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Turkey legalizes the Denial of the Armenian Genocide - 1st Part -

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  • Turkey legalizes the Denial of the Armenian Genocide - 1st Part -

    Newropeans Magazine
    June 6 2005

    Turkey legalizes the Denial of the Armenian Genocide - 1st Part -

    Written by Houry Mayissian



    90 years have passed since Ottoman Turkey committed genocide against
    its Christian Armenian subjects in 1915. Although several parliaments
    have recognized the Armenian Genocide and many historians have
    established that it is a historical fact, the Turkish government
    still refuses to acknowledge it. It has, in the past 90 years,
    implemented several methods to deny the genocide ever happened. The
    latest of these measures was the recent criminalization of the
    acknowledgement of the Armenian Genocide in the new Turkish Penal
    Code, which took effect on June 1.



    As part of the several reforms it adopted during the last few years,
    Turkey devised a new Penal Code in September 2004. The adoption of
    the code came after much debate and a bitter row between Turkey and
    the European Union over a controversial article criminalizing
    adultery*. It was a must for Ankara to adopt a new code: the European
    Commission threatened that it would advise EU leaders not to start
    accession talks with Turkey unless it adopts the new code**. The code
    was adopted without the article criminalizing adultery, and the
    European Commission welcomed the move*.


    Another controversial article, however, article 305* did not receive
    much attention and was adopted as part of the Penal Code. The article
    `threatens authors with jail sentences over statements that are
    construed by government officials to undermine Turkish `national
    interests'', and its explanatory report mentions as examples of such
    statements recognition of the Armenian Genocide and calls for the
    withdrawal of the Turkish Army from Cyprus***.


    The full text of article 305 is as follows:


    Action against the fundamental national interests


    Article 305


    1) A citizen who either directly or indirectly accepts from a
    foreign individual or organization pecuniary benefits for himself or
    for another person in return for engaging in activities against
    fundamental national interests or for that reason shall be sentenced
    to imprisonment for a term of three to ten years[...]. The same penalty
    shall be imposed on the person who provides the benefit or makes the
    promise.


    2) If the act is committed during wartime or benefit has been
    given or promised in order to spread propaganda through the medium of
    the press and media, the penalty shall be increased by half.


    3) Except in cases where the act is committed during wartime,
    the prosecution of the offence shall be subject to the authorization
    of the Minister of Justice.


    4) Within the meaning of the present article, fundamental
    national interests shall mean independence, territorial integrity,
    national security and the fundamental qualities defined in the
    Constitution of the Republic.****


    The explanatory report of the article clarifies that `the article
    protects, in general, the fundamental national interests and punishes
    those who acquire benefit by making actions against them'*****. The
    explanatory report also illustrates each paragraph of the article and
    gives further explanations on how they should be interpreted. The
    interpretation of the second paragraph of the article is as follows:


    `Furthermore, according to this paragraph in case money or benefit or
    promises have been accepted for conducting propaganda via
    publications and the Media, the penalty will be increased. For
    example such as the conducting of propaganda via publications and the
    Media, by accepting money or benefit or promises for the withdrawal
    of the Turkish troops from Cyprus, or for accepting a solution that
    is against Turkey on this issue, or for the genocide of the Armenians
    at the end of World War I, aimed only at harming Turkey, contrary to
    the historical realities.'*****


    Therefore, the article proposes punishments for those who
    specifically conduct `propaganda' in the media and other publications
    for the withdrawal of the Turkish army from Cyprus and recognition of
    the Armenian Genocide `by accepting money or benefit or promises'.
    Furthermore, the article dismisses affirmation of the Armenian
    Genocide as propaganda and legalizes its denial, by claiming that
    such statements are `aimed only at harming Turkey' and are `contrary
    to the historical realities'.


    Current Status of Article 305


    The new Turkish Penal Code was supposed to enter into force on 1
    April 2005, but in the face of fierce objections to it by Turkish
    journalists, lawmakers agreed to postpone its implementation till
    June in order to introduce certain amendments (6). It seems, however,
    that some of the amendments Turkish lawmakers adopted aims "to
    introduce even greater restriction." (6)


    In fact, the correspondent of Irish Times in Istanbul reported on May
    5 that just hours before a revised draft of the penal code was
    presented to the parliament, three MPs succeeded in extending the
    remit of article 305, initially applicable only to Turkish citizens,
    to include "foreigners in Turkey."(7) Amnesty International issued an
    action alert on May 13, expressing concern that the new version of
    the Turkish Penal Code "may be used to unnecessarily restrict the
    freedom of expression." (6) Amnesty International cited article 305
    as well as the amendment proposed to it as examples of breaches of
    freedom of expression.


    Just days before the law was supposed to take effect on June 1, the
    Turkish parliament introduced amendments in response to wide
    criticism by the media. Some clauses restricting media freedom were
    amended, but there are still restrictions that will raise eyebrows in
    Western Europe: criticizing some state institutions is still a
    criminal offence, as is publishing material deemed "contrary to
    fundamental national interests" - such as suggesting that the
    killings of Armenians in World War I was a genocide.'(8)


    The Turkish Penal Code thus entered into force on June 1. It is
    notable, however, that the code entered into force in its original
    version, as President Ahmet Necdet Sezer has not yet approved the
    last-minute amendments.(9)


    (1) Lungescu, O. Turkey's quest to join Europe. Retrieved 01-01-2005.

    (2) EU demands new Turkish Penal Code. Retrieved 01-01-2005.
    (3) The new Turkish Penal Code would criminalize recognition of the
    Armenian Genocide. Retrieved 01-01-2005. Some of the initial reports
    called the article "article 305". Later it was established that the
    number of the article is 305. The number 305 is used in this paper
    throughout.
    (4)Haraszti, M. Review of the Draft Turkish Penal Code: Freedom of
    Media Concerns. Retrieved 19-05-2005.
    (5) Criminalization by Turkey of the Affirmation of the Armenian
    Genocide and of the request for a withdrawal of the Turkish troops
    from Cyprus. Retrieved 01-01-2005.
    (6) Turkey: Freedom of expression/torture/prisoners of conscience.
    Retrieved 19-05-2005.
    (7) Birch, n. Turkey extends ban on alluding to genocide. Retrieved
    19-05-2005.
    (8) Dymond, J. Turkey adopts Penal Code reforms. Retrieved
    27/05-2005.
    (9) EU-sought penal code takes effect in Turkey despite criticism.
    Retrieved 02-06-2005.
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