Newropeans Magazine
June 10 2005
Turkey legalizes the Denial of the Armenian Genocide - 5th Part -
Written by Houry Mayissian
Friday, 10 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.
The Clear and Present Danger test, as it is called, was first
proposed in 1919 by Justice Oliver Wendell Holmes Jr. in his
interpretations of the First Amendment of the United States'
Constitution (1). In order to determine whether the speech at hand is
constitutional, `the Clear and Present Danger test asked not whether
the words had a bad tendency but rather `whether the words used are
used in such circumstances and are of such a nature as to create
clear and present danger that they will bring about the substantive
evils that Congress has a right to prevent'' (1)
Advocates of this theory of freedom of expression believe that it is
`the best available judicial test for striking a proper balance
between protection of the marketplace of ideas and the need to
protect the national security and the publics order.'(2) The
opponents to this theory, on the other hand, argue that the test is
`open to widely varying interpretations' and provides `little or no
protection to radical speech in times of political stress' (2). While
this argument makes a logical point, I personally believe, that if
exercised with care, the above test would be efficient in both
securing freedom of expression to the citizens of a country and
protecting its national security, especially in times of war.
Although the Clear and Present Danger test is an interpretation of
the First Amendment of the US Constitution, it can be applied to
other countries as a means of regulating government intervention in
the right to freedom of expression. Furthermore, using this test in
the case of article 305 is appropriate, because the article itself is
based on the need to protect `fundamental national interests'. Thus,
based on this concept, article 305 would have been justifiable if
recognition of the Armenian Genocide truly constituted a `clear and
present danger' for Turkey. Not only the recognition of the Armenian
Genocide constitutes no such danger to Turkey, its denial threatens
one of the country's basic national interests as announced by Turkey
itself: its membership to the European Union. Recent developments
show that the recognition of the Armenian Genocide by Turkey will be
one of the issues on the agenda of accession talks. In fact, French
Foreign Minister Michel Barnier told the French RTL radio in December
that France will include the issue of the Armenian Genocide in the
accession talks that are due to start with Turkey in October 2005
(3). Barnier repeated his statement on a number of different
occasion, the latest being in May (4). Similar statements by other EU
officials and member countries indicate that denial of the Armenian
Genocide might in fact become a headache, causing more danger to
Turkey, than its recognition.
In conclusion, the adoption of article 305 of the Turkish Penal Code
has no justification; the argument that recognition of the Armenian
Genocide is a threat against national interests has no basis. In
addition, the article contains serious shortcomings that might lead
to its abuse by the government. The article has been criticized by
the European Parliament and Commission, as well as a number of
non-governmental organizations and has been regarded as an
infringement on freedom of expression. The article is not the only
attempt by the Turkish Government to deny the Armenian Genocide, but
its significance lies in the fact that it legalizes this denial.
Finally, the article violates the European Convention for the
Protection of Human Rights, a document Turkey has ratified and is
obliged to respect. For all the above reasons, the explanatory report
citing the Armenian Genocide example (this paper has not dealt with
the Cyprus issue) should be deleted.
(1) Kersch, K. I. (2003). Freedom Of Speech: Rights and Liberties
Under The Law. California: ABC-CLIO(2) Cohen, J. & Gleason, T. W.
(1990). Social Research in Communication And Law. California: Sage
Publications
(3) France to Include `Armenian Genocide' in Turkey's EU bid talks:
FM. Retrieved 19-01-2005.
(4) www.panarmenian.net
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- harassing
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- obscene
You also may not:
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- post any copyrighted material unless the copyright is owned by you or cited properly.
- post in UPPER CASE, which is considered yelling
- post messages which insult the Armenians, Armenian culture, traditions, etc
- post racist or other intentionally insensitive material that insults or attacks another culture (including Turks)
The Ankap thread is excluded from the strict rules because that place is more relaxed and you can vent and engage in light insults and humor. Notice it's not a blank ticket, but just a place to vent. If you go into the Ankap thread, you enter at your own risk of being clowned on.
What you PROBABLY SHOULD NOT post...
Do not post information that you will regret putting out in public. This site comes up on Google, is cached, and all of that, so be aware of that as you post. Do not ask the staff to go through and delete things that you regret making available on the web for all to see because we will not do it. Think before you post!
2] Use descriptive subject lines & research your post. This means use the SEARCH.
This reduces the chances of double-posting and it also makes it easier for people to see what they do/don't want to read. Using the search function will identify existing threads on the topic so we do not have multiple threads on the same topic.
3] Keep the focus.
Each forum has a focus on a certain topic. Questions outside the scope of a certain forum will either be moved to the appropriate forum, closed, or simply be deleted. Please post your topic in the most appropriate forum. Users that keep doing this will be warned, then banned.
4] Behave as you would in a public location.
This forum is no different than a public place. Behave yourself and act like a decent human being (i.e. be respectful). If you're unable to do so, you're not welcome here and will be made to leave.
5] Respect the authority of moderators/admins.
Public discussions of moderator/admin actions are not allowed on the forum. It is also prohibited to protest moderator actions in titles, avatars, and signatures. If you don't like something that a moderator did, PM or email the moderator and try your best to resolve the problem or difference in private.
6] Promotion of sites or products is not permitted.
Advertisements are not allowed in this venue. No blatant advertising or solicitations of or for business is prohibited.
This includes, but not limited to, personal resumes and links to products or
services with which the poster is affiliated, whether or not a fee is charged
for the product or service. Spamming, in which a user posts the same message repeatedly, is also prohibited.
7] We retain the right to remove any posts and/or Members for any reason, without prior notice.
- PLEASE READ -
Members are welcome to read posts and though we encourage your active participation in the forum, it is not required. If you do participate by posting, however, we expect that on the whole you contribute something to the forum. This means that the bulk of your posts should not be in "fun" threads (e.g. Ankap, Keep & Kill, This or That, etc.). Further, while occasionally it is appropriate to simply voice your agreement or approval, not all of your posts should be of this variety: "LOL Member213!" "I agree."
If it is evident that a member is simply posting for the sake of posting, they will be removed.
8] These Rules & Guidelines may be amended at any time. (last update September 17, 2009)
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Turkey legalizes the Denial of the Armenian Genocide - 5th Part -
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