Strong Call for Removal of Article 301

100 NGOs and 20 000 signees join the petition by IHOP that call for the removal of the notorious article 301 of the Turkish Penal Code. Freedom of expression should only be restrained on accounts of racism, discrimination and call for violence, it said.

The Joint Platform on Human Rights (IHOP) established by six NGO's working on the field declared a draft reform proposal for the notorious article 301 of the Turkish Penal Code.

20 thousand signees and 100 NGO's appended to the proposal which demands the removal of the article.

"This article, which led to unacceptable consequences regarding freedom of expression and freedom of the press should be removed to reestablish social peace and give way to full implementation of the freedom of expression in the country".

Following Turkish-Armenian journalist Hrant Dink's assassination on January 19, the debate on the already controversial article heightened. Dink himself was convicted of "insulting Turkishness" on one account and more than 60 journalists and writers stood trial with regard to the article.

Despite promises of reform on the article by several government members, the article yet remains to be changed. Another 10 NGO's, mainly business and economy circles also released a reform proposal last week, which only foresees a deduction of penalties and a slight change of wording of the article.

IHOP lists the reasons for the removal of the article as follows:

* With regard to its content, Article 301 is an outdated embodiment that deifies and protects the state and its institutions in the face of its citizens.

* The application of such is an unacceptable violation of human rights.

* Penalization of the act of "insulting" is in controversy with the general principle of the lawfulness of crimes and penalties.

* Freedom of expression should only be restrained on accounts of racism, discrimination and a direct call for violence.

Reminding that there are other articles in the Penal Code that are intended to penalize discrimination and creation of hostilities between groups of citizens, article 301 gives scope for an ambiguous discretionary power, the Platform said.

"As it is, the ambiguity of the article constitutes a threat to citizens' rights to freedom of expression".

IHOP is made up of the Helsinki Citizens' Assembly, Human Rights Association, Association for Human Rights and Solidarity with the Oppressed, Turkish Association of Human Rights, Amnesty International Turkey Branch, Peace Initiative.(EZO/EU)


İstanbul - BİA News Center

12 February 2007, Monday