TURKEY'S FREEDOM OF EXPRESSION DEBATE HEATS UP

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000278

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E.O. 12958: DECL: 02/09/2017
TAGS: PGOV PHUM PREL OSCE TU
SUBJECT: TURKEY'S FREEDOM OF EXPRESSION DEBATE HEATS UP


Classified By: Political Counselor Janice G. Weiner, reasons 1.4(b)(d)

1.(C) Summary: The discussion on how to treat infamous
Article 301 of the Turkish Penal Code, which criminalizes
"insulting Turkishness," has heated up following the
assassination of journalist Hrant Dink, who had been
convicted under the law. Seeking to quell rising criticism
from the EU and segments of Turkish civil society, several
business and labor organizations recently proposed changes to
eliminate the law's ambiguity. Theis defenders haQe
begun to speak out more vocally. Given the divide on this in
Turkish society, PM Erdogan and his ruling Justice and
Development Party (AKP) will find it difficult to screw up
the political courage to take action prior to presidential or
parliamentary elections. End summary.

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NGOs Propose Amendments To Eliminate Law's Ambiguity
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2.(U) On February 8, the Turkish Union of Chambers and
Commodities Exchanges (TOBB),the Turkish Industrialists and
Businessmen's Association (TUSIAD),the Economic Development
Foundation (IKV),the Turkish Union of Agricultural Chambers
(TZOB),the Television Broadcasters association (TVYD) and
several labor unions announced a joint proposal to amend
controversial Turkish Penal Code (TNP) Article 301, which
criminalizes insulting "Turkishness" and has been
oft-criticized by the EU and others for limiting freedom of
expression. Recently assassinated Turkish-Armenian
journalist Hrant Dink, Nobel Laureate Orhan Pamuk, writer
Elif Shafak, as well as scores of journalists and writers,
have been charged or tried under the article. Prime Minister
Erdogan has repeatedly said that his administration would
consider changes to the article proposed by civil society.

3.(U) The proposed changes would clarify the word
"Turkishness" as "having a citizenship tie to the Republic of
Turkey," and replace "insult Turkishness" with "publicly
ridicule and mock Turkishness." At the press conference
announcing the proposal, IKV president Davut Okutcu said that
the changes would help to eliminate the law's ambiguity and
bring the legislation into line with the European Human
Rights Convention. A change of mentality among judges and
prosecutors, however, would still be critical to improving
freedom of expression, stated Okutcu.

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Others Say "Cosmetic" Changes Won't Resolve Problems
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4.(C) Human Rights Association President Yusuf Alatas told us
that the proposed changes were "merely cosmetic." Alatas
scoffed at the idea that merely replacing "belittle" with
"ridiculing and insulting" would resolve the problem. He
people from 103
organizations, including the HRA, the Human Rights
Foundation, Mazlum-Der, the Helsinki Citizens Assembly,
Amnesty International, and the Turkish Medical DoQtors'
Association.

5.(C) Hasan Anamur, the head of the Union of Translators,
told us that the proposal was made by groups close to the GOT
in order to ease EU pressure on the government and calm the
public following the Dink murder. Meanwhile, those who had
actually been prosecuted under Article 301, including
translators, have been excluded from efforts to change the
law.

6.(C) Human Rights Foundation President Yavuz Onen stressed

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to us that real change requires that the debate be enlarged
to focus on more than Article 301. There are at least 14
more article restricting freedom of thought and speech,
according to Onen. He recently sent a letter to PM Erdogan
setting forth these articles, which include: Article 132,
violating the confidentiality of communication; Article 134,
confidentiality of private life; Article 315, praising crime

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and criminals; Article 216, provoking people to hatred and
enmity; and Article 288, attempting to affect fair hearing.


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Public Support for Article 301 Continues
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7.(U) Despite renewed civil society efforts to amend or
abolish Article 301, significant public support for the
article remains. A recent Selcuk University poll of 7325
persons in 43 provinces revealed that 55.3 percent responded
that Article 301 should not be repealed, while 39.4 percent
favored repealing the law. Supporters of the law have
started speaking out.

8.(U) On February 8, the Turkish Solidarity Council, a group
made up of 96 foundations, associations, and NGOs, defended
the law in a press conference. Spokesperson Mustafa Erkal
stated, "There is a shameless campaign against the article."
He called on the GOT to clearly define its stance on 301
instead of "hiding behind certain civil society organizations
and their ambiguous statements." The president of the Ankara
Chamber of Commerce at the press conference called on the GOT
to take responsibility for changing the law. Kemalist
Thought Association (ADD) deputy Chairman Ali Ercan on
February 8 released a statement expressing his association's
view on why the article should remain in place: The Turkish
War of Independence, which led to the establishment of the
republic, was a war fought powers who
were the arent consensus of some NGOs regarding amending
Article 301, civil society remains split on whether to keep
the law, amend it, or abolish it altogether. It has become a
symbol of growing Turkish nationalism and a lightning rod
within Turkish society, as well as in international circles.
Given this fracture, significant public support for
maintaining the law, and the general reluctance of PM Erdogan
and his AK Party to get out in front on any tough issue, the
GOT is likely to try to continue to dodge this prior to
presidential and parliamentary elections. End comment.

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WILSON