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AMNESTY INTERNATIONAL CALLS ON TURKEY TO 'REMOVE SHACKLES ON FREEDOM'
Today's Zaman, Turkey
March 27 2013
Amnesty International said in a report released on Wednesday that a
package of reforms before Turkey's Parliament risks becoming a missed
opportunity to bring the country's laws in line with international
human rights standards and leaves people vulnerable to a range of
abuses including jail time for expressing opinions.
The human rights group's report, titled "Turkey: Decriminalize dissent:
Time to deliver on the right to freedom of expression," analyses the
current law and practice related to the 10 most problematic articles
threatening freedom of expression under the Turkish legal system.
Amnesty International examined a number of cases in Turkey in which
it says freedom of expression was violated, including that of Temel
Demirer, who was prosecuted for saying that Hrant Dink had been killed
because he was Armenian and for making allegations about the state's
role in his killing; that of conscientious objector Halil Savda, who
has been convicted on multiple occasions for supporting publicly the
right to conscientious objection and accused of "alienating the public
from military service"; and that of 62-year-old Sultani Acıbuca,
a member of a group of mothers who have lost their sons or seen them
imprisoned as part of the conflict between the Turkish state and the
terrorist Kurdistan Workers' Party (PKK), who was convicted of being
a member of a terrorist organization for calling for peace and an
end to the conflict.
The report criticizes attacks on freedom of expression in Turkey and
says in order to prevent these abuses from continuing, Turkey must
overhaul its inadequate constitutional protection of the right to
freedom of expression and related provisions within the Penal Code
(TCK) and the Anti-Terrorism Law (TMK). Stating that a succession of
legislative reform packages have failed to bring about the fundamental
change required, the report says the third and most recent "judicial
package," adopted in July 2012, made some limited improvements, most
notably regarding offences used to prosecute journalists publishing
articles about ongoing criminal investigations and prosecutions.
"However, [the third package] failed to address the underlying problem
-- namely, the definition of offences in law, which either directly
violate the right to freedom of expression or are so broadly worded
as to allow for abusive prosecutions," the report says.
The report notes that government statements initially indicated that
the "fourth judicial package" would seek to bring prosecutions of
expression-related offences in line with international human rights
standards and the case law of the European Court of Human Rights
(ECtHR). However, it says, the draft law currently before Parliament
does not go nearly far enough.
"The reforms -- called the "Fourth Judicial Package" -- fail to make
the necessary legislative amendments to bring national law in line
with international human rights standards," the report states.
In a list of recommendations, Amnesty International urges the Turkish
government to repeal Article 301 of the TCK, on denigrating the Turkish
nation; Article 318, on alienating the public from military service;
Article 215, on praising a crime or a criminal; Article 220/6, on
committing a crime in the name of an organization; and Article 6/2
of the TMK, on printing or publishing declarations or statements of
a terrorist organization.
The watchdog also calls on the Turkish government to amend Article
216 of the TCK, on incitement to hatred or hostility, by repealing
paragraphs two and three so as to ensure that only advocacy of hatred
constituting incitement to violence is prosecuted, and to amend the
definition of terrorism found in Article 1 of the TMK so as to bring it
in line with the definition proposed by the UN Special Rapporteur on
the promotion and protection of human rights and fundamental freedoms
while countering terrorism.
In an article on the rights group's website headlined "Turkey:
Time to remove the shackles on freedom," Andrew Gardner, Amnesty
International's expert on Turkey, says that "most abusive prosecutions
target either individuals' criticism of public officials or their
expression of legitimate views on sensitive political issues." "The
Turkish authorities must accept criticism -- and respect the right
to freedom of expression," he says.
"Amending Turkey's overly broad and vague definition of terrorism is
a must, only this can end the abuses in prosecutions for 'membership
of a terrorist organization' and other such offences," says Gardner.
"The right to freedom of expression is under attack in Turkey.
Hundreds of abusive prosecutions are brought against activists,
journalists, writers and lawyers. It is one of Turkey's most entrenched
human rights problems," John Dalhuisen, Amnesty International's
director for Europe and Central Asia, is quoted as saying by the
watchdog.
http://www.todayszaman.com/news-310911-amnesty-international-calls-on-turkey-to-remove-shackles-on-freedom.html
From: Emil Lazarian | Ararat NewsPress
Today's Zaman, Turkey
March 27 2013
Amnesty International said in a report released on Wednesday that a
package of reforms before Turkey's Parliament risks becoming a missed
opportunity to bring the country's laws in line with international
human rights standards and leaves people vulnerable to a range of
abuses including jail time for expressing opinions.
