Country of origin information report Turkey March 2007

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15.08 The UK Foreign and Commonwealth Office (FCO) Human Rights Annual Report 2006, released in October 2006, noted that:
“The new Turkish penal code limits the range of circumstances in which people can be convicted for the nonviolent expression of opinion. Both official and NGO figures suggest that the number of prosecutions and convictions under the penal code articles traditionally used against individuals for peaceful expressions of opinion has been falling for several years and has continued to fall since the new code came into force.” [4n] (p136)
Journalists
15.09 Reporters without Borders (RSF) in their 2007 annual report on Freedom of the Press Worldwide –Turkey noted that:
“Press freedom is still restricted by article 301 of the criminal code, which is frequently used against journalists, writers and intellectuals mentioning sensitive topics such as the Armenian massacres and the Kurdish question. Negotiations for Turkish membership of the European Union have focused on the need to change this situation and prime minister Recep Tayyip Erdogan said publicly he wants dialogue about it. At least 65 people, including many journalists and writers, have been prosecuted under article 301 of the new criminal code introduced on 1 June 2005. The article, headed ‘Denigration of Turkishness, the republic and state organs and institutions,’ provides for between six months and three years in prison for anyone who openly denigrates the government, judicial institutions or military or police structures” [11c]
15.10 The RSF 2007 report further stated that:
“Turks are divided on the issue. The EU enlargement commission’s report on 8 November said press freedom must improve and that freedom of expression in line with European standards is not yet guaranteed by the present legal framework (...) Article 301 and other provisions of the Turkish penal code that restrict freedom of expression need to be brought in line with the European Convention of Human Rights (ECHR).

The strong campaign for and against about Turkish EU membership and the award of the Nobel Prize for literature to a writer being prosecuted for his work forced the prime minister to publicly declare support for amending article 301. Several journalists prosecuted under it said they would take their cases to the European Human Rights Court.” [11c]