Two More Cases Under Article 301

Public prosecutors in Mersin and Istanbul have launched two new cases against rights activists under the controversial article 301 of Turkey’s new Penal Code as the European Union geared up to reveal its new Advancement Report on the country on November 8.

The charges against Mersin 78s Association Chairman Ethem Dincer and Free Opinion and Education Rights Association (Ozgur Der) Istanbul member Bahadir Kurbanoglu came only days before this Monday’s visit to Ankara by EU Expansion Commissioner Olli Rehn.

The visit, scheduled before the advancement report is announced, was expected to focus on many current issues including the influence of the armed forces on politics, the issue of Cyprus and Turkey’s pledge to continue its democratization process – part of which includes public pressure to amend or abolish article 301.

301 cases against Dincer and Kurbanoglu

The public prosecutor’s office of Mersin has filed charges against Mersin 78s Association Chairman Dincer accusing him of “enticing hatred and enmity among the people” and “denigration of the Turkish Republic Government and the institutions of the state”.

Subject to the charges where the prosecution demands 5 years imprisonment for Dincer is a press statement he read under the title “Open the file of the May 1, 1977 massacre”. He faces jail if found guilty under articles 216/1, 301/2 and 53/1 of the Penal Code.

Dincer’s hearing is listed to be heard in Mersin on December 15.

Another victim of 301 in the recent days is Ozgur Der member Kurbanoglu who miles away, in Istanbul, is being held responsible for a speech he made on April 22 this year.

Addressing the public in an Ozgur-Der gathering at the Fatih Sarachane Park, Kurbanoglu, a writer for the Haksoz magazine, was charged for his remarks relating to the dismissal from duty of Van prosecutor Ferhat Sarikaya on a decision taken by the Supreme Board of Judges and Prosecutors.

Kurbanoglu is to appear before a court on October 3, Tuesday.

In a statement issued by the Paris-based Reporters Without Frontiers (RSF) last week, similar cases launched against "Batman Ekspress" newspaper journalists Mehmet Sah Ayaz and Murat Ayaz as well as against journalists Hrant Dink, Serkis Seropyan and Arat Dink under article 301 were criticized.

What is Article 301?

Article 301, on the denigration of “Turkishness”, the Republic, and the foundation and institutions of the State, was introduced with the legislative reforms of 1 June 2005 and replaced the controversial Article 159 of the previous penal code. It 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 criticize shall not constitute a crime."(EO/II/YE)