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ANKARA: Cabinet Leaves 301 For Later Despite Expectations

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  • ANKARA: Cabinet Leaves 301 For Later Despite Expectations

    CABINET LEAVES 301 FOR LATER DESPITE EXPECTATIONS

    Today's Zaman, Turkey
    Jan 8 2008

    Minister of Justice Mehmet Ali Þahin said he would submit to the
    Cabinet a bill amending Article 301 of the Turkish Penal Code (TCK),
    which has been used extensively by ultranationalists to curb free
    speech, but the ministers did not take up the issue when they met
    yesterday, according to a statement by government spokesperson Cemil
    Cicek on Monday evening.

    During a press conference after yesterday's Cabinet meeting Cicek
    said the ministers reviewed a regulation on individuals who invested
    in Housing Development Administration of Turkey (TOKÝ) projects,
    a new bill on banking confidentiality and another one on state secrets.

    They also opened to signature another new bill that would significantly
    ease voting for Turkish citizens who reside in foreign countries.

    Minister Þahin had stated that the bill to amend Article 301 would
    find its way to Parliament this week. Article 301, which criminalizes
    -- among other things -- "denigrating or insulting Turkishness," is
    undoubtedly the most famous penal code article in the world. It is
    also believed by many to be the "real" murderer of Turkish-Armenian
    journalist Hrant Dink, who was shot dead outside his newspaper's
    office on Jan. 19 of last year. Prior to his death, charges were
    brought against Dink under Article 301. The teenager who pulled the
    trigger testified he had heard that Dink had "denigrated Turkishness."

    Not only has the European Union, with which Turkey is having membership
    talks, appealed for change or removal of Article 301 many times,
    but international rights organizations as well, including Amnesty
    International, have also protested the trials initiated under
    301. Since it went into force on June 1, 2005 as part of a package
    needed to start full membership talks with the European Union, charges
    have been brought against writers, intellectuals and journalists in
    more than 60 cases. A majority of them were opened by ultranationalist
    lawyer Kemal Kerincsiz.

    Among the high-profile 301 victims was Orhan Pamuk, who had to
    appear before a court over allegations of an Armenian genocide he
    had voiced to a foreign newspaper. Five journalists were charged in
    February of last year with insulting state judicial institutions after
    criticizing a court decision that banned a conference on Armenian
    genocide allegations. They were all acquitted at the trial's close.

    Journalist Perihan Maden, the Turkish publisher of Noam Chomsky's
    "Manufacturing Consent," writer Elif Þafak, publisher Ragýp Zarakolu
    are some of the more well-known individuals who have been tried over
    301-related charges; none were convicted.

    There have also been protests against Article 301 in various cities
    around Turkey. Since the Dink assassination, the government has been
    considering a change to the problematic article.

    Proposed changes to the current text

    Currently, Article 301 states the following: A person who publicly
    denigrates Turkishness, the republic or the Turkish Parliament shall
    be subject to imprisonment of between six months and three years.

    A person who publicly denigrates the government of the Republic
    of Turkey, the judicial institutions of the state, the military or
    security organizations shall be subject to imprisonment of between
    six months and two years.

    In cases where denigration of Turkishness is committed by a Turkish
    citizen in another country, the punishment shall be increased by
    one-third.

    Expressions of thought intended to criticize shall not constitute
    a crime.

    Under the proposed text the Cabinet will soon be reviewing, in order
    for a trial process to start regarding 301-related charges an approval
    from the Ministry of Justice will be needed. The word "Turkishness"
    in the current article is being replaced with the phrase "the Turkish
    nation," while the word "Republic" is being replaced with "the Republic
    of Turkey." Also, the "intent" to "denigrate," the Turkish nation or
    the Republic of Turkey will have to be present for a legal probe to
    be launched under the new version of the article.

    --Boundary_(ID_bdxFxtVjNoKxuIqsQ8qmvg)--
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