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EU steps up pressure for Turkish penal-code reform

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Published 25 September 2006, updated 01 June 2007

The EU welcomed the decision to clear a writer of charges, but insists that Turkey changes its laws to allow greater freedom of expression.

Author Elif Shafak was acquitted of charges on 21 September 2006. The court said there was no evidence that she insulted “Turkishness” in her novel. Shafak's book menioned the mass killing of Armenians during the Ottoman Empire.

Similar cases of trials have raised concerns over the state of freedom of speech in Turkey. Shafak stated that the law was used against people to silence them. The Commission has urged that unjustified claims be dismissed and to acquit those accused.

Commission spokesperson Krisztina Nagy said that the situation would be reflected in the regular progress report on Turkey’s EU accession, to be published on 8 November 2006. 

European Parliament sources say that the delay of the report was due to the unresolved Cyprus issue. The EU Presidency is currently holding intensive talks with Turkey, Cyprus, Greece and other interested parties to try to unblock an EU deal to open direct trade with the Turkish Cypriots and convince Turkey to open its ports and airports to traffic from Cyprus.

Positions: 

Commission  spokesperson Krisztina Nagy said that “the Commission welcomes this recent judgement. This is obviously good news." However, she insisted that article 301 “continues to pose a significant threat to freedom of expression in Turkey and to all those who express a non-violent opinion".

Dutch MEP Joost Lagendijk said on the issue concerning article 301 "the Turkish government has a majority in parliament. This is an issue where they could act. If they don't, it makes it much harder to find a compromise on Cyprus as well, so this has an influence much wider than only freedom of speech. It can influence the negotiation process positively if something happens, and negatively if nothing does." 

British MEP Richard Howitt said that "there are 80 such cases going on at the moment. Most are opened for political reasons. As long as the law remains unchanged, these people will be able to carry on causing mayhem."

Turkish Prime Minister Tayyip Erdogan made clear that he was ready to consider amending a controversial article of the penal code:"Let’s sit down and discuss this. We have to forge a consensus.”

Turkish Justice Minister Cemil Cicek said that the government would first monitor the implementation of the controversial article 301 before considering changing it. 

Next steps: 

The European Parliament is to debate and vote the Eurlings report on Turkey’s accession at the next plenary session in Strasbourg on 26-27 September 2006. The report imposes tough conditions on Turkey. It emphasises outstanding issues, such as the Cyprus issue, the controversial article 301, as well as insufficient progress in the areas of freedom of expression, minority rights, corruption and violence against women.

Background: 

Cases brought against writers in Turkey gave cause for international concern about the so-called Turkishness trials. Turkey had dropped charges against the writer Orhan Pamuk earlier this year, following strong pressure from the EU. The Commission has asked Turkey to remove article 301 of the penal code, which served as a basis for the trials.

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