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CIVIC GROUPS PROPOSE CHANGES TO LAW ON INSULTING TURKISHNESS
By Sebnem Arsu
International Herald Tribune, France
Feb 8 2007
ISTANBUL: A group of civic organizations submitted suggestions Thursday
for rewording a section of the Turkish penal code under which noted
intellectuals and writers have been charged with the crime of insulting
the Turkish identity and state.
But some groups broke with the main umbrella organization and said
the law need to be revoked, not amended.
Even Deputy Prime Minister Abdullatif Sener said that textual changes
would not mean much in themselves.
Many in Turkey consider the law, known as Article 301, to be at the
root of the murder of the Armenian-Turkish journalist Hrant Dink last
month. According to this argument, his conviction under the article,
for comments he made about the mass killings of Armenians by Turkish
forces in the early 20th century, branded him a traitor in the eyes
of many Turks and put his life in jeopardy.
For Turkey, the Armenian question is among the thorniest issues of
free speech, since a characterization of the killings as genocide
is often interpreted by the courts as an "insult against the Turkish
state" under Article 301.
Late last year, following harsh EU criticism of Article 301, the
government indicated that it was receptive to changes in the law,
but not its abolition.
That was not enough for one civic group - the Turkish Chamber of
Doctors - which broke with the umbrella group that made the proposal
Thursday.
"Leading up to the general elections in November, the government
has escaped from political responsibility on a controversial issue
like Article 301 in fear of losing voters," said Gencay Gurun, the
general secretary of the doctors' group. "Changes are only a facade
and can never prevent bitter consequences, as we've witnessed with
Mr. Dink's murder."
Signed by 10 civic organizations, the proposal aims to better
distinguish between legal criticism and illegal insult. Instead of
"insulting Turkishness" it the draft issued Thursday proposed new
wording, of "openly abasing and deriding" the Turkish identity.
The umbrella group's spokesman, Davut Okutcu, said "we do not claim
that this is the best version."
"We consider this draft as an encouragement to support better
applications of law, which will ultimately be worded by Turkey's
lawmakers," Okutcu said.
The next step is for the government to assess the proposal and decide
on the exact wording it will propose to Parliament for changing the
law. Political analysts say the government did not take the lead in
order not to provoke the nationalists.
Perihan Magden, a columnist for the Radikal newspaper who was given
private police protection following Dink's death, said the suggested
changes were too mild to make a difference.
"The fact that I have to live in my own country under police protection
shows the government acknowledgment that something's is wrong," said
Magden, who was once charged under a separate law that penalizes
those who discourage military service. "They can and they have to
prevent this."
By Sebnem Arsu
International Herald Tribune, France
Feb 8 2007
ISTANBUL: A group of civic organizations submitted suggestions Thursday
for rewording a section of the Turkish penal code under which noted
intellectuals and writers have been charged with the crime of insulting
the Turkish identity and state.
But some groups broke with the main umbrella organization and said
the law need to be revoked, not amended.
Even Deputy Prime Minister Abdullatif Sener said that textual changes
would not mean much in themselves.
Many in Turkey consider the law, known as Article 301, to be at the
root of the murder of the Armenian-Turkish journalist Hrant Dink last
month. According to this argument, his conviction under the article,
for comments he made about the mass killings of Armenians by Turkish
forces in the early 20th century, branded him a traitor in the eyes
of many Turks and put his life in jeopardy.
For Turkey, the Armenian question is among the thorniest issues of
free speech, since a characterization of the killings as genocide
is often interpreted by the courts as an "insult against the Turkish
state" under Article 301.
Late last year, following harsh EU criticism of Article 301, the
government indicated that it was receptive to changes in the law,
but not its abolition.
That was not enough for one civic group - the Turkish Chamber of
Doctors - which broke with the umbrella group that made the proposal
Thursday.
"Leading up to the general elections in November, the government
has escaped from political responsibility on a controversial issue
like Article 301 in fear of losing voters," said Gencay Gurun, the
general secretary of the doctors' group. "Changes are only a facade
and can never prevent bitter consequences, as we've witnessed with
Mr. Dink's murder."
Signed by 10 civic organizations, the proposal aims to better
distinguish between legal criticism and illegal insult. Instead of
"insulting Turkishness" it the draft issued Thursday proposed new
wording, of "openly abasing and deriding" the Turkish identity.
The umbrella group's spokesman, Davut Okutcu, said "we do not claim
that this is the best version."
"We consider this draft as an encouragement to support better
applications of law, which will ultimately be worded by Turkey's
lawmakers," Okutcu said.
The next step is for the government to assess the proposal and decide
on the exact wording it will propose to Parliament for changing the
law. Political analysts say the government did not take the lead in
order not to provoke the nationalists.
Perihan Magden, a columnist for the Radikal newspaper who was given
private police protection following Dink's death, said the suggested
changes were too mild to make a difference.
"The fact that I have to live in my own country under police protection
shows the government acknowledgment that something's is wrong," said
Magden, who was once charged under a separate law that penalizes
those who discourage military service. "They can and they have to
prevent this."