INTERNATIONAL PEN
Writers in Prison Committee

If not now, when?
TURKEY: A Nation at the Crossroads

Laws affecting Freedom of Expression

On 6 February 2002, Law No. 4744 - the 'Mini-Democracy Package' - was adopted by the Turkish government. This changed some of the laws that had previously seriously curtailed freedom of expression, but the changes were not always positive. Many of the laws are still being modified. The Human Rights Association of Turkey, evaluating the first three months of 2003, recently concluded that these amendments were 'partial' and their piecemeal nature still rendered the 'constitutional and legal system of Turkey' not fully democratic. It called for 'radical democratic change and transformation'.

The association in particular reported that certain radio and TV stations had been subjected to 180-day suspension orders, that journals had been temporarily closed down, and that fresh cases against individuals for having 'expressed their thoughts' numbered 50. It cited the Anti-Terror legislation along with Articles 312 and 159 of the Turkish Penal Code as continuing to give rise to many unjust prosecutions.

The culprit laws cited by the Turkish Human Rights Association outlaw the following activities, in vague, over-broad language:

  • Producing 'separatist propaganda': Turkey's Anti-Terror legislation, specifically Article 8, remains a major stumbling block for any writers wishing to explore the issue of Turkey's ethnic minorities. Support for the Kurds, particularly if using words such as 'Kurdistan' can result in imprisonment for 'separatist propaganda'.

  • 'Incitement to hatred on the basis of class, religion or race' if such incitement endangers the 'public order', or 'insulting a segment of the population or people's honor': Article 312.2 of the Turkish Penal Code has again been used against those writing about Turkey's ethnic minorities.

  • 'Insulting the Turkish nation': Article 159 of the Turkish Penal Code prohibits statements deemed insulting to the State or its organs - whether the military, the judiciary, or government offices. Those criticizing alleged human rights abuses committed by the army, or critiquing the legal system, can find themselves on the wrong side of this law.

More information on the campaign and how you can take action can be accessed by clicking on the links below.

Please contact ftw@pen.org if you have any questions.

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