[Documents/Docheader.htm]Bringing the Turkish Criminal Code into line with European standards
Doc. 10338
18 October 2004Written question No 460 to the Committee of Ministers
presented by Mr Rustamyan
The Turkish parliament recently approved a new criminal code. One of the articles of this code gives cause for concern. Article 305 appears to signify that anyone who advocates the withdrawal of Turkish forces from Cyprus or maintains that the Armenian genocide did indeed take place could be liable to imprisonment.
Such a provision clearly constitutes a serious infringement of freedom of expression and would prevent any debate on these questions within Turkish society. It would mean, for example, that today in Turkey teachers, academics, journalists, representatives of civil society and persons belonging to the Armenian minority could not freely express their opinion, based on their personal convictions, on the Armenian genocide, without risking the prospect of a term of imprisonment.
Bearing in mind these considerations,
Mr Rustamyan
Recalls the Parliamentary Assembly's recommendation to the Committee of Ministers (Recommendation 1662 (2004)) that it continue to offer expert legal advice on draft legislation under preparation or planned, particularly on the Criminal Code. It asks the Committee of Ministers to establish whether Turkey has completed the revision of the Criminal Code, with the Council of Europe's assistance, as the Parliamentary Assembly recommended. It also asks it what measures it intends to take to ensure that this member state brings its Criminal Code, particularly the article concