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Turkish Historian Brings Struggle Against Turkey's Article 301 to EC

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  • Turkish Historian Brings Struggle Against Turkey's Article 301 to EC

    PRESS RELEASE
    Zoryan Institute of Canada, Inc.
    4211 Yonge Street, Suite 230
    Toronto, ON, Canada M2P 2A9
    Tel: 416-512-8600 Ext. 113
    Fax: 416-512-1736
    E-mail: [email protected]


    Turkish Historian Brings Struggle Against Turkey´s Article 301 to
    European Court

    Montreal, QC, June 20, 2007 - Professor Taner Akçam, a Turkish
    scholar and Visiting Associate Professor of History at the University
    of Minnesota, filed an application today before the European Court of
    Human Rights against the Republic of Turkey.

    The complaint is based on the criminal investigation launched against
    him earlier this year under Turkish Penal Code Article 301, for
    insulting "Turkishness" by having publicly used the term "genocide"
    to describe the mass murder of Armenians in 1915.

    Despite its changed wording over time, Article 301 remains prominent
    among the many enduring obstacles in Turkey´s path to membership of
    the European Union. The same law has in recent years been the basis
    for the prosecution of other leading Turkish intellectuals, writers,
    journalists and academics on similar grounds. The most notable
    victims of Article 301 include Nobel Prize winning novelist Orhan
    Pamuk, recently assassinated Turkish-Armenian journalist Hrant Dink,
    and publisher Fatih Tas.

    The Court, based in Strasbourg, France, enforces the Convention for
    the Protection of Human Rights and Fundamental Freedoms. It rules
    over private individuals´ complaints against human rights violations
    committed by signatory States. Turkey signed the Convention in 1954.

    "Facing history and coming to terms with past human rights abuses is
    not a crime but a prerequisite for peace and reconciliation in the
    region," says Professor Akçam. "My goal is to help Turkey realize its
    full potential to evolve into a truly free and democratic society.
    This cannot happen if Turkey continues to criminalize academic
    discussion." His legal team is headed by Dr. Payam Akhavan, former UN
    war crimes prosecutor and professor of international law at McGill
    University in Montreal. "In a world where Holocaust denial is a
    crime, state-sanctioned denial of genocide is all the more
    reproachable," says Dr. Akhavan. "Limitations on freedom of speech
    should apply to hate speech, not to speech against hate."

    The Court will examine Professor Akçam´s application and rule on its
    admissibility within one year. If the application is declared
    admissible, the Court will then encourage the parties to reach a
    friendly settlement. Only if no settlement can be reached will the
    Court consider whether or not there has been a violation of the
    Convention. Should the Court find that there has been such violation,
    it will deliver a judgment which will legally bind Turkey to comply.

    For media inquiries, please contact:
    Taner Akçam, (612) 324-2988
    [email protected]
    Payam Akhavan, (514) 398-8232
    [email protected]
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