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Ankara Moves To Amend Controversial Article 301

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  • Ankara Moves To Amend Controversial Article 301

    ANKARA MOVES TO AMEND CONTROVERSIAL ARTICLE 301

    European Report
    January 8, 2008

    In the face of strong criticism from the European Union, the Turkish
    government has drafted a proposal to amend of the infamous Article
    301 of the country's Penal Code which restricts freedom of speech. A
    bill amending the article, which provides up to four years in jail for
    "insulting Turkishness," is now ready to be sent to the parliament,
    Justice Minister Mehmet Ali Sahin confirmed on 7 January.

    "The work on the draft has been finalised. I believe the proposal
    could be submitted to parliament this week," Sahin said.

    The EU has been strongly criticising Turkish prosecutors for
    using Article 301 as a tool to restrict freedom of expression of
    non-violent opinions, inter alia, contesting the official line on
    the World War I massacres of Armenians under the Ottoman Empire, by
    journalists, writers and scholars. Dozens of intellectuals, including
    2006 Nobel literature laureate Orhan Pamuk, have been tried under
    the provision for "insulting Turkishness" by calling the Armenian
    massacre a genocide. In its latest report on Turkey's progress towards
    membership, the Commission strongly urged the government in Ankara
    to bring Article 301 "in line with the relevant EU standards".

    EU Enlargement Commissioner Olli Rehn has warned Turkey that only
    after this condition is met would the Commission recommend opening
    negotiations on the crucial policy area covering the judiciary and
    human rights (Chapter 23).

    The proposal has been drafted by the ruling Justice and Development
    Party's (AKP) Central Executive Board. Several non-governmental
    organisations, associations and university scholars have been
    consulted. Once sent to the parliament, the proposal - known as a
    priority amendment' - is expected to be adopted without delay with
    the support of the AKP, which has a strong majority in the lower house.
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