Turkey: Article 301 is the real insult

Amnesty International believes that Article 301 of the Turkish Penal Code poses a threat to the fundamental right of freedom of expression.

Background

As a result of legislative reforms in Turkey on 1 June 2005 Article 301 replaced Article 159 of the old Turkish Penal Code. Amnesty International had long opposed Article 159, and remains concerned that the breadth of Article 301 leaves it open to arbitrary interpretation by prosecution and judicial authorities and ultimately leads to the criminalisation of a wide range of peacefully expressed dissenting opinions.

As a State Party to both the International Covenant on Civil and Political Rights (Article 19) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 10), Turkey has a legal obligation to uphold the right to freedom of expression.

Article 301 of the Turkish Penal Code has been used frequently to prosecute human rights defenders, journalists and other members of civil society peacefully expressing their dissenting opinion.

Article 301 states that:

1. Public denigration of Turkishness, the Republic or the Grand National Assembly of Turkey shall be punishable by imprisonment of between six months and three years.

2. Public denigration of the Government of the Republic of Turkey, the judicial institutions of the State, the military or security structures 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 criticise shall not constitute a crime.”

The final qualification of the article in paragraph 4 suggests that expressions amounting to “criticism” rather than “public denigration” are not punishable. Amnesty International considers that the attempt to draw a distinction between criticism and denigration is highly problematic. The lack of legal certainty of the crime will lead to arbitrary interpretation by prosecutors and judges. Even the Turkish Minister of Justice himself, Cemil Çiçek, has reportedly stated that “the whole issue comes down to how the laws are interpreted”.

Human rights activists, writers, publishers, in fact potentially anybody who express views which run counter to “official history” or the dominant ideology may find themselves prosecuted. The initiation of these legal proceedings is a way of trying to silence opposition voices and should be addressed immediately. Amnesty international considers Article 301 to be at odds with Turkey’s international legal obligations, and therefore calls on the Turkish authorities to terminate without delay all prosecutions against individuals under it, and to abolish the article in its entirety.

Amnesty International believes that Article 301 of the Turkish Penal Code poses a threat to the fundamental right of freedom of expression.

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