AKP split over amendments to Turkey's controversial Article 301

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AKP split over amendments to Turkeys controversial Article 301
OluÅŸturulma Tarihi: Nisan 14, 2008 10:09

Turkish Prime Minister Tayyip Erdogan on Monday said they thought making an assessment and approving a lawsuit under controversial Article 301 at the presidential level would be a much more reliable action, as the presidency represents a level above political parties. On Sunday, a Turkish minister had said the mandate to file a lawsuit could be taken away from the president and given to the Justice Ministry. The speaker of parliament sent the proposal to the parliamentary commission on Monday. The commission will discuss the proposal on Friday. (UPDATED)

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Erdogan, currently in Doha, Qatar to attend the "8th Doha Forum on Democracy, Development, and Free Trade" responded to questions on Article 301 on Monday, the Anatolian Agency reported. "We assessed the issue within Justice and Development Party (AKP) and also with NGOs. As the presidency represents a level above parties, we thought making an assessment and reaching a decision at this level would be a much more reliable action," Erdogan said.

He added his ruling AKP had held internal talks and met with several NGOs on the issue before taking a step regarding the Article 301. Â

Earlier Turkey's Parliament Speaker Koksal Toptan said on Monday he assessed the bill amending the Article 301 and it was in compliance with legal procedures and sent it to the parliamentary committee on justice. "The General Assembly will then make its final decision on this long-discussed article of Turkish Penal Code," Toptan told in a press conference on Monday. 

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Toptan said after the committee's discussions, a report of its recommendations will be sent to the General Assembly. When asked about his views on who should have the mandate to grant authorization for investigations based on Article 301, Toptan said the Ministry of Justice should be authorized rather than the president.

 

The parliamentary committee on justice will discuss the proposal on Friday at 10 a.m. (GMT 0700), ANKA reported.

 

Previously the Justice Minister echoed similar views on the mandate to open a lawsuit. "There are allegations suggesting that the President is not authorized for such a task in the Constitution," Mehmet Ali Sahin told Turkish TV Haber 24, signaling the mandate could be given to the Justice Ministry.

 

The European Union has been calling on Turkey to amend Article 301, which has been the basis for charges against Turkish writers and journalists such as Hrant Dink, Elif Safak, and Orhan Pamuk. That provision makes denigrating Turkish identity or insulting the country’s institutions a crime punishable by up to three years in prison.

 

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The Turkish government, under pressure of the closure case against the ruling AKP, has given new impetus to stalled EU reforms and plans to amend Article 301.

 

Under the proposed amendment, denigrating the Turkish identity is replaced with denigrating the "Turkish nation" in an effort to eliminate the elusive definition of Turkish identity. It also replaces the word "Republic," with the "Republic of Turkish State," in a similar context.

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