Turks live in hope of freedom of speech reform

Turkey’s parliament came back to work early this week to deal with a ninth package of political reforms, to address EU concerns about a slowdown in the Turkish reform process.

But to the disappointment of many in Turkey and the EU no plans have been included to amend article 301 of Turkey’s penal code, notoriously used over the last year to charge dozens of Turkish writers with ‘insulting Turkishness’. Hopes now look slim for any change to article 301 in the next few weeks, as the government is deeply divided on the issue, but some suggest last- minute amendments could still be possible.

With the launch of the ninth reform package, new laws expected to go through in the next two weeks cover foundations (and properties of non-Muslim minorities), the creation of an ombudsman, the civilian auditing of military expenditure, action against corruption and rules on transparency of funding of political parties.

There had been much speculation in Turkey as to whether the package would also include a reform of article 301. European diplomats have been pushing Ankara to shift on the article to improve the mood in Brussels, since there are no expectations of a unilateral Turkish move on opening ports to Cypriot shipping.

Some Turkish sources suggest that even though amending article 301 was not in this week’s package, it could still be brought before the Turkish parliament at the start of October - if so it could have a major, albeit last-minute, impact on the European Commission’s report now put back to 8 November.

Adding to the pressure, the trial of Turkish novelist Elif Shafak is due to open today (21 September) even though she gave birth to her first child just days ago. Shafak is charged under article 301 because of comments made by a character in her novel ‘The Bastard of Istanbul’ calling the deaths of hundreds of thousands of Armenians in 1915-17 genocide.

The Turkish government has been reticent as to whether it will change article 301 or not. On Tuesday (19 September), Justice Minister Cemil Çiçek was quoted as saying that there were no preparations to change it and reform of article 301 was not on the agenda. But Foreign Minister Abdullah Gül and Finance Minister and chief negotiator with the EU Ali Babaçan are believed to favour abandoning the repressive article. Babaçan emphasised the centrality of political reforms last week when addressing an EU-Turkey conference in Istanbul: "The Turkish EU process is becoming an example of a country with a majority Muslim population that can also have a democratic system at EU standards and can be a truly secular country."

Former ambassador and commentator for CNN-Turk, Yalim Eralp, said last week: "I think they will [revise it]. They’re working I’m told on three different drafts. I don’t think they are going to eliminate [article] 301 completely but they will take the ones that are in the German and Italian legislation [as models]. They will revise the text I’m told so that the room of manoeuvre of the judges will be limited. It is controversial but I think they want to adopt it although the government is divided on it."

Mehmet Dulger, AK Party MP and chairman of the foreign affairs committee in the Turkish parliament, is unsure if it will happen: "I think it would be hard," he said, adding: "It’s obvious that we have to proceed to some changes because we’ve seen some prosecutors initiating processes we don’t agree with - why is Elif on trial or Pamuk? - so we should change. Many of the trials aren’t continuing but the fact of being under the threat of trial is not acceptable."

Mehmet Ali Birant, chief anchorman for Kanal D TV channel, believes there is a slight chance of amendment but it will be difficult. "Leave aside Europe, this country cannot breathe safely with [article] 301," he said.

"This is the most dangerous article," he added, "because it doesn’t define the difference between cursing Turkishness and freedom of speech, normal criticism…the Turkish state is not as weak as that to be protected by a stupid article."

Asked why the government may not change it, Birant responded: "Because it is an election period. AKP fears they will be accused of not protecting enough the state."

So for now the outcome is uncertain, but there is a flicker of hope that Turkey will make a stand on freedom of speech and in doing so remove some of the heat from the Cyprus ports stand-off.

• Kirsty Hughes is a freelance journalist based in?London.

Turkey’s parliament came back to work early this week to deal with a ninth package of political reforms, to address EU concerns about a slowdown in the Turkish reform process.