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Turkey legalizes the Denial of the Armenian Genocide - 3rd Part -

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  • Turkey legalizes the Denial of the Armenian Genocide - 3rd Part -

    Newropeans Magazine
    June 8 2005

    Turkey legalizes the Denial of the Armenian Genocide - 3rd Part -

    Written by Houry Mayissian
    Wednesday, 08 June 2005

    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.

    On 4th October 2004, the office of US Congressman Frank Pallone
    (D-NJ), who also is the co-chairman of the Congressional Caucus on
    Armenian Issues, informed in a press release that the congressman had
    urged the State Department to condemn article 305 of the Penal Code
    (1). The congressman wrote a letter to the Secretary of State, Colin
    Powell, urging him to condemn the article and pointing out that its
    adoption is `an imprudent step on the part of a nation that is
    desperately trying to establish an image of having a free and
    democratic society.'


    Given that the new penal code was adopted by demands from the
    European Union and considered `one of the key elements in the
    country's bid to start membership negotiations with the European
    Union'(2), The European Union also made references to article 305 in
    several reports on Turkey's membership.


    On 30th November 2004, the Foreign Affairs Committee of the European
    Parliament adopted a proposal for a resolution on the `2004 regular
    report and the recommendation of the European Commission on Turkey's
    progress towards accession'. In its report the Foreign Affairs
    Committee adopted an amendment welcoming the reform of criminal
    procedure, but considered that `article 305 of the new Turkish penal
    code which sanctions alleged `threats to fundamental national
    interests' and the explanatory statement of which targets freedom of
    expression, in particular related to the Cyprus and Armenia issues,
    is incompatible with the 1950 Convention for the Protection of Human
    Rights and Fundamental Freedoms.'(3) The Committee called for the
    repeal of the article. In December, prior to the European Union
    summit that would give the green light for accession talks with
    Turkey, the European Parliament adopted the parliamentary report on
    Turkey's progress toward accession. In its report, the Parliament
    included the amendment mentioned above (4).


    The OSCE representative on Freedom of the Media Haraszti, described
    article 305 in his May 2005 review as a de facto censorship
    provision, given that it can be used to punish any speech that is not
    in conformity with the views of the Government on the issues listed
    in paragraph 4 (5). Referring to the clause about receiving benefits
    for spreading propaganda, Haraszti pointed out that the article does
    not `exclude any interpretation of journalistic salaries as pecuniary
    benefits for spreading propaganda.' (5)


    The article was also criticized by Reporters Sans Frontières (RSF),
    the Writers in Prison Committee (WiPC) of International PEN, the
    International Publishers Association (IPA) and Amnesty International.
    RSF considered that article 305 `specifically targets freedom of
    expression' (6). The IPA sent letters to the EU Dutch presidency,
    Romano Prodi (then president of the European Commission) and
    Jose-Manuel Barroso, its new president, calling on them to urge the
    Turkish Government to abandon the criminalization of the recognition
    of the Armenian Genocide (7). IPA considered the article a move that
    jeopardizes freedom of expression and the freedom to publish. IPA and
    PEN issued in December a joint guide entitled `New Turkish Penal
    Code: A Long Way to Freedom of Expression'. In the guide, the
    organizations called for the repealing of the explanatory report of
    article 305 that includes the examples on the Armenian Genocide and
    the withdrawal of Turkish troops from Cyprus. The organizations
    pointed out:


    `Allegations of genocide against Armenians and Kurds' is a ground
    that is sometimes brought against writers and publishers. This was
    for instance the case of publisher Ali Varis and writer Mamo Bayram
    for the book entitled: `Kocgiri - Northwest Dersim'. This book was
    banned. Mr. Varis faced the risk of imprisonment. We are not sure
    whether the case is still pending or not. However, Article 305 of the
    New Turkish Penal Code will provide prosecutors with a new legal
    device to prevent an open and democratic debate from taking place in
    Turkey on two fundamental issues: the Armenian Genocide and the
    presence (occupation) of Turkish troops in Cyprus(8).Part l 4th Part


    Amnesty International issued an action alert on May 13 considering
    that the imposing of criminal penalty for statements that acknowledge
    the Armenian Genocide as a historical fact or call for the withdrawal
    of Turkish troops from Cyprus `would be a clear breach of
    international standards safeguarding freedom of expression.' (9)


    (1) Pallone urges state department to condemn new Turkish Penal Code
    punishing Turks who object to government's policy toward Armenia &
    Cyprus. Retrieved 14-12-2004.

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


    (3) Turkey: The Foreign Affairs Committee against the European
    Parliament. Retrieved 02-01-2005.

    (4) European Parliament calls on Turkey to explicitly recognize the
    Armenian Genocide. Retrieved 02-01-2005.

    (5) Haraszti, M. Review of the Draft Turkish Penal Code: Freedom of
    Media Concerns. Retrieved 19-05-2005.

    (6) Turkey still far from European standards of Press Freedom.
    Retrieved 02-01-2005.

    (7) IPA calls for amendment to Penal Code to allow for free
    expression on Armenian genocide. Retrieved 02-01-2005.

    (8) New Turkish Penal Code: A long way to freedom of expression.
    Retrieved 02-01-2005.

    (9) Turkey: Freedom of expression/torture/prisoners of conscience.
    Retrieved 19-05-2005.
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