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Mentioning of Armenian Genocide no longer prosecuted in Turkey

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  • Mentioning of Armenian Genocide no longer prosecuted in Turkey

    PanArmenian News
    July 12 2005

    MENTIONING OF ARMENIAN GENOCIDE IS NO LONGER PROSECUTED IN TURKEY

    >From now on in Turkey one can speak aloud about the events of 1915
    without being afraid of criminal prosecution.

    OSCE welcomes the decision of Turkey to withdraw from the new
    criminal code the article that calls for criminal responsibility for
    the mentioning of Armenian genocide. The idea was expressed on
    Thursday in Vienna by the OSCE special representative on freedom of
    media Miklosh Harazsti. The special representative expressed hope
    that the review of the regulations in the criminal code will enable
    Turkey to start negotiations on EU membership. Meanwhile it should be
    mentioned that the renewed criminal code has not yet been put into
    effect.

    /PanARMENIAN.Net/ The Turkish parliament has approved the amendments
    on June 29, but the President has not signed the law yet. As it is
    known, the amendments in the criminal code were initiated by the
    Prime Minister of Turkey Rejeb Erdogan. This allows to suppose that
    there will be no problems with the final approval of the document.
    Two points were excluded from the article 305 which is entitled
    "offences against fundamental national interests of Turkey". The
    first point prescribed punishment for calls for the withdrawal of the
    Turkish Army from Cyprus and the second point that was excluded from
    the text of the article prescribed legal persecution for the
    mentioning of Armenian genocide. It should be reminded that the
    reform of the Turkish criminal code was made not long ago, but at
    that time both of the mentioned points were kept in the document
    without any considerable changes.

    However it is notable that Turkish authorities perceived the criminal
    code article concerning the punishments for the mentioning of
    Armenian genocide as a preventive measure rather than a punitive
    mechanism. The thing is that throughtout the existence of the
    shameful article in the criminal code there has been only one case
    when an action was brought against a citizen who dared to qualify the
    events of 1915 as genocide. Only the existence of the article was
    undoubtedly a restricting factor and even the most objective and
    principal Turkish historians and right protectors did not risk to
    call things by their proper names and qualify the massacres of 1915
    as genocide. At the same time Turkish authorities did not hurry to
    imprison those courageous people. They preferred to pretend not to
    notice their actions "offending fundamental national interests of
    Turkey". This was for example the case with the well-known writer
    Orkhan Pamuk who plucked up his courage and shared with his
    compatriots about the monstrous crimes of the Young Turks against
    Armenians. The term "genocide" has repeatedly come from the lips and
    the pen of the writer. But Turkish authorities did not try to
    concentrate on that. The reason is clear. Erdogan did not want to
    tease Europeans on the eve of the negotiations on Turkey's possible
    EU membership.

    But for all that, the authorities brought an action for the
    "propaganda of the invented Armenian genocide". The thing took place
    in February, however the "crime" itself was committed yet in
    November, 2004. The crime consisted in the fact that during some
    official ceremony the well-known attorney Madani Ayhan said, "In 1915
    the Ottman Empire played a great role in the extermination of 1.5
    million Armenians who struggled for unification and prosperity. I bow
    down before the beautiful and oppressed Armenian people and join them
    in their grief". This is what was done by Ayhan who was called for
    criminal responsibility fraught with three years of imprisonment.

    While, in Turkey they agree not to imprison people who speak aloud
    about Armenian genocide, in Europe they think of introducing criminal
    responsibility against those who try to cast doubt on the fact of
    Armenian genocide...
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