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Encyclopedia > Article 301 (Turkish penal code)

Article 301 is a controversial article of the Turkish penal code, taking effect on June 1, 2005, and introduced as part of a package of penal-law reform in the process preceding the opening of negotiations for Turkish membership of the European Union (EU), in order to bring Turkey up to the Union standards.[1][2] It makes it a crime to insult "Turkishness". Since this Article became law, charges have been brought in more than 60 cases, some of which are high-profile.[3] Büyük Hukukçular Birliği ("Great Jurists Union") headed by Kemal Kerinçsiz, a Turkish lawyer, is "behind nearly all of Article 301 trials".[4] Kerinçsiz himself is responsible for forty of the trials,[5] including the high-profile ones. It has been suggested that this article or section be merged with Criminal Code. ... is the 152nd day of the year (153rd in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... One of a number of posters created to promote the Marshall Plan in Europe, featuring Turkey Turkeys formal application to join the European Community—the organization that has since developed into the European Union—was made on April 14th, 1987. ... An insult is a statement or action which affronts or demeans someone. ... Kemal Kerinçsiz is a Turkish ultra-nationalist lawyer, famous for filing complaints against more than 40 Turkish journalists and authors (including Orhan Pamuk, Elif Åžafak, and the late Hrant Dink) for insulting Turkishness. ...

Contents

What is covered by Article 301

Article 301 states the following[6]:

  1. A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be punishable by imprisonment of between six months and three years.
  2. A person who publicly denigrates the Government of the Republic of Turkey, the judicial institutions of the State, the military or security organizations shall be punishable by imprisonment of between six months and two years.
  3. In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.
  4. Expressions of thought intended to criticize shall not constitute a crime.

High-profile cases

Turkish writer Orhan Pamuk was brought to trial regarding statements about the Armenian Genocide.

Article 301 has been used to bring charges against writer Orhan Pamuk for stating, in an interview with a Swiss magazine, that "Thirty thousand Kurds and a million Armenians were killed in these lands and nobody but me dares to talk about it". The charges were later dropped.[7][8] Another high-profile case to result from this legislation involved the writer and journalist Perihan Magden, who was prosecuted for a December 2005 newspaper column in which she strongly defended the principle of conscientious objection and the refusal to perform military service. In response to this column, the Turkish military filed a complaint against her.[9] In the trial, which took place on July 27, 2006, she was acquitted when the court ruled that her opinions were covered by the freedom of expression and were not a crime under the Turkish penal code.[10] If convicted she could have faced three years' imprisonment. Image File history File linksMetadata Orhan_Pamuk3. ... Image File history File linksMetadata Orhan_Pamuk3. ... Armenian Genocide photo. ... Ferit Orhan Pamuk (born on June 7, 1952 in Istanbul) is a Nobel Prize-winning Turkish novelist. ... Kurds are one of the Iranian peoples and speak Kurdish, a north-Western Iranian language related to Persian. ... The Armenians are a nation and an ethnic group, originating in the Caucasus and eastern Asia Minor. ... Perihan Magden (born 1960) is a Turkish writer of prose and poetry and a columnist for the newspaper Radikal. ... A conscientious objector is an individual whose personal beliefs are incompatible with military service, or sometimes with any role in the armed forces. ... is the 208th day of the year (209th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ...


In July 2006 the Istanbul public prosecutor's office prepared an indictment alleging that the statements in the book Manufacturing Consent by Noam Chomsky and Edward S. Herman constituted a breach of the article.[11] The publisher and editors of the Turkish translation, as well as the translator, were brought to trial accordingly, but acquitted in December 2006.[12] Avram Noam Chomsky (born December 7, 1928) is an American linguist, philosopher, political activist, author, and lecturer. ... Edward S. Herman is an economist and media analyst with a specialty in corporate and regulatory issues as well as political economy and the media. ...


In 2006 Elif Şafak also faced charges of "insulting Turkishness" because of her latest novel, The Bastard of Istanbul.[3] The case was thrown out by the judge after a demand by the prosecutor for the case to be dropped.[13] Elif Åžafak, aka: Elif Shafak, (born 1971, Strasbourg, France) is a writer of Turkish descent. ...


