Bulletin de liaison et d'information - Institut kurde de Paris

Revue de Presse-Press Review-Berhevoka Çapê-Rivista Stampa-Dentro
de la Prensa-Basm Özeti
Turkish Daily News
Sensitivities over 312
Editorial by Ilnur Cevik
March 16, 2000
The Turkish government is once again under pressure, both from outside and
from within the country, to change Article 312 of the penal code and lift the
serious limitations on freedom of speech.
Recently we commented that Turkey did not have the luxury of keeping an
article such as 312 in its penal code and thus restricting freedom of
expression. Just as we were making this comment Justice Minister Hikmet
Sami Turk was telling journalists -Turkey does not have the luxury of
completely scarpping Acticle 312 ... "
Minister Turk called us on Wednesday, as he was travelling out of the city to
the Black Sea- township of Bafra, and explained in detail that Article 312 is not
simply a piece of legislation to silence people but is an anti-sedition law
designed to protect the country. He said: "I am just passing through Corum,
which was the scene of sectarian riots before the 1980 coup which left scores
of people dead. This Article 312 was legislated to prevent such incidents and
preserve the unity of the country."
The minister also explained that some circles in Turkey felt lifting Article 312
would harm the struggle against Islamic fundamentalism. Of course it did not
need great talent to understand that the military leads these "circles."
Minister
Turk had a meeting with Chief of General Staff Gen. Huseyin Kivrikoglu only
recently, and it is obvious the military leader conveyed his reservations about
lifting Article 132. It is also well known that the conservative
establishment in
Turkey feels Article 312 is a safety valve against Kurdish separatism.
All this is fine. People have sensitivities and fears. That is understandable.
But we see very clearly that Article 312 is being used to silence people, rather
than protect the country from sedation.
No one took to the streets and tried to riot after Necmettin Erbakan made his
fiery speech which got him a one year prison sentence. Hasan CelaI Guzel, a
former prominent minister who is serving a prison term after being convicted
on article 312, did not call the people to stage an uprising. All he did was to
criticize the system and he found himself behind bars. Many of the prominent
criters and personalities convicted from article 312 had nopthing to do with
sedation buit they were silenced because this law was being exploited by
those who have very little regard for freedom of expression.
Now Prime Minister Bulent Ecevit has realized this as well as feels the law
should be amended so that it cannot be used as a weapon to silence free
speech. We feel the government has to act fast to wipe out this shame. But
while doing so we also feel the government should see to that that the
opponents of free speech in Turkey do not use other articles in our laws to
silence people. Some Turkish authorities have used other articles in the past
like article 8 of the anti-terrorism law to silence people and had to stop only
after pressures from the West. When that happened they started using article
312 of the penal code.
Let us protect the state and the unity of the country with all our means but let
us do this in a democratic environment and not through trying to silence
people.
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