Article 301 threatens initiators of Armenian apology campaign
The notorious article 301 of the Turkish Penal Code is in play again. This time it is threatening the initiators and signatories of the online apology for the Armenian Genocide.
The petition set on Internet in December 15 says, "My conscience does not accept the insensitivity showed to and the denial of the Great Calamity that befell the Ottoman Armenians in 1915. I reject this injustice and for my share, I empathize with the feelings and pain of my Armenian brothers. I apologize to them."
Ankara Public Prosecutor Nadi Turkaslan said the Prosecutor's Office is considering a possibility to start legal proceedings against those who joined the campaign, Hurriyet Daily News reports.
Professor of Criminal Law at Istanbul University, Ersan Sen, said the campaign can be rated to violation of article 301 if it meant to insult the Turkish identity.
"A prosecutor may well seek out permission to investigate from the justice minister," Sen said.
In its renewed form, any article 301 case requires permission from the Justice Minister, currently Mehmet Ali Sahin, for prosecutors to begin an investigation.
"As much as I disagree with the 'I apologize' statement, I must say that it is very difficult to describe its content as conflicting with article 301," said Umit Kocasakal, an associate professor of law at Galatasaray University. "The European Court of Human Rights ruled that even shocking and disturbing ideas may be expressed within the framework of freedom of expression," Kocasakal said.
"Although there is no mention of the term 'genocide,' it is clear that a state, or the Turkish nation, is being accused," he added.
Commenting on the apology campaign, Turkish Prime Minister Recep Tayyip Erdogan said Turkey has never committed anything it must apologize for.
The petition set on Internet in December 15 says, "My conscience does not accept the insensitivity showed to and the denial of the Great Calamity that befell the Ottoman Armenians in 1915. I reject this injustice and for my share, I empathize with the feelings and pain of my Armenian brothers. I apologize to them."
Ankara Public Prosecutor Nadi Turkaslan said the Prosecutor's Office is considering a possibility to start legal proceedings against those who joined the campaign, Hurriyet Daily News reports.
Professor of Criminal Law at Istanbul University, Ersan Sen, said the campaign can be rated to violation of article 301 if it meant to insult the Turkish identity.
"A prosecutor may well seek out permission to investigate from the justice minister," Sen said.
In its renewed form, any article 301 case requires permission from the Justice Minister, currently Mehmet Ali Sahin, for prosecutors to begin an investigation.
"As much as I disagree with the 'I apologize' statement, I must say that it is very difficult to describe its content as conflicting with article 301," said Umit Kocasakal, an associate professor of law at Galatasaray University. "The European Court of Human Rights ruled that even shocking and disturbing ideas may be expressed within the framework of freedom of expression," Kocasakal said.
"Although there is no mention of the term 'genocide,' it is clear that a state, or the Turkish nation, is being accused," he added.
Commenting on the apology campaign, Turkish Prime Minister Recep Tayyip Erdogan said Turkey has never committed anything it must apologize for.
