EU welcomes Turkey's free speech reform

01/05/2008

The EU hailed the Turkish parliament's long-awaited amendment to a controversial law penalising "insults to Turkishness".

By Ayhan Simsek for Southeast European Times -- 01/05/08

"This amendment is a welcome step forward," EU Enlargement Commissioner Olli Rehn said. [Getty Images]

The EU on Wednesday (April 30th) applauded the Turkish parliament's adoption of an amendment to Article 301. Parliament approved the change to the Penal Code, with the support of deputies from the ruling Justice and Development Party, following an eight-hour debate. The Nationalist Movement Party (MHP) strongly opposed the change, while the main opposition Republican People's Party described it as a "cosmetic" effort to please the EU.

"This amendment is a welcome step forward," EU Enlargement Commissioner Olli Rehn said, stressing the importance of implementation. "Now the Turkish authorities should focus on … guaranteeing full freedom of expression," Rehn said, urging amendments to similar articles in order to stop unfounded prosecutions.

The controversial article became law in 2005 as part of a legislative reform programme, but its vague terms arbitrarily criminalised a broad range of critical opinions. Under the law, "public denigration" of "Turkishness" or of the "Government of Turkey, the judicial institutions of the State, the military or security structures" became punishable by up to three years' incarceration.

Many intellectuals stood trial under the article, including 2006 Nobel literature laureate Orhan Pamuk, novelist Elif Safak and Turkish-Armenian journalist Hrant Dink, who was later gunned down.

The amendment does not remove Article 301, but it defines the term "public denigration" more clearly and effectively circumscribes the public prosecutors' ability to launch cases. It replaces the vague term "Turkishness" with "Turkish nation" and the term "Republic" with "State of the Republic of Turkey." The Turkish minister of justice must authorise any prosecution under the law, making it more difficult to open a case. The amendment also stresses that expressions of critical thought shall not constitute a crime. It also reduces jail terms to a maximum of two years.

While acknowledging improvements, critics of the amendment argue that it leaves Article 301 as a lingering threat to free speech.

The EU largely welcomed the move. "This is a compromise; we couldn't get a better result," Member of European Parliament Joost Lagendijk said. "As the EU, our main option was rescinding Article 301. But we must take into account difficult domestic political conditions in Turkey … for now, we should accept it as it is," he said.

EU-Turkey Joint Parliamentary Committee Chairman Lagendijk pointed out that Turkey incorporated elements of the penal codes of Italy, Poland and Germany in drafting the recent amendment and that, in its current form, 301 will not hinder Turkey's EU process.

The EU, which Turkey strives to join, long criticised the law as a threat to free speech and described it as a major obstacle to Turkey's EU talks. Turkey started EU accession talks in 2005, but in the last three years, only six out of the 35 necessary chapters have been opened.