Written Statement – Item 11 (d) of the provisional agenda

Independence of the judiciary, administration of justice, impunity in Turkey

The Article 301 of the Turkish Penal Code

Article 301 of the Turkish Penal Codes 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 denigation 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 denigation 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 critizise shall not constitute a crime.

Article 301 poses a direct threat to freedom of expression. Since its implementation on 1 June 2005 it has been used against people who belong to an ethnic or religious minority or defend such a minority. Article 301 directly contravenes Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Turkey is State Party to both conventions. The following examples show how Article 301 is employed to muzzle opposition figures.

Orhan Pamuk is the most prominent person who is accused of breaking Article 301. He is an internationally known writer whose books were translated into various foreign languages and who received the peace prize of the German book-trade in 2005. He faces charges under Article 103 for comments he made during an interview with the Swiss newspaper „Der Tagesanzeiger” on 5 February 2005. During the interview he stated: „30.000 Kurds and a million Armenians were murdered. Hardly anyone dares mentioning it, so I do. And that’s why I am hated.” During the first court hearing Pamuk was attacked physically. Then his internet site was attacked by Turkish nationalists. When he critizised the Turkish military nationalists suggested opening additional criminal proceedings against him.

Hrant Dink is a journalist and the editor of the weekly „Agos”, which is published in Armenian in Istanbul. On 7 October 2005, he was given a six-months suspended prison sentence for „denigrating Turkishness” in an article he wrote about with Armenian identity. According to the prosecuter Hrant Dink wrote this text in order to denigrate Turkey. The court suspended the sentence as the journalist had no previous convictions, on condition that he would not repeat the offence. Hrant Dink is currently appealing this decision. He is also prosecuted under Article 301 for other offences.

The Society for Threatened Peoples calls on the UN-Human Rights Commission

– to closely monitor the implementation of Art. 301 of the Turkish Penal Code and start negotiations with the government of Turkey aiming at the abolition of this Article which stands in contrast to the international legislation.