21 September 2006

Dateline Istanbul

This should never have gone to trial and an acquital is not sufficient but at least the result is favourable. Elif Shafak, a novelist accused of "insulting Turkish national identity" has been acquitted in Istanbul. The trial, which lasted only 40 minutes, "ended in chaos" according to the BBC.

Ms. Shafak is the latest of a number of writers who have been accused under something called Article 301 of the Turkish Penal Code which prohibits

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.

This would seem to be in direct contravention of the portions of European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the International Covenant on Civil and Political Rights (ICCPR) which protect the fundamental right of free expression. Turkey is a signatory and state party to both of the above.

Elimination of this from of Turkish law must be a necessary prerequisite to any discussions on entry to the EU.

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