümü'nden mezun. 1996'da muhabiri olduğu uluslararası Sınır Tanımayan Gazeteciler (RSF) örgütünün Türkiye temsilcisi olarak çalışıyor. 1999'dan beri İPS İletişim Vakfı'nın projesi olan bianet sitesinde, Hukuki Destek Masası koordinatörü, ifade özgürlüğü editörü ve yayın yönetmeni olarak çalıştı. 4.800'den fazla imzalı haber ve makalesi bulunuyor. Bizim Gazete ve Güncel Hukuk dergisi için haber ve makaleler yazdı. Halen bianet'te Medya Gözlem Raporları'nı hazırlıyor.