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Turkish Daily News
Oct 7 2006
Cicek signals changes in Article 301
Saturday, October 7, 2006
ANKARA - Turkish Daily News
Justice Minister Cemil Cicek, who has been determined in his
opposition to any changes in the much-criticized Article 301 of the
Turkish Penal Code (TCK), has begun to change his mind, according to
recent reports.
Speaking to journalists in Berlin, where he is was attending a
Turkish Industrialists and Businessmen's Association (TUSÝAD)
meeting, Cicek said there was no such thing that Article 301 could
not be changed, noting that the real problem was what changes were to
be introduced.
Despite government arguments that the new TCK, which came into
effect last year, constituted significant progress in terms of rights
and freedoms, Article 301, which criminalizes insulting Turkishness,
state institutions and Ataturk, has created an uproar with one
celebrated writer after another being tried as a result.
While writers Orhan Pamuk and Elif Þafak were found not guilty of
violating the article, many other lesser-known authors were
victimized as a result without attracting too much media attention.
The European Union, which Turkey wants to join, insists the article
needs to be changed or annulled, with the government seemingly
agreeing on the necessity of a review.
The opposition Republican People's Party (CHP) is opposed to any
such change and has said it would not support amendments to the
article.
Earlier this week the court that found Þafak not guilty said,
"Efforts to limit freedom of thought and expression may have serious
consequences" in its full opinion on the Þafak ruling. "It is
unthinkable to talk about crimes committed by fictional characters.
... It is necessary to define the boundaries of the 'Turkishness'
concept and place it on firm ground."
The government has said it needs more time to assess whether it is
necessary to change Article 301. It fears a nationalist backlash
ahead of elections due next year if it tries to change the law.
Cicek said they were under pressure from the EU to change the
article but noted that he kept asking EU officials about the bill
French Parliament would soon discuss that criminalizes the refusal to
accept the Armenian genocide.
He said the government was working on changing the controversial
article. "However, citizens' concerns need to be taken into account.
If we annul it, what will we tell the people when they ask: 'Are you
ashamed of being a Turk?'?"
Foreign Minister Abdullah Gul has been openly insisting that the
article be changed, but Cicek was opposed to any such amendment,
arguing that the judiciary would fine-tune the article on its own.
Prime Minister Recep Tayyip Erdoðan has also said the government
would consider changing the article.
A European Commission source told Reuters that Brussels would study
the opinion but said a higher court has already imposed a suspended
jail sentence on another writer under Article 301 and that this
ruling set a precedent in the evolution of case law on the issue. "We
understand there is a will in Ankara to solve this issue through case
law, but this will take many years to build up. We believe Article
301 needs to be changed now," the source said.
--Boundary_(ID_svn7lxkZBwmkJ+7ErApbDg)--
Oct 7 2006
Cicek signals changes in Article 301
Saturday, October 7, 2006
ANKARA - Turkish Daily News
Justice Minister Cemil Cicek, who has been determined in his
opposition to any changes in the much-criticized Article 301 of the
Turkish Penal Code (TCK), has begun to change his mind, according to
recent reports.
Speaking to journalists in Berlin, where he is was attending a
Turkish Industrialists and Businessmen's Association (TUSÝAD)
meeting, Cicek said there was no such thing that Article 301 could
not be changed, noting that the real problem was what changes were to
be introduced.
Despite government arguments that the new TCK, which came into
effect last year, constituted significant progress in terms of rights
and freedoms, Article 301, which criminalizes insulting Turkishness,
state institutions and Ataturk, has created an uproar with one
celebrated writer after another being tried as a result.
While writers Orhan Pamuk and Elif Þafak were found not guilty of
violating the article, many other lesser-known authors were
victimized as a result without attracting too much media attention.
The European Union, which Turkey wants to join, insists the article
needs to be changed or annulled, with the government seemingly
agreeing on the necessity of a review.
The opposition Republican People's Party (CHP) is opposed to any
such change and has said it would not support amendments to the
article.
Earlier this week the court that found Þafak not guilty said,
"Efforts to limit freedom of thought and expression may have serious
consequences" in its full opinion on the Þafak ruling. "It is
unthinkable to talk about crimes committed by fictional characters.
... It is necessary to define the boundaries of the 'Turkishness'
concept and place it on firm ground."
The government has said it needs more time to assess whether it is
necessary to change Article 301. It fears a nationalist backlash
ahead of elections due next year if it tries to change the law.
Cicek said they were under pressure from the EU to change the
article but noted that he kept asking EU officials about the bill
French Parliament would soon discuss that criminalizes the refusal to
accept the Armenian genocide.
He said the government was working on changing the controversial
article. "However, citizens' concerns need to be taken into account.
If we annul it, what will we tell the people when they ask: 'Are you
ashamed of being a Turk?'?"
Foreign Minister Abdullah Gul has been openly insisting that the
article be changed, but Cicek was opposed to any such amendment,
arguing that the judiciary would fine-tune the article on its own.
Prime Minister Recep Tayyip Erdoðan has also said the government
would consider changing the article.
A European Commission source told Reuters that Brussels would study
the opinion but said a higher court has already imposed a suspended
jail sentence on another writer under Article 301 and that this
ruling set a precedent in the evolution of case law on the issue. "We
understand there is a will in Ankara to solve this issue through case
law, but this will take many years to build up. We believe Article
301 needs to be changed now," the source said.
--Boundary_(ID_svn7lxkZBwmkJ+7ErApbDg)--