Ahmet Davutoğlu, Minister of Foreign Affairs, recently announced to work on necessary legal amendments in order to avoid trials on freedom of expression at the European Court of Human Rights (ECHR). He said that the according study was to be forwarded to the Council of Ministers.
In fact, this kind of study has been already done. In January 2007, the Turkish Human Rights Foundation (TİHV) made a list of laws and articles that restrict freedom of expression. This happened during a time when the government had the amendment of the controversial article 301 of the Turkish Criminal Law (TCK) on their agenda after the assassination of Turkish-Armenian journalist Hrant Dink. Article 301 bans insults to the Turkish state. This study was sent to Prime Minister Recep Tayyip Erdoğan by Yavuz Özen, then President of the TİHV.
Not only the TCK
In this study, the TİHV counted at least 14 articles of the Criminal Law that restrict freedom of expression. In addition, they drew attention to restrictions of freedom of expression in the following laws: the Anti-Terror Law, the Law on Crimes against Atatürk, the Press Law and the Law of the Radio Television Supreme Council (RTÜK). This list is also included in the 2007 Report on Human Rights in Turkey issued by the TİHV.
Not only the laws
In his letter to the Prime Minister, Önen emphasized that restrictions of freedom of expression are not only caused by certain laws but also by procedures of the government. He stressed that everybody within the society and the government should follow an approach in line with human rights and democracy.
Restrictions of freedom of expression in the TCK
The TİHV listed the following articles of the TCK that restrict freedom of expression:
Article 84: Enthusing, encouraging or strengthening the committing suicide decision of others or the ones who, in some way, help the others to commit suicide.
Article 125: Undermining the honour, dignity and respectability of a person; defamation of a public official.
Article 132: Violation of confidentiality of communications
Article 134: Violations of Privacy
Article 215: Praising a crime and a criminal
Article 216: Inciting hatred and hostility amongst the public and humiliation of the public.
Article 218: Crimes opposing the public peace committed through the media.
Article 285: Violation of confidentiality related to the secrecy of investigations
Article 286: Unauthorized audiovisual recordings during an investigation or prosecution.
Article 288: The attempt at affecting a fair judicial process.
Article 299: Insulting the President of the Republic.
Article 301: Insulting the Turkish People, Republic of Turkey and Governmental Institutions and Bodies.
Article 305: Acts against the fundamental national interest.
Article 318: Discouraging people from performing military service. (TK/VK)
