Declaration by 45 Intellectuals to Abolish Article 299 - Insulting the President

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45 writers, academics, journalists, activists and artists have demanded abolition of Article 299 of the Turkish Penal Code (TCK) which provided prison terms of four years for defaming the president.

The signees including Ahmet İnsel, Ayşegül Devecioğlu, Aydın Engin, Gülseren Onanç, İbrahim Betil, Nurcan Baysal, Şanar Yurdatapan, Gençay Gürsoy, Oya Baydar and Ümit Kıvanç, have reminded that the respective article had been brought before the Constitutional Court demanding abolition and was extremely open to abuse as well es clearly violated the decisions of the European Court of Human Rights (ECtHR) and the Constitution.

“President should content himself with the provision which protects all citizens”

“According to the Constitution of the Republic of Turkey, the office of the Presidency as head of the state represents the unity of the citizens and looks out for the implementation of the Constitution.

“It is natural that the administrators as heads of the state are more frequently objected to criticism.

“Yet the Article 299 of the Turkish Penal Code which provides extreme protection for an individual due to her/his title as President and throw people into prison is being implemented in a way clearly open to abuse, and this law which also clearly contradicts to universal human rights principles, is being practiced arbitrarily by the very authority which is under its protection and behave unjustly towards many by restricting the freedom of expression and press.

“This Article which is completely in non-compliance with the principles of the decisions of the ECtHR and the Venice Commission, also violates the Article 90/5 of the Constitution which in case of a collision with a national provision or international obligation provides the implementation of national or international provisions.

“ Article 299 stands currently before the Constitutional Court demanded abolition.

“We, who have signed below demand the Constitutional Court, as a requirement of the rule of law,  to abolish this Article 299 of TCK which contradicts the law taking the decisions of the ECtHR, Venice Commission and the Article 90/5 of the Constitution and urge the office of the office of the Presidency to have a wider tolerance for criticism and content itself with the existing provisions which provide protection for all citizens”.

Signees:

Ahmet Dindar, Ahmet İnsel, Ahmet Ümit, Aydın Engin, Ayşe Erzan, Ayşegül Devecioğlu, Baskın Oran, Celal Korkut, Cengiz Aktar, Dilek Gökçin, Ercan İpekçi, Ergin Cinmen, Ferhat Kentel, Ferhat Tunç, Fikret Başkaya, Gaye Boralıoğlu, Gülseren Onanç, Gencay Gürsoy, Gürhan Ertür, Halim Bulutoğlu, Hasan Cemal, İbrahim Betil, İbrahim Sediyani, İslam Özkan, Kuban Kural, Mahmut Konuk, Nazar Büyüm, Necmiye Alpay, Nesrin Nas, Neşe Yaşın, Nurcan Baysal, Orhan Alkaya, Oya Baydar, Ömer Faruk Gergerlioğlu, Ömer Laçiner, Perihan Mağden, Reha Ruhavioğlu, Selma Köroğlu, Şahin Alpay, Şanar Yurdatapan, Umur Çoşkun, Ümit Kıvanç, Yalçın Ergündoğan, Yasin Altıntaş, Zeynep Tanbay. (EKN/DG)