by EPSILON » Thu Aug 23, 2007 3:04 pm
[quote="bigOz
AND A BIG BUT MOST OFFICIAL ONE
Rest rictions on Freedom of Expression
Turkey has a long record of restricting peaceful expression and prosecuting those who peacefully express critical views of state policies on controversial issues such as secularism and religion, ethnicity, or the role of the army, or who question state-sanctioned interpretations of history. Human rights defenders in Turkey and internationally have repeatedly called on the Turkish government to abolish penal code article 301 (“insulting Turkishness and the state institutions”) and similar provisions that are often used to prosecute such speech. Instead of repealing these laws, however, the state continues to prosecute and convict writers, journalists, publishers, and human rights activists for their peaceful speech and expression. Although the Turkish public is increasingly willing to discuss even difficult and previously taboo topics, elements of the judiciary and some politicians continue to attempt to limit such public discourse and prevent greater public scrutiny and criticism of the conduct of Turkish state institutions.
While there are no official statistics on the total number of ongoing prosecutions for freedom of expression and speech-related offenses, the media monitoring desk of the Istanbul-based online news service Bianet has calculated that 132 individuals and seven publications had trial hearings for speech-related offenses in May-June 2007. Bianet reported that 12 of these cases involved charges brought under article 301; five under article 216 ("inciting hatred and enmity”), and four under articles relating to "making terrorist propaganda.”13
Numerous prosecutions, as well as some convictions, under article 301 occurred during 2007. The indictment of the Nokta journalist and his interviewee, mentioned above, is one such pending case. The following two other cases are typical of the trend:
İbrahim Güçlü, spokesman for the Diyarbakır Kurdish Association (Kürd-Der), was charged under article 301 for “insulting Turkishness and the Turkish Republic” for a speech he made in 2005 about the killing of 33 Kurdish villagers in Van in August 1943 (the so-called “Muğlalı incident”), on the 62nd anniversary of the killings. On January 24, 2007, the Diyarbakır Court of First Instance No. 5 found Güçlü guilty and sentenced him to 18 months’ imprisonment. He has appealed the verdict.
On July 11, human rights defender Eren Keskin received a one-year sentence converted to a fine (US$3,400) under article 301. Çerkezköy Penal Court of First Instance convicted her for a speech made on February 20, 2005, at an event organized by the Çerkezköy district headquarters of the Kurdish party DEHAP during which Keskin had referred to “Turkey’s dirty history” and used the word “Kurdistan.”
Though there are few prosecutions under the Law on Crimes Committed against the Memory of Atatürk, one recent example was especially striking:
On March 13, 2007, Atilla Yayla, a professor of politics and political economy at Gazi University in Ankara and president of the Association for Liberal Thinking, was charged with “insulting Atatürk” for critical comments about Kemalism, as well as for his comments on the difficulty of explaining to foreign visitors the preponderance of images of Atatürk, which he made during a November 18, 2006 panel discussion in Izmir on the Social Impact of EU-Turkey Relations. On November 21, 2006, Yayla had been notified by the university that he would not be allowed to continue teaching pending the results of a disciplinary investigation by the university. He was later reinstated after receiving a reprimand. However, he now faces a possible three-year prison sentence if convicted in the trial begun against him on April 30 in Izmir. That trial is ongoing.
(See also discussion of the charges of speech-related offenses brought against the Kurdish Democratic Society Party, below.)
The pattern of prosecutions demonstrates an intolerance of free discussion and an impulse to defend state institutions perceived as being under threat. Although prosecutions under article 301 have been directed against writers, journalists, academics, and public figures across the political spectrum, most of the prosecutions brought under other articles of the law have been aimed at those who have emphasized questions of (mainly Kurdish) ethnicity in their writings and are often singled out because of their political affiliations and/or activism. Human Rights Watch raised a number of these cases in a letter to the Turkish prime minister in April 2007.14