WiPC 2009 Resolution: Turkey

The Assembly of Delegates of International PEN, meeting at its 75th Congress in Linz, Austria, 19-25 October 2009:

Concerned by the fact that more than 70 writers, journalists and publishers continue to be on trial in Turkey on charges that clearly violate their right to freedom of expression;

Troubled by the existence of numerous laws that allow for the prosecution of writers solely for their writings, among them:

Article 301 - that penalises insult to Turkishness, and which has been amended so as to limit its application, and now requires approval from the Ministry of Justice before cases can proceed. Nevertheless, there remain cases under Article 301 awaiting approval or in process against more than 20 writers and journalists. This Article should be removed from the Penal Code as incompatible with international human rights standards.
Articles 125 and 130 - both penalise defamation and which PEN believes should also be abolished as incompatible with freedom of expression guarantees, as they are frequently those who criticise those in authority;
Article 216 - aimed at writings that "incite enmity" and which has been used against those who have simply commented on issues including on minority rights, and also those that are seen to "denigrate religious values" that has led to the prosecution of those who have alternative views on religion. PEN calls for the amendment of this Article to exclude legitimate commentary from its remit.
Article 288 - that punishes those who attempt to influence the judiciary and which has been applied, for example, against those who have criticised the conduct of court hearings. PEN requests that this article be amended.

Calls on the government in Turkey to initiate a further review of legislation that has been applied against writers, journalists and publishers with the aim of removing all possibility of prosecution and convictions on grounds that contravene the Turkish state's commitments under Article 19 of the International Covenant on Civil and Political Rights, and Article 10 of the European Convention on Human Rights.