Identifier
Created
Classification
Origin
06ANKARA5711
2006-10-02 09:43:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

TURKISH GOVERNMENT FACING MOUNTING PRESSURE TO

Tags:  PGOV PREL PHUM OSCE TU 
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FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC PRIORITY 9109
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEAIIA/CIA WASHDC
RUEKDAI/DIA WASHDC
RUEKJCS/JOINT STAFF WASHDC//J-3/J-5//
RUEKJCS/SECDEF WASHINGTON DC
RUEUITH/TLO ANKARA TU
RUEUITH/ODC ANKARA TU//TCH//
RHEHAAA/NSC WASHDC
RUEHAK/USDAO ANKARA TU
RHMFISS/CDR USEUCOM VAIHINGEN GE
C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 005711 

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/26/2016
TAGS: PGOV PREL PHUM OSCE TU
SUBJECT: TURKISH GOVERNMENT FACING MOUNTING PRESSURE TO
REVISE ARTICLE 301

REF: ISTANBUL 1717

Classified By: CDA Nancy McEldowney for reasons 1.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 005711

SIPDIS

SIPDIS

E.O. 12958: DECL: 09/26/2016
TAGS: PGOV PREL PHUM OSCE TU
SUBJECT: TURKISH GOVERNMENT FACING MOUNTING PRESSURE TO
REVISE ARTICLE 301

REF: ISTANBUL 1717

Classified By: CDA Nancy McEldowney for reasons 1.4 (b) and (d)


1. (C) Summary. Pressure from the US, the EU, the Turkish
press and several recent high profile cases is forcing the
GOT to consider reform of controversial Penal Code Article
301, which restricts free expression. The ruling Justice and
Development party (AKP) had hoped to avoid addressing the
highly charged issue until after the 2007 elections. But the
beating Turkey's democratic image is taking for limiting free
speech to protect "Turkishness" has pushed reform on to the
public and poltical agenda, particularly in the lead-up to
the November 8 release of the EU's progress report on
Turkey's accession process.


2. (C) Summary cont. Despite PM Erdogan's public claims that
the AKP is ready to tackle this thorny issue, the message
we're hearing privately from senior administration officials
is more cautious. In separate meetings with the Deputy Prime
Minister and at the MFA, the Ambassador and DCM each strongly
urged the government to take action on Article 301 now and
demonstrate Turkey's firm commitment to freedom of
expression. AKP assurances that Article 301 reform is on the
agenda may be real, or just promises meant to defuse the
issue prior to the PM's October 2 with President Bush. They
have not yet taken any concrete action, and have very little
time to organize for what promises to be a tough fight
against an opposition primed for battle. We will continue to
press the GOT to keep genuine reform of Article 301 on the
agenda -- a message Erdogan should hear from Washington as
well. End summary.

--------------
Article 301: Poisoning Turkey's Image
--------------


3. (U) Article 301, which took effect in June 2005, states
that "a person who explicitly insults being a Turk, the
Republic, or Turkish Grand National Assembly, shall be given
a penalty of imprisonment for a term of six months to three
years." Ultranationalists, such as attorney Kemal Kerincsiz,
have exploited the provision to hinder free-speech on

controversial topics such as Turkish-Armenian history, and to
derail Turkey's EU bid. Once a 301 case is filed,
prosecutors are obligated to conduct a preliminary
investigation before deciding to pursue a case. The
resulting high-profile investigations, which often do not
lead to a full trial, have badly tarnished Turkey's
democratic image internationally. The negative reactions in
western capitals to the article's clampdown on free
expression have furthered the ultranationalist agenda of
torpedoing further reforms linked to Turkey's EU membership
bid.


4. (U) The most recent case to set off the Article 301 reform
debate was the September 21 acquittal of well-known author
Elif Shafak for dialogue that allegedly insulted Turkishness
in her latest novel (reftel). In the most notorious case,
novelist Orhan Pamuk was charged in June 2005 with "insulting
Turkish identity" for his statement during an interview that
1 million Armenians and 30,000 Kurds had been killed in
Turkey. The trial court ultimately dismissed the case on
procedural grounds. Other high-profile cases include the
conviction and suspended 6-month sentence of publisher Hrant
Dink (who was recently charged again under 301).


5. (U) Although defendants in high-profile cases have often
been acquitted or had their sentences suspended, many
lesser-known writers have been convicted under the law.
According to the Turkish Human Rights Association, 82
writers, publishers, journalists, and intellectuals appeared
in courts on charges related to freedom of expression (though
not all were brought under Article 301) in the past year.
The Human Rights Common Platform puts the number at 100.
According to local press, 16 cases have resulted in
conviction, 19 have resulted in acquittal, and 20 are
ongoing. Sentences have ranged from fines of approximately
$3,000 USD to one year in prison.

--------------
Pressure to Reform Article 301 Builds

ANKARA 00005711 002 OF 003


--------------


6. (SBU) The continuing use of Article 301 has raised serious
doubts in Europe that Turkey is committed to freedom of
expression. The EU Parliament, in its September 27 annual
report on Turkey, called on Turkey to abolish or amend
Article 301 and any other Penal Code provisions that allow
for arbitrary interpretations by judges and prosecutors
leading to judgments that suppress free expression and
freedom of the press. The report labeled these as threats to
human rights and freedoms that negatively affect the progress
of democracy. Turkish-EU joint parliamentary committee
chairman Joost Lagendijk recently told us that because
Article 301 cases make the front pages of many European
newspapers, they have a powerful effect on public opinion.
"Article 301 cases remind me of Eastern Europe pre-1989,"
said Lagendijk.


