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FREEDOM OF EXPRESSION DEBATE WITH EU LOOMING
EmÝne Kart Ankara
Today's Zaman, Turkey
April 11 2007
A draft framework decision by EU term president Germany and Justice
Minister Cemil Cicek's approach toward the issue of freedom of
speech is likely to spark a new verbal sparring match between the EU
candidate country and the bloc, with a disagreement between the two
sides over what should be legally protected within the framework of
freedom of expression.
Ankara has been concerned that the draft introducing punishment for
denial of genocide, war crimes and crimes against humanity could be
used to silence debate about Armenian claims of genocide at the hands
of the Ottoman Empire and these concerns have already been conveyed
to the German government both during last month's talks in Berlin
between Cicek and his German counterpart, Brigitte Zypries, as well
as during talks between Foreign Minister Abdullah Gul and his German
counterpart, Frank-Walter Steinmeier, which also took place in Berlin
earlier this month.
The draft would bring up to three years of imprisonment for those who
deny "genocides and war crimes committed against humanity." According
to the draft, punishment of crimes of racism, xenophobia and denial of
genocide will not be immediately binding for the member EU countries,
but they will eventually have to transpose their national legislation
accordingly. Ankara argues that if the draft is adopted, any decision
by a national court or a national parliament of an EU member country
that would make it a crime to deny that Armenians were victims of
"genocide" at the hands of the Ottoman Empire would open the way for
imprisonment for dismissing the genocide charges in other EU member
countries. Late on Monday, following a Cabinet meeting, Cicek for
the first time publicly complained of the draft, mentioning the draft
would be brought on agenda of the EU later this month.
"This is an extremely inappropriate draft," Cicek said, criticizing
those who say there is no freedom of expression in Turkey or freedom of
expression has been limited in Turkey for not showing the appropriate
reaction to the draft, which he described as "devastating for the
freedom of expression."
Certain circles in Ankara and Ýstanbul are saying that the EU forms
the basis of freedom of expression, Cicek said, suggesting that this
draft would block conducting research on historical facts. He added
that PM Recep Tayyip Erdoðan would bring up the issue during his
talks with German Chancellor Angela Merkel as he travels to Germany
over the weekend to jointly open with her Hanover Messe 2007, the
world's largest industry and technology fair.
As for the Germany's position, when approached by Today's Zaman
following Cicek's statement, Klemens Semtner, counselor for political
and press affairs at the German Embassy in Ankara, said the primary
motive of the draft -- which was originally drawn up in 2001 after a
decade of escalation in racist crimes and xenophobia in all Europe,
which also targeted people of Turkish descent -- was not made with
the Armenian allegations in mind.
"In the context of freedom of speech, we're talking about statements
that incite hatred and violence, and I believe that no country would
regard these kinds of statements within the framework of freedom of
expression," Semtner said. "The draft text doesn't cover governmental
statements and scientific research," he added, referring to Cicek's
argument suggesting that if adopted, the draft would also block
scientific studies.
"There is a broad consensus among EU member countries that such
statements aimed at inciting hatred are not covered by freedom of
expression," he emphasized.
Meanwhile, an EU diplomat, speaking with Today's Zaman separately
under condition of anonymity, warned that the Turkish government
should not evaluate the draft decision and the infamous Article 301
of the Turkish Penal Code (TCK) -- which makes it a criminal offense
to denigrate "Turkishness" and is widely considered as a barrier in
front of freedom of expression in Turkey -- within the same context.
"I don't remember that there was a call for inciting hatred in
any of cases opened under Article 301," the same diplomat said,
referring to the fact that under the Article 301 many intellectuals,
including slain journalist Hrant Dink and Nobel Laureate Orhan Pamuk,
were also charged. "These are not comparable," he concluded.
--Boundary_(ID_w9e+T/EPLxu24JVfe7Xf9w) --
EmÝne Kart Ankara
Today's Zaman, Turkey
April 11 2007
A draft framework decision by EU term president Germany and Justice
Minister Cemil Cicek's approach toward the issue of freedom of
speech is likely to spark a new verbal sparring match between the EU
candidate country and the bloc, with a disagreement between the two
sides over what should be legally protected within the framework of
freedom of expression.
Ankara has been concerned that the draft introducing punishment for
denial of genocide, war crimes and crimes against humanity could be
used to silence debate about Armenian claims of genocide at the hands
of the Ottoman Empire and these concerns have already been conveyed
to the German government both during last month's talks in Berlin
between Cicek and his German counterpart, Brigitte Zypries, as well
as during talks between Foreign Minister Abdullah Gul and his German
counterpart, Frank-Walter Steinmeier, which also took place in Berlin
earlier this month.
The draft would bring up to three years of imprisonment for those who
deny "genocides and war crimes committed against humanity." According
to the draft, punishment of crimes of racism, xenophobia and denial of
genocide will not be immediately binding for the member EU countries,
but they will eventually have to transpose their national legislation
accordingly. Ankara argues that if the draft is adopted, any decision
by a national court or a national parliament of an EU member country
that would make it a crime to deny that Armenians were victims of
"genocide" at the hands of the Ottoman Empire would open the way for
imprisonment for dismissing the genocide charges in other EU member
countries. Late on Monday, following a Cabinet meeting, Cicek for
the first time publicly complained of the draft, mentioning the draft
would be brought on agenda of the EU later this month.
"This is an extremely inappropriate draft," Cicek said, criticizing
those who say there is no freedom of expression in Turkey or freedom of
expression has been limited in Turkey for not showing the appropriate
reaction to the draft, which he described as "devastating for the
freedom of expression."
Certain circles in Ankara and Ýstanbul are saying that the EU forms
the basis of freedom of expression, Cicek said, suggesting that this
draft would block conducting research on historical facts. He added
that PM Recep Tayyip Erdoðan would bring up the issue during his
talks with German Chancellor Angela Merkel as he travels to Germany
over the weekend to jointly open with her Hanover Messe 2007, the
world's largest industry and technology fair.
As for the Germany's position, when approached by Today's Zaman
following Cicek's statement, Klemens Semtner, counselor for political
and press affairs at the German Embassy in Ankara, said the primary
motive of the draft -- which was originally drawn up in 2001 after a
decade of escalation in racist crimes and xenophobia in all Europe,
which also targeted people of Turkish descent -- was not made with
the Armenian allegations in mind.
"In the context of freedom of speech, we're talking about statements
that incite hatred and violence, and I believe that no country would
regard these kinds of statements within the framework of freedom of
expression," Semtner said. "The draft text doesn't cover governmental
statements and scientific research," he added, referring to Cicek's
argument suggesting that if adopted, the draft would also block
scientific studies.
"There is a broad consensus among EU member countries that such
statements aimed at inciting hatred are not covered by freedom of
expression," he emphasized.
Meanwhile, an EU diplomat, speaking with Today's Zaman separately
under condition of anonymity, warned that the Turkish government
should not evaluate the draft decision and the infamous Article 301
of the Turkish Penal Code (TCK) -- which makes it a criminal offense
to denigrate "Turkishness" and is widely considered as a barrier in
front of freedom of expression in Turkey -- within the same context.
"I don't remember that there was a call for inciting hatred in
any of cases opened under Article 301," the same diplomat said,
referring to the fact that under the Article 301 many intellectuals,
including slain journalist Hrant Dink and Nobel Laureate Orhan Pamuk,
were also charged. "These are not comparable," he concluded.
--Boundary_(ID_w9e+T/EPLxu24JVfe7Xf9w) --