In 2006, the well-known Armenian-Turkish journalist Hrant Dink was prosecuted under the Article 301 for insulting Turkishness, and received a six month suspended sentence. He was subsequently assassinated by radical nationalists. Orhan Pamuk declared, "In a sense, we are all responsible for his death. However, at the very forefront of this responsibility are those who still defend article 301 of the Turkish Penal Code. Those who campaigned against him, those who portrayed this sibling of ours as an enemy of Turkey, those who painted him as a target, they are the most responsible in this."[14] Hrant Dink was posthumously acquitted of the charges on June 14, 2007, in a retrial ordered by the Court of Appeals.[15] Hrant Dink (Armenian: , IPA: [][1]) (September 15, 1954 – January 19, 2007) was a Turkish-Armenian editor, journalist and column writer. ... is the 165th day of the year (166th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ...


Publisher Ragıp Zarakolu is on trial under Article 301 as well as for “insulting the legacy of Atatürk” under Law 5816.[16] Ragıp Zarakolu (born Büyükada 1948) is a Turkish publisher who has long faced legal harassment for publishing books on controversial subjects in Turkey, especially on minority and human rights in Turkey. ... Mustafa Kemal Atatürk Mustafa Kemal Atatürk (1881–November 10, 1938), Turkish army officer, revolutionary, and anti-imperialist statesman, was the founder and first President of the Republic of Turkey. ...


In 2007, Arat Dink (Hrant Dink's son) and Serkis Seropyan were convicted to one-year suspended sentences under Article 301 for printing Dink's claims that the killings of Armenians in 1915 was a genocide.[17]


Other high profile incidents

In December 2005 Joost Lagendijk, a member of the Dutch Green Left party and the European Parliament's Committee on Foreign Affairs, chairman of the EU-Turkey Joint Parliamentary Committee, and a staunch supporter of Turkish EU membership, visited Turkey to attend the trial against Orhan Pamuk. In his speech he commented on the Şemdinli incident and criticized the Turkish military for seeking to maintain its political influence through the continuous guerrilla war with the PKK.[2] Greater Jurists Union (Turkish: Büyük Hukukçular Birliği), the same group that filed a complaint against Orhan Pamuk, filed charges against Joost Lagendijk for violating Article 301 by insulting the Turkish army. The prosecutor, however, declined to prosecute, referring to the Turkish constitution and the European Convention on Human Rights, as well as a judgement by the European Court of Human Rights concerning the interpretation of that Convention.[18] Joost Lagendijk (born 8 June 1957 in Roosendaal, Netherlands) is a Dutch politician and Member of the European Parliament. ... GroenLinks (GL, GreenLeft) is a political party in the Netherlands. ... Established 1952, as the Common Assembly President Hans-Gert Pöttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) Gérard Onesta (Greens – EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel Martínez Martínez (PES) Luigi Cocilovo (ALDE) Mechtild... This article refers to the European Parliaments committee. ... Åžemdinli is a district located in south-east Turkey in the Hakkari Province of Turkey. ... Turkish Armed Forces (Turkish: Türk Silahlı Kuvvetleri (TSK)) consists of the Army, the Navy (includes Naval Air and Naval Infantry) and the Air Force. ... The Congress for Freedom and Democracy in Kurdistan (Kadek), formerly known as the Kurdistan Workers Party (Kurdish: Partiya Karkerên Kurdistan, PKK ) was one of several militant groups fighting for the creation of an independent Kurdish state in southern Turkey, northern Iraq, Northern Syria and western Iran. ... Wikisource has original text related to this article: Constitution of the Republic of Turkey The Constitution of Turkey was enacted in 1982 during military dictatorship, replacing the previous Turkish constitution enacted in 1961. ... “ECHR” redirects here. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...


Members of the Strong Turkey Party organized a campaign of civil disobedience against the article called Try me too 301 (Turkish: Beni de yargıla 301). 301 members of the party knowingly violated the article 301 and filed complaints against themselves. The prosecutor refused to file charges. For other uses, see Civil disobedience (disambiguation). ...


