Article 301 delayed again


Wednesday, January 9, 2008 | GÖKSEL BOZKURT | ANKARA TDN Parliamentary Bureau

The new proposal replaces the term “Turkishness” with “Turkish Nation” and the term “Republic” with “Turkish Republic" but, delayed again, will now be put before Parliament next week


The prime minister says opposition parties reacted to the bill to amend Article 301 of the Turkish penal code, resulting in postponement to allow further discussion. TDN photo, Selahattin Sönmez

A bill to amend the much-criticized Article 301 of the Penal Code, originally intended to be brought to Parliament this week, has been delayed and downgraded to allow further discussion on the issue.

The redrafted article is now expected to be submitted to Parliament next week, but as a ‘proposal' instead of a bill. Reactions from the opposition parties as well as opinion that the changes made to the article will not end the problems it causes have all played a crucial role in delaying the submission of the bill to Parliament, said ruling Justice and Development Party (AKP) officials.

Prime Minister Recep Tayyip Erdoğan said discussions were continuing on the issue as the opposition parties showed reaction to the anticipated bill.

The bill earlier this week was laid out for discussion in the cabinet meeting where most of the ministers agreed for the bill to be sent to Parliament as soon as possible. The bill was also discussed in the AKP's Central Executive Board (MYK) meeting in which AKP's some lawyers raised their concerns over timing, saying that the proposed changes in their current state can not solve the problems at stake.

Erdoğan said the further consideration of the redrafting should take into account the attitude of the opposition parties in this respect. He said he supported a bill which is ‘capable of solving the problem but won't hurt the man on the street.'

The anticipated amendments to Article 301 of the Turkish penal code will also be submitted to Parliament as a ‘proposal' instead of a bill. According to the proposal, prosecutors will get approval from the Justice Ministry to initiate Article 301-related inquiries and those who violate the article will be sentenced to a maximum prison term of two instead of three years. The proposal also replaces the term “Turkishness” with “Turkish Nation” and the term “Republic” with “Turkish Republic.”

The controversial Article 301 meanwhile has been on the Turkish agenda for nearly two years during which the ruling AKP hasn't taken any concrete steps on the issue, despite the lengthy effort involved.

Opposition against the amendment:

Pro-Kurdish Democratic Society Party (DTP) leader Ahmet Türk said they were against Article 301 and wanted the article to be entirely abolished while Devlet Bahçeli, leader of the Nationalist Movement Party (MHP) said they were against any amendments being made at all.

“The amendments mean slandering the glorious history of Turkey and despising the Turkish nation. It will reward those who seek an opportunity to insult the national and spiritual values of Turkey,” Bahçeli said.

He said the anticipated amendments will also prepare the way for insulting “Turkishness” as well as the state, the flag and the nation.

“The MHP is entirely against the amendments to Article 301 of the Penal Code. It is determined to struggle to the end with those who feel disturbed with the current situation of the article,” Bahçeli said.

Some 328 people were put on trial in 2006 while 182 people were put on trial in the first nine months of 2007 for violating Article 301.