7. (U) During Elif Shafak's trial, editorials in nearly every
major Turkish newspaper criticized the prosecutor's use of
the article or called for outright repeal. The quantity and
content of these articles added to already strong pressure on
the GOT from the U.S., the EU and international media to
reform Article 301. National daily Milliyet summed up the
mood by questioning how any logical person could hold a
writer accountable for a fictional character's words.
Milliyet compared the use of Article 301 to a witch hunt, and
said those who viewed Shafak's book as an insult to
Turkishness were themselves insulting the Turkish nation.

--------------
AKP Split on Tackling Article 301 Reform
--------------


8. (C) At the highest level, AKP party and government
officials appear to have recognized they can no longer delay
on amending Article 301. As the press began to question the
AKP's commitment to EU membership because of its
unwillingness to take action to protect free expression, PM
Erdogan and FM Gul began to indicate amendments were
possible. Welcoming Elif Shafak's acquittal, Erdogan told
the press, "This issue should be discussed with the
government and the opposition....If there are proposals for
making abstract things more concrete, we can ask our
colleagues to work on it as we did in the past for other
issues. We are ready to do that anytime." In a September 27
meeting, MFA Deputy Undersecretary Ertugrul Apakan told the
DCM that the PM decided with his cabinet ministers that they
must tackle Article 301 now, before the EU Commission
progress report is released November 8. "We (GOT) will do
it" (i.e. pass an amendment to the article),Apakan stated.
AKP Whips Sabdullah Ergin and Salih Kapusuz, as well as AKP
Vice Chair Dengir Mir Firat, also told us recently that the
GOT is working on a way to amend the article.


9. (C) Not everyone is onboard with the PM's action plan,
however. Deputy Prime Minister Mehmet Sahin, who has
steadfastly maintained that amending 301 is not on the AKP's
agenda, told the Ambassador on September 27 that the
government wants to allow the case law to develop on what he
called a very new law. Sahin claimed that prosecutors and
judges are applying Article 301 with greater regard for free
expression, and added that the Court of Appeals is preparing
a common decision that would help standardize the article's
enforcement. The Ambassador stressed that the Article 301
cases are poisoning Turkey's image in the US and the
international press. He urged the government to take action
soon to reverse this impression, at the very least by
clarifying how it is to be applied. Freedom of expression is
a fundamental democratic principle that must be protected, he
emphasized.


10. (C) High-level Ministry of Justice officials echoed
Sahin's lack of enthusiasm for reforming Article 301 any time
soon. Justice Minister Cemil Cicek continues to state
publicly that the judiciary needs more time to interpret the
law and establish judicial precedent. Ministry of Justice
Foreign Relations Director Aykut Kilic told us there is no
legally valid reason to change the law before the Grand
Chamber of the Supreme Court has an opportunity to interpret
it. Kilic accused the government of bowing to political
pressure.

ANKARA 00005711 003 OF 003




11. (C) CHP deputies are not united on Article 301 either.
Some acknowledge the difficulty of balancing freedom of
expression and protection from insult, and might even
acknowledge that 301 should be changed. Others express
contempt for defendants like Orhan Pamuk, who (one deputy
claimed) "started it (sic) for the sake of being popular."
The party,s education expert even suggested that the writers
and intellectuals who support changes to articles like 301
are being paid to do so. While CHP may not have a clear line
on 301, they are committed to opposing the AKP and, even by
the admission of one CHP deputy, we can expect nothing
constructive from that quarter.

-------------- --------------
Other Potential Roadblocks to Reforming Article 301
-------------- --------------


12. (C) Several other challenges stand in the way of any
immediate attempt to amend Article 301. AKP, along with
opposition parties, is courting the nationalist vote as the
2007 national election campaign gets underway. Political
opponents and ultranationalists are poised to attack reform
attempts as efforts to weaken the state. High-level AKP
members seem to be moving carefully in the charged political
atmosphere surrounding Article 301 reform demonstrate
politicians' continued fear of alienating a substantial part
of the electorate.


13. (C) The AKP's must also overcome its own internal
contradictions on the issue of free speech. Prime Minister
Erdogan was once jailed for reciting an Islamic poem. The
experience has led him to support those like-minded Turks
who, for example, want to criticize the official ban on
headscarves in universities. But he has shown no tolerance
for those who criticize him or his government, or who speak
out on sensitive topics unrelated to Islam. During the past
year the Prime Minister's personal attorneys have filed
dozens of such cases against those who have allegedly
insulted him in written statements or political cartoons.
Effective reform on free speech is unlikely absent an
internal reckoning on the issue by the AKP.

--------------
Comment
--------------


14. (C) Although steadily mounting pressure has caused PM
Erdogan to face up to the need for Article 301 reform soon,
it will take significant political capital to push through
the kind of changes that will be needed. With its
substantial majority in parliament AKP has the votes, but it
will take a disciplined campaign by Erdogan to muster the
party unity required on an issue this sensitive domestically.
The CHP has made opposing the AKP its election strategy and
is ready for a tough fight. Even if Erdogan is sincere about
reform, he may not have time to win the battle before the
November 8 EU report. His trip to Washington is another
opportunity for him to hear that freedom of expression must
remain a top priority if he wants to restore Turkey's
international reputation as a thriving democracy.

Visit Ankara's Classified Web Site at
http://www.state.sgov.gov/p/eur/ankara/

MCELDOWNEY