IPI Condemns Ongoing Censorship under Article 301

In an open letter, the International Press Institute (IPI), the global network of editors, media executives and leading journalists in over 120 countries, criticises the ongoing failure of the Turkish government to reform the internationally denounced article 301 of the Turkish penal code.

This criticism comes in the week of the first anniversary of the murder of Hrant Dink, a Turkish-Armenian journalist and IPI World Press Freedom Hero.

Article fuels hatred and violence

"Article 301, which criminalises ‘insults to Turkishness’, has serious ramifications for freedom of speech in Turkey," said David Dadge, IPI Director.

"By silencing speech on certain issues, the article risks fuelling hatred and violence in Turkish society. Bearing in mind that Dink was murdered by a Turkish nationalist, it is possible that his murderer felt in some way justified by the fact that Dink had broken this pernicious law. Indeed, it is likely that he may have become a target in the first place due to the high profile nature of the trial."

"For this reason, article 301 may encourage a vicious cycle of violence, leaving those brave enough to speak out on taboo subjects in Turkey isolated and possibly in grave danger."

In the open letter, IPI strongly urges the government of Turkey to ensure that article 301 is repealed, along with other articles in the Turkish penal code which inhibit freedom of expression and which do not conform to the standards expected of a modern democracy.

IPI's Open Letter to the Turkish Government on Article 301

15 January 2008
H.E. Recep Tayyip Erdogan
Prime Minister of Turkey
Office of the Prime Minister
Ankara, Turkey

H.E. Abdullah Gül
President of Turkey
Office of the President
Ankara, Turkey

Your Excellencies,

The International Press Institute (IPI), the global network of editors, media executives and leading journalists in over 120 countries, would like to express its disappointment at the Turkish government’s failure to initiate reform of the criminal defamation articles laid down in the Turkish penal code, in particular article 301.

As you are aware, article 301 criminalises insults to "Turkishness" and carries a sentence of up to three years imprisonment. This article has been heavily criticised by the international community and its reform is a prerequisite to Turkey’s accession to the European Union.

According to information before IPI, comments made on 7 January by Mehmet Ali Sahin, the Turkish Minister for Justice, suggested that the long awaited reforms to article 301 were due to be brought to Parliament last week for debate. However, Prime Minister Tayyip Erdogan denied this the following day, stating that the draft reforms were incomplete. Certain press reports suggested that the reform package would be introduced to the floor of the Turkish parliament this week. However, this has not yet happened.

IPI would like to urge the Turkish government to reform article 301, as the threats it represents to freedom of expression are in stark contrast to the rights laid out in Article 10 of the European Convention on Human Rights.

The willingness of the Turkish government to tackle this issue has special relevance at this moment in time. This week sees the first anniversary of the brutal murder of Turkish-Armenian journalist Hrant Dink, who was killed outside his offices in Istanbul on 19 January 2007. Dink, who was nominated IPI World Press Freedom Hero for 2007, had his conviction for breaching article 301 upheld in July 2006. Dink had received various threats from nationalists, and his murder was followed by widespread calls for changes to article 301, including an admission by President Gul in October 2007 of the necessity to reform this pernicious law. However, the article remains on the statute books.

IPI urges the Turkish government to place the package of reforms before parliament and to repeal article 301, and in doing so fulfil its obligations as a modern democracy. IPI also urges the Turkish government to repeal all other laws that impinge on freedom of speech, such as article 318, which criminalises "alienating the public from military service", and article 5816, which contains provisions for "insulting or cursing the memory of Ataturk".

Both of these laws were applied this week against Yasin Yetisgen, editor-in-chief of the newspaper Coban Atesi.

Thank you for your kind attention.

Yours sincerely,

David Dadge
Director