Criticism and impact of the article

In its short life the article has been heavily criticized, both in Turkey and outside. A criticism heard in Turkey, and also voiced by some outside, is that it has turned into a tool of the nationalist "old guard", who, so is claimed, use it to press charges against people of international renown, not to stifle dissenting opinions but with the aim of thwarting the admission process to the EU.[19][2][20] Novelist Elif Şafak claims the Article has a chilling effect on free expression, notwithstanding its fourth clause.[21] It is too early to tell how this is going to be interpreted in cassation (last-instance review) by the Court of Appeals. Turkey accepts the European Court of Human Rights' decisions as overriding higher court decision, and ratified international treaties as overriding national law. Eugène Delacroixs Liberty Leading the People, symbolizing French nationalism during the July Revolution 1830. ... It has been suggested that Legal terrorism be merged into this article or section. ... The basics of the legal system in the Republic of Turkey are laid out in Articles 138 to 160 of the 1982 Constitution. ... European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...


In their statement "Turkey: Article 301 is a threat to freedom of expression and must be repealed now!",[22] human rights watchdog group Amnesty International claims that "Article 301 poses a direct threat to freedom of expression, as enshrined in Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)." Human rights are rights which some hold to be inalienable and belonging to all humans. ... Wikimedia Commons has media related to: Amnesty international Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization which defines its mission as to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... Parties to the ICCPR: members in green, non-members in grey The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ... The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ...


Possible change

Following the murder of Hrant Dink, Turkish deputy prime minister and foreign minister Abdullah Gül declared, "With its current state, there are certain problems with article 301. We see now that there are changes which must be made to this law."[23] Gül suggested on February 23, 2007, that he expects changes to Article 301 in a few weeks.[24] The amendment proposal was submitted in April 2008.[25] Abdullah Gül (born October 29, 1950) is the 11th President of the Republic of Turkey, serving in that office since 28 August 2007. ... is the 54th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ...


Possible removal

The AKP government is re-writing the Turkish constitution. The draft includes a requirement that the constitutional court remove laws which contradict international agreements which Turkey is a part of. During the review the constitutional court may remove the article on the grounds that it is in violation of the European Human Rights Agreement.[26]


See also

Freedom of press in Turkey is regulated by several laws, including the Article 301 which took effect in June 2005. ... The current human rights situation in Europe on the whole is good, although there are several human rights problems ranging from the treatment of asylum seekers and the Roma to reports of police brutality. ... It has been suggested that Human rights of Kurdish people in Turkey be merged into this article or section. ... International Freedom of Expression eXchange. ... Several Turkish writers (fiction writers, journalists, etc) have been prosecuted in Turkey. ...

References

  1. ^ Turkey's new penal code touches raw nerves EurActiv 2 June 2005, updated 14 November 2005.
  2. ^ a b c Justus Leicht Turkey: Court drops prosecution of writer Orhan Pamuk. February 6, 2006, World Socialist Web Site (published by the ICFI)
  3. ^ a b "In Istanbul, a writer awaits her day in court", The Guardian, July 24, 2006.
  4. ^ In Turkey, ultra-nationalist lawyer wins supporters as enthusiasm for the EU falls
  5. ^ Turkish novelist case collapses
  6. ^ Turkey: Article 301 is a threat to freedom of expression and must be repealed now! Amnesty International Public Statement 1 December 2005
  7. ^ Sarah Rainsford Author's trial set to test Turkey BBC 14 December 2005.
  8. ^ Court drops Turkish writer's case BBC 23 January 2006
  9. ^ "A question of conscience: Orhan Pamuk defends Turkey's wittiest and most controversial female columnist" by Orhan Pamuk, The Guardian Unlimited, Books Section, June 3, 2006, accessed June 7, 2006.
  10. ^ "Turk court acquits author over remarks on military", Reuters, July 27, 2006.
  11. ^ "Noam Chomsky'nin kitabına 'Türklüğü aşağılamak'tan dava" Milliyet Online, July 4, 2006, accessed July 4, 2006.
  12. ^ Turks acquitted over Chomsky book, BBC News, December 20, 2006.
  13. ^ "Judge throws out charges against Turkish novelist ", The Guardian, September 22, 2006.
  14. ^ "Orhan Pamuk: We are all responsible for Dink's death", Hürriyet, 2007-01-21. Retrieved on 2007-01-22. .
  15. ^ "Hrant Dink finally acquitted", Today's Zaman, 2007-06-15. Retrieved on 2007-06-15. 
  16. ^ http://www.bianet.org/2006/05/01_eng/news78001.htm
  17. ^ BBC, Pair guilty of 'insulting Turkey', 11 October 2007
  18. ^ Vrijheid van meningsuiting reden Lagendijk niet te vervolgen ("Freedom of expression ground not to prosecute Lagendijk"), in Dutch. February 8, 2006, Web site of Green Left
  19. ^ Ekrem Dumanlı If it Continues this Way, we won't have any 'Friends' Left. April 7, 2006, Zaman
  20. ^ Aida Edemariam Wrestling the Turk's dual spirits. April 15, 2006, The Age
  21. ^ Europe Launches Criticism of Law Targeting Journalists in Turkey; Media Victory in High-Profile Terror Case. November 10, 2006, CNN
  22. ^ Turkey: Article 301 is a threat to freedom of expression and must be repealed now! Amnesty International Public Statement 1 December 2005
  23. ^ "FM Gul: Changes must be made to article 301", Hürriyet, 2007-01-25. Retrieved on 2007-01-28. 
  24. ^ "Gul says Turkey to proceed with reforms, will amend Article 301 soon", Southeast European Times, 2007-02-25. 
  25. ^ "Barroso promises to open two more chapters; Turkey more reforms", Hurriyet, 2008-04-09. Retrieved on 2008-04-10. "In a move to woo the EU Turkish government sent its long-awaited proposal to amend the controversial article of the Turkish Penal Code to the parliament, which is expected to approve it next week. The proposal aims to soften Article 301 of the penal code, which calls for up to three years in jail for "insulting Turkishness." The president's approval will be required to open a case under the article." 
  26. ^ "New constitution paves way for removal of 301", Today's Zaman, 2007-04-05. 

