Freedom of Expression

The new Minister of Justice Sadullah Ergin is now in the position to decide who is investigated or prosecuted under the controversial Article 301, which has often been used to penalise criticism of the state and state institutions, claiming “denigration”.

According to the Turkey Journalists’ Trade Union  (TGS), 719 files were sent to the former Minister of Justice Mehmet Ali Şahin between January and April 2009. He gave permission for investigation or prosecution in 73 cases, concerning 96 people.

If the Constitutional Court does not abolish the condition of ministerial approval, then those whose investigations have been delayed will now face the new Minister of Justice.

They are people who have criticised the state, rights violation or who have protested against actions by public institutions.

Predecessor's attitude clear

Former Minister Şahin had made his attitude clear when he allowed the trial of writer Temel Demirer. Şahin had said, “I will not allow someone to call the state ‘murderer’.”

He also permitted the trial of ten activists in Eskişehir, who had used the expression “murderous state” in a flyer criticising brutal operations in more than 20 prisons in Turkey nine years ago.

Another of the cases that Şahin permitted was the trial of Hakan Taştan and Turan Topal, both on trial in Silivri on accusations of missionary activities.

Who is Ergin?

Sadullah Ergin was born in Antakya, southeastern Turkey, in 1964.  He graduated from Ankara University’s law faculty. He worked as a lawyer and participated in the management of several associations and societies. In 2002, he entered parliament as an MP for the Justice and Development Party (AKP) in Hatay. In 2003, and again in 2004, he was elected parliamentary group deputy chair for the AKP. On 1 May 2009, he was named the new Minister of Justice.

He is married with three children. (EÖ/AG)