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Expert: Amended Article 301 Won't Ease Pressure On Turkey

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  • Expert: Amended Article 301 Won't Ease Pressure On Turkey

    EXPERT: AMENDED ARTICLE 301 WON'T EASE PRESSURE ON TURKEY

    PanARMENIAN.Net
    02.05.2008 15:53 GMT+04:00

    /PanARMENIAN.Net/ Making amendments to article 301, which had for
    a long time been a "stumbling block" for freedom of expression in
    Turkey, testified that the country has moved towards the standards
    of the European democracy, but it may be insufficient step in light
    of the European Union.

    "The new law is certainly an improvement over the previous one,
    which has been heavily criticized internationally. However, in the
    minds of many observers it still does not go far enough," English
    political analyst, Professor of Kingston University James Ker-Lindsay
    said. "There is a general feeling that a law of this kind has no real
    place in a modern, European democracy."

    "People will still face a very real threat of prosecution for raising
    issues that many feel can only be addressed through frank and open
    discussion in society. In this sense, the amendment falls short of the
    democratic standards Turkey should really be trying to meet," he said.

    According to him, there is no doubt that many in Europe will welcome
    the amendments. "However, it will not be seen as a major change for
    the better. Instead, it will be regarded as just another small step
    towards democratization," he remarked.

    "I fully expect that in a few years, the Turkish Government will
    come under pressure to repeal the article altogether. However, at
    this stage there is a feeling that all progress, no matter how small,
    should be welcomed. In this sense, I don't think that the amendment
    will have any major effect on Turkish-EU relations, nor will it be
    enough to ease the general feeling in Europe that Turkey needs to
    make significant changes to its political system if it ants to join
    the EU. All-in-all, it is a welcome move.

    However, I don't think that it will end the pressure on Turkey on
    this issue," Prof. Ker-Lindsay said, Trend Azeri news agency reports.

    The Turkish parliament Wednesday passed a long-awaited amendment to
    a law penalizing insults to "Turkishness" that has drawn strong EU
    criticism as a threat to free speech in the country.

    The amendment, softening article 301 of the penal code, was adopted
    with the support of 250 MPs in the 550-member house at the end of
    an eight-hour debate that started Tuesday afternoon and continued
    throughout the night amid fierce opposition from nationalist deputies.

    Under the amendment, "Turkishness" - a term criticized as too broad
    and vague - was replaced with the "Turkish nation" and the envisaged
    jail term decreased from three to two years, allowing the sentence
    to be suspended or converted to a fine.

    In a bid to make trials under the law more difficult, the provision
    now requires the justice minister's approval before prosecutors can
    launch cases. Also, a section that called for increased sanctions
    for such crimes committed abroad was removed from the law.
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