is the 153rd day of the year (154th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 318th day of the year (319th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 37th day of the year in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The International Committee of the Fourth International (ICFI) was a Trotskyist international network, formed in 1953 by groups who disagreed with the course of the Fourth International under Michel Raptis (Pablo) and Ernest Mandel. ... For other uses, see Guardian. ... is the 205th day of the year (206th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Wikimedia Commons has media related to: Amnesty international Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization which defines its mission as to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience... is the 335th day of the year (336th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... For other uses, see BBC (disambiguation). ... is the 348th day of the year (349th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 23rd day of the year in the Gregorian calendar. ... Reuters Group plc (LSE: RTR and NASDAQ: RTRSY); pronounced is known as a financial market data provider and a news service that provides reports from around the world to newspapers and broadcasters. ... is the 208th day of the year (209th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Milliyet (Nationality in Turkish) is a major Turkish daily newspaper founded in 1950. ... BBC News is the department within the BBC responsible for the corporations news-gathering and production of news programmes on BBC television, radio and online. ... is the 354th day of the year (355th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... For other uses, see Guardian. ... is the 265th day of the year (266th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 21st day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 22nd day of the year in the Gregorian calendar. ... Todays Zaman is a major Turkish daily newspaper. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 166th day of the year (167th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 166th day of the year (167th in leap years) in the Gregorian calendar. ... is the 284th day of the year (285th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 39th day of the year in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... GroenLinks (GL, GreenLeft) is a political party in the Netherlands. ... April 7 is the 97th day of the year in the Gregorian calendar (98th in leap years). ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Zaman (literally time or era in Turkish) is a major Turkish daily newspaper. ... is the 105th day of the year (106th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... This article does not cite any references or sources. ... is the 314th day of the year (315th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... The Cable News Network, commonly known as CNN, is a major cable television network founded in 1980 by Ted Turner. ... Wikimedia Commons has media related to: Amnesty international Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization which defines its mission as to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience... is the 335th day of the year (336th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Hürriyet (Liberty) is a secular centrist, nationalist high-circulation broadsheet daily Turkish newspaper. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 25th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 28th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 56th day of the year in the Gregorian calendar. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... is the 99th day of the year (100th in leap years) in the Gregorian calendar. ... 2008 (MMVIII) is the current year, a leap year that started on Tuesday of the Anno Domini (or common era), in accordance to the Gregorian calendar. ... is the 100th day of the year (101st in leap years) in the Gregorian calendar. ... Todays Zaman is a major Turkish daily newspaper. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era in the 21st century. ... is the 95th day of the year (96th in leap years) in the Gregorian calendar. ...

External links

  • (Turkish) Türk Ceza Kanunu ("Turkish Penal Code")
  • OSCE Media Freedom Expert Reviews Turkish Penal CodePDF (121 KiB)
  • Article By Terry Davis, Secretary General of Council of Europe
“PDF” redirects here. ... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to...


 
 

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