The human rights group's report, titled "Turkey: Decriminalize dissent:
Time to deliver on the right to freedom of expression," analyses the
current law and practice related to the 10 most problematic articles
threatening freedom of expression under the Turkish legal system.
Amnesty International examined a number of cases in Turkey in which
it says freedom of expression was violated, including that of Temel
Demirer, who was prosecuted for saying that Hrant Dink had been killed
because he was Armenian and for making allegations about the state's
role in his killing; that of conscientious objector Halil Savda, who
has been convicted on multiple occasions for supporting publicly the
right to conscientious objection and accused of "alienating the public
from military service"; and that of 62-year-old Sultani Acıbuca,
a member of a group of mothers who have lost their sons or seen them
imprisoned as part of the conflict between the Turkish state and the
terrorist Kurdistan Workers' Party (PKK), who was convicted of being
a member of a terrorist organization for calling for peace and an
end to the conflict.
The report criticizes attacks on freedom of expression in Turkey and
says in order to prevent these abuses from continuing, Turkey must
overhaul its inadequate constitutional protection of the right to
freedom of expression and related provisions within the Penal Code
(TCK) and the Anti-Terrorism Law (TMK). Stating that a succession of
legislative reform packages have failed to bring about the fundamental
change required, the report says the third and most recent "judicial
package," adopted in July 2012, made some limited improvements, most
notably regarding offences used to prosecute journalists publishing
articles about ongoing criminal investigations and prosecutions.
"However, [the third package] failed to address the underlying problem
-- namely, the definition of offences in law, which either directly
violate the right to freedom of expression or are so broadly worded
as to allow for abusive prosecutions," the report says.
The report notes that government statements initially indicated that
the "fourth judicial package" would seek to bring prosecutions of
expression-related offences in line with international human rights
standards and the case law of the European Court of Human Rights
(ECtHR). However, it says, the draft law currently before Parliament
does not go nearly far enough.
"The reforms -- called the "Fourth Judicial Package" -- fail to make
the necessary legislative amendments to bring national law in line
with international human rights standards," the report states.
In a list of recommendations, Amnesty International urges the Turkish
government to repeal Article 301 of the TCK, on denigrating the Turkish
nation; Article 318, on alienating the public from military service;
Article 215, on praising a crime or a criminal; Article 220/6, on
committing a crime in the name of an organization; and Article 6/2
of the TMK, on printing or publishing declarations or statements of
a terrorist organization.
The watchdog also calls on the Turkish government to amend Article
216 of the TCK, on incitement to hatred or hostility, by repealing
paragraphs two and three so as to ensure that only advocacy of hatred
constituting incitement to violence is prosecuted, and to amend the
definition of terrorism found in Article 1 of the TMK so as to bring it
in line with the definition proposed by the UN Special Rapporteur on
the promotion and protection of human rights and fundamental freedoms
while countering terrorism.
In an article on the rights group's website headlined "Turkey:
Time to remove the shackles on freedom," Andrew Gardner, Amnesty
International's expert on Turkey, says that "most abusive prosecutions
target either individuals' criticism of public officials or their
expression of legitimate views on sensitive political issues." "The
Turkish authorities must accept criticism -- and respect the right
to freedom of expression," he says.
"Amending Turkey's overly broad and vague definition of terrorism is
a must, only this can end the abuses in prosecutions for 'membership
of a terrorist organization' and other such offences," says Gardner.
"The right to freedom of expression is under attack in Turkey.
Hundreds of abusive prosecutions are brought against activists,
journalists, writers and lawyers. It is one of Turkey's most entrenched
human rights problems," John Dalhuisen, Amnesty International's
director for Europe and Central Asia, is quoted as saying by the
watchdog.
http://www.todayszaman.com/news-310911-amnesty-international-calls-on-turkey-to-remove-shackles-on-freedom.html
From: Emil Lazarian | Ararat NewsPress