Amnesty International released a 38 page report on the freedom of expression in Turkey today, underlining a series of articles in Turkish Penal Code and Anti-Terror Act that potentially violated the freedom of expression.
“The right to freedom of expression is under attack in Turkey. Hundreds of abusive prosecutions are brought against activists, journalists, writers and lawyers. It is one of Turkey’s most entrenched human rights problems,” said John Dalhuisen, Amnesty International’s Director for Europe and Central Asia.
The report highlighted that there have been an increasingly arbitrary use of anti-terrorism laws to prosecute legitimate activities in the recent years in Turkey.
The reforms – called the “Fourth Judicial Package” – fail to make the necessary legislative amendments to bring national law in line with international human rights standards, the report concluded.
* The report included chapters dedicated to the current practice and abuses of the following legislations in Turkey: Article 301: Denigration of the Turkish nation, Article 318: Alienating the public from military service, Article 125: Defamation, Article 215: Praising a crime or a criminal, Article 216: Incitement to hatred or hostility, Article 314: Membership of a terrorist organization, Article 220/6: Committing a crime in the name of a terrorist organization, Article 220/7: Assisting a terrorist organization, Article 7/2: Making propaganda for a terrorist organization, Article 6/2: Printing or publishing of declarations or statements of terrorist organizations.
* The report also cited several ongoing trials in Turkey, including against Temel Demirer, Halil Savda, Yasemin Çongar, Selçuk Kozağaçlı, Yalçın Küçük, Mehmet Bozkurt, Selim Sadak, Hatip Dicle, Levet Yılmaz Fazıl Say, Büşra Ersanlı, Ragıp Zarakolu, Sultani Acıbuca, Vedat Kurşun, Ahmet Şık, Nedim Şener, Aydın Budak and Ziya Çiçekçi.
Some of the recommendations to the Turkish government included:
* Repeal Penal Code Articles 301, 318, 215, 216 (paragraphs 2 and 3).
* Amend the definition of terrorism Article 1 of the Anti-Terrorism Law so as to bring it in line with the definition proposed by the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.
* Repeal Article 220/6 of the Penal Code (Committing a crime in the name of an organization).
* Repeal Article 6/2 of the Anti-Terrorism Law (Printing or publishing declarations/statements of a terrorist organization).
* Amend Article 7/2 of the Anti-Terrorism Law (Making propaganda for a terrorist organization) so as to ensure that it only prohibits advocacy of incitement to violence.
* Adopt guidelines for prosecutors on the application of Article 220/7 of the Penal Code that set out clear criteria for when assisting an armed group can be criminalized, including the requirement that such assistance must either in and of itself be a recognizable criminal offense, or be directly linked to the planning or commission of one.
* Amend Article 26 of the Constitution so as to ensure that the permissible grounds for restricting the right to the freedom of expression are consistent with international human rights standards. (EA/BM)
