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BAKU: Making Amendments To Article 301 Insufficient Step Of Turkey

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  • BAKU: Making Amendments To Article 301 Insufficient Step Of Turkey

    MAKING AMENDMENTS TO ARTICLE 301 INSUFFICIENT STEP OF TURKEY TOWARDS EUROPEAN DEMOCRATIC STANDARDS: EXPERTS

    Trend News Agency, Azerbaijan
    May 2 2008

    Azerbaijan, Baku, 1 May/corr. Trend News E.Tanriverdiyeva, R.Hafizoglu
    / Making amendments to the article 301, which had 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 old law, which has been
    heavily criticized internationally. However, in the minds of many
    observers it still does not go far enough," English political analyst
    James Ker-Lindsay said.

    On 30 April, the Parliament of Turkey made changes to article 301 of
    the Criminal Code. According to the changes, the people being accused
    of insulting the national dignity of the Turks shall be sentenced
    to three years imprisonment. The new variant changed formulation and
    shortened the period of imprisonment.

    "There is a general feeling that a law of this kind has no real place
    in a modern, European democracy," the Professor of Kingston University,
    James Ker-Lindsay, reported to TrendNews via e-mail on 1 May.

    "People will still face a very real threat of prosecution for raising
    issues and questions 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," the political analyst said.

    According to him, there is no doubt that many in Europe will welcome
    the news. "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," stated.

    "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," the political analyst stated.

    "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," the
    political analyst said.

    "All-in-all, it is a welcome move. However, I don't think that it
    will end the pressure on Turkey on this issue," Ker-Lindsay said.

    Turkish political analyst Ozjan Tikit considers that making
    amendments to article 301, bringing harms to the political image and
    international authority of Turkey, shows that the Country is moving
    towards democracy. "The issue of liquidating the article 301 became
    urgent during discussions on Turkey's entrance to the European Union,"
    the leading expert of Turkish Aksham newspaper, Tikit, reported to
    TrendNews via e-mail from Istanbul on 1 May.

    However, the political analyst thinks that the article 301
    article leads to several problems in Turkey. "This law has been
    directed towards opinions and views of people," political analyst
    said. According to Tikit, prosecuting people in Turkey for their
    opinions and views contradicts the democratic and human values,
    and loses trust of people in the State.

    "The article like 301 exists in Italy as well, but in this country,
    the people are not prosecuted for the opinions and views like Turkey,"
    Tikit said.

    According to the politician, misusing this law, several forces in
    the country took more radical steps. It is possible to set an example
    from Armenian lobby's using murdering Grant Dink against Turkey.

    The opinions that making amendments to article 301 contradicts the
    values and principles of Ataturk are wrong, Tikit said. According to
    him, if the nationalism of Ataturk would be fanatical, but not civic,
    the co-existence of multilateral peoples in Turkey for a period of 80
    years would be impossible. " Turkey should use not national values,
    but existing strategic potential in the country," he said.

    The EU positively assess the amendments to article 301 in Turkey
    and describes this step as a move towards the democracy, the
    Press-Secretary of the European Commission, Amadeu Altafaj Tardio,
    said to a press-conference.

    The amendments to the article 301 of the Criminal Code of Turkey,
    according to which people accused of insulting the national dignity
    of the Turks shall be sentenced to three years imprisonment, were
    made according to suggestions of the ruling Justice and Development
    Party of Turkey. In the new version, the expression 'insulting national
    dignity of the Turks' was replaced by the expression 'insulting Turkish
    people', and the maximal period of imprisonment was shortened from
    three to two years and it also provides an opportunity to replace
    prison with conditional period with delay of implementation of
    sentence.
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