EXPERT: AMENDED ARTICLE 301 WON’T EASE PRESSURE ON TURKEY

Making amendments to article 301, which had for a long time been a “stumbling block” for freedom of expression in Turkey, testified that the country has moved towards the standards of the European democracy, but it may be insufficient step in light of the European Union. “The new law is certainly an improvement over the previous one, which has been heavily criticized internationally. However, in the minds of many observers it still does not go far enough,” English political analyst, Professor of Kingston University James Ker-Lindsay said. “There is a general feeling that a law of this kind has no real place in a modern, European democracy.” “People will still face a very real threat of prosecution for raising issues that many feel can only be addressed through frank and open discussion in society. In this sense, the amendment falls short of the democratic standards Turkey should really be trying to meet,” he said. According to him, there is no doubt that many in Europe will welcome the amendments. “However, it will not be seen as a major change for the better. Instead, it will be regarded as just another small step towards democratization,” he remarked. “I fully expect that in a few years, the Turkish Government will come under pressure to repeal the article altogether. However, at this stage there is a feeling that all progress, no matter how small, should be welcomed. In this sense, I don’t think that the amendment will have any major effect on Turkish-EU relations, nor will it be enough to ease the general feeling in Europe that Turkey needs to make significant changes to its political system if it ants to join the EU. All-in-all, it is a welcome move. However, I don’t think that it will end the pressure on Turkey on this issue,” Prof. Ker-Lindsay said, Trend Azeri news agency reports. The Turkish parliament Wednesday passed a long-awaited amendment to a law penalizing insults to "Turkishness" that has drawn strong EU criticism as a threat to free speech in the country. The amendment, softening article 301 of the penal code, was adopted with the support of 250 MPs in the 550-member house at the end of an eight-hour debate that started Tuesday afternoon and continued throughout the night amid fierce opposition from nationalist deputies. Under the amendment, "Turkishness" - a term criticized as too broad and vague - was replaced with the "Turkish nation" and the envisaged jail term decreased from three to two years, allowing the sentence to be suspended or converted to a fine. In a bid to make trials under the law more difficult, the provision now requires the justice minister’s approval before prosecutors can launch cases. Also, a section that called for increased sanctions for such crimes committed abroad was removed from the law.

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