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GOVERNMENT PLEDGES MORE REFORMS AFTER 301 AMENDMENT
Today's Zaman
April 9 2008
Turkey
The government has said it would continue with more reforms for
European Union membership after sending to Parliament a proposal
to change the infamous Article 301 of the Turkish Penal Code (TCK),
which the 27-nation bloc says restricts freedom of expression.
"We have a huge reform agenda ahead of us," Foreign Minister Ali
Babacan said at a meeting hosted by Ankara-based think tank TEPAV
yesterday. "Many constitutional and legal arrangements need to be
carried out in order to deepen and refine political reforms passed
so far."
After dragging their feet for more than two years, the government
finally sent a proposal on Monday to change Article 301, which states
those who "insult Turkishness" shall be punished by up to three years
in prison. Several Turkish activists and intellectuals, including
Nobel Prize winner and novelist Orhan Pamuk and slain Turkish-Armenian
journalist Hrant Dink, have landed in court under Article 301.
Prime Minister Recep Tayyip Erdogan said yesterday while addressing
his Justice and Development Party (AK Party) that the proposal
would be voted on in Parliament next week. Under the government's
proposal, the president would have to approve any prosecution under
Article 301. The vague term of "Turkishness" would also be replaced
by "the Turkish nation" or "the Turkish Republic" and the maximum
punishment would be reduced to two years, meaning it can be suspended
completely. Under Turkish laws, if a sentence does not exceed two
years, courts are allowed to postpone any punishment indefinitely,
unless the offender commits the same crime again.
Babacan signaled that the government would not stop with amendments
to Article 301. "Our Constitution is not 100 percent in line with
EU norms. We have many deficiencies. That is something we need to
be aware of," he said. "These must be corrected one by one. This is
not only an EU criterion; we will do this because this is what the
Turkish people deserve."
The governing party has been subject to criticism over losing interest
in the EU process over the past couple of years after an unprecedented
reform pace during its first term in power. The AK Party's renewed
focus on EU reforms comes after a state court filed a closure case
against it on charges of becoming a focal point of anti-secular
activities.
After several days of anger and shock at the case, the ruling party
has decided to respond by revitalizing the EU reform process. It is
not yet clear whether it will also push for constitutional changes to
make party closures more difficult immediately in order to stave off
the threat of closure. These changes are expected to be accompanied
with other reforms sought by the EU.
Risks to investments
The AK Party has largely relied on its economic achievements, which
have brought an atmosphere of stability to the previously volatile
Turkish economy. Babacan said Turkey owed its economic success, seen
between 2002 and 2007, largely to its EU process and warned that any
trouble in its democracy could pose a risk to the economy.
"Only open countries, open societies can be predictable. Only countries
where democracy truly functions can be predictable. If there is
trouble with democracy in a country, then that country is no longer
predictable -- and this definitely affects investors," Babacan said.
"We cannot now forget the reasons behind the success and say 'we are
enough for ourselves, we only need ourselves to be successful.' We have
to have self-confidence, but we also have to be realistic," he added.
Today's Zaman
April 9 2008
Turkey
The government has said it would continue with more reforms for
European Union membership after sending to Parliament a proposal
to change the infamous Article 301 of the Turkish Penal Code (TCK),
which the 27-nation bloc says restricts freedom of expression.
"We have a huge reform agenda ahead of us," Foreign Minister Ali
Babacan said at a meeting hosted by Ankara-based think tank TEPAV
yesterday. "Many constitutional and legal arrangements need to be
carried out in order to deepen and refine political reforms passed
so far."
After dragging their feet for more than two years, the government
finally sent a proposal on Monday to change Article 301, which states
those who "insult Turkishness" shall be punished by up to three years
in prison. Several Turkish activists and intellectuals, including
Nobel Prize winner and novelist Orhan Pamuk and slain Turkish-Armenian
journalist Hrant Dink, have landed in court under Article 301.
Prime Minister Recep Tayyip Erdogan said yesterday while addressing
his Justice and Development Party (AK Party) that the proposal
would be voted on in Parliament next week. Under the government's
proposal, the president would have to approve any prosecution under
Article 301. The vague term of "Turkishness" would also be replaced
by "the Turkish nation" or "the Turkish Republic" and the maximum
punishment would be reduced to two years, meaning it can be suspended
completely. Under Turkish laws, if a sentence does not exceed two
years, courts are allowed to postpone any punishment indefinitely,
unless the offender commits the same crime again.
Babacan signaled that the government would not stop with amendments
to Article 301. "Our Constitution is not 100 percent in line with
EU norms. We have many deficiencies. That is something we need to
be aware of," he said. "These must be corrected one by one. This is
not only an EU criterion; we will do this because this is what the
Turkish people deserve."
The governing party has been subject to criticism over losing interest
in the EU process over the past couple of years after an unprecedented
reform pace during its first term in power. The AK Party's renewed
focus on EU reforms comes after a state court filed a closure case
against it on charges of becoming a focal point of anti-secular
activities.
After several days of anger and shock at the case, the ruling party
has decided to respond by revitalizing the EU reform process. It is
not yet clear whether it will also push for constitutional changes to
make party closures more difficult immediately in order to stave off
the threat of closure. These changes are expected to be accompanied
with other reforms sought by the EU.
Risks to investments
The AK Party has largely relied on its economic achievements, which
have brought an atmosphere of stability to the previously volatile
Turkish economy. Babacan said Turkey owed its economic success, seen
between 2002 and 2007, largely to its EU process and warned that any
trouble in its democracy could pose a risk to the economy.
"Only open countries, open societies can be predictable. Only countries
where democracy truly functions can be predictable. If there is
trouble with democracy in a country, then that country is no longer
predictable -- and this definitely affects investors," Babacan said.
"We cannot now forget the reasons behind the success and say 'we are
enough for ourselves, we only need ourselves to be successful.' We have
to have self-confidence, but we also have to be realistic," he added.