TIHV: 301 + 14 Articles Need Change

The Human Rights Foundation of Turkey (TIHV) has stated that lifting of obstacles in front of freedom of expression in Turkey could not be confined to amending only Penal Code article 301 as there were at least 14 articles in whole that could create problems for freedom of expression and be used in place of each other.

A new report published by TIHV under the title "Freedom of Expression and Recent Developments in Turkey" revealed that from January till September 18, 2006, a total of 96 authors, publishers, journalists and intellectuals had been prosecuted and appeared before courts in the country only for what they had written in books or in the media.

Foundation Chairman Yavuz Onen said that other than the 14 articles that needed to be changed, various laws such as the Anti-Terror Law, the Law to Protect Ataturk, Press Law and RTUK Code restricted the freedom of expression.

Onen: The soul of the laws need change

Onen said that in order for freedom of expression to settle in Turkey, the soul and essence of all of these laws needed to be changed and gave as example Thursday's acquittal of author Elif Shakaf in Istanbul on charges under controversial article 301.

"Unless this happens" he said, "there will be no meaning in the amendments. And whether or not the cases opened and heard under these articles lead to an acquittal, they still mean intimidation through justice. Just like the negative atmosphere that has been continuing for months in the case in which Elif Shafak was acquitted".

Noting that the ruling Justice and Development Party (AKP) government continued its attitude of 'lets see what happens' despite tens of people being put on trial for their verbal or written expression of opinions since Turkey's new Penal Code had been passed, Onen said "the enforcement has been waited for and it has been seen altogether that barriers in front of freedom of expression continue".

In the statement made by the Foundation, the 14 articles of the Turkish Penal Code regarded as barriers for freedom of expression were listed as:

Article 84: Inciting and assisting suicide

Article 125: Offending honor, dignity and respectability, insulting public officials

Article 132: Violating the secrecy of communication

Article 134: Violating the secrecy of private life

Article 215: Praising crime or criminals

Article 216: Inciting hatred and enmity among the people

Article 218: Offences committed against public peace by means of the press

Article 285: Violating the secrecy of an investigation

Article 286: Sound and visual recording in investigation and prosecution procedures

Article 288: Attempt to influence a fair trial

Article 299: Insulting the President

Article 301: Degrading the Turkish identity, republic, the state institutions and organs

Article 305: Providing benefits to activities conducted against basic national interests

Article 318: Discouraging the people from military service

The TIHV report also referred to attempts made by 'nationalist' attorney Kemal Kerincsiz and those around him to intervene in freedom of expression and said the nationalist groups had openly threatened defendants at courts going to the extent of physically punching people outside of courtrooms. (TK/II/YE)

* TIHV's "Freedom of Expression and Recent Developments in Turkey" report cal be downlodad in its original Turkish format by clicking here. (MS Word Document, 130K)