NEWS
Date published: 13 November 2006 00:00
Modified On: 12 October 2013 00:08

Euro Warning Sparks 301 Initiatives

Government preparing amendments to Penal Code art. 301 after EC Progress Report criticism. Plans are to replace the terminology; denigrating Turkishness with the Turkish nation. NGOs are working to come up with multiparty view on the issue.
Erol Önderoğlu

Erol Önderoğlu
Turkey's ruling Justice and Development Party (AKP) is preparing to make amendments to Penal Code article 301 that was criticized in the recent European Commission Progress Report.

AKP intends to deal with the ambiguous points of the said article, notably replacing the concept of denigrating "Turkishness" with denigrating the "Turkish nation" and through similar changes narrow down the scope of the law.

The development comes after a recent meeting between Prime Minister Recep Tayyip Erdogan and representatives of various civil society organizations where they were told by the PM to prepare their own suggestions on how the law should be formulated.

The main complaint voiced at the meeting with Erdogan at Istanbul's Dolmabahce Palace was that the said article was not clear and that ambiguity led to different interpretations of the law itself. In most instances cases were launched under the law were dismissed later.

News of possible changes in the law sparked off a weekend meeting of various NGOs inclusive of the Economic Development Foundation, the Turkish Union of Physicians and Hak-Is union who gathered in Ankara to draw up a multiparty draft for the new shape of this article to propose it to the government.

69 Cases under article 301

Last month, Journalists Association of Turkey (TGC) chairman Orhan Erinc told bianet that a total of 69 court cases had been filed under Turkey under Penal Code article 301 in the past year.

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/II/EU)

https://bianet.org/haber/euro-warning-sparks-301-initiatives-87663
2024-05-05 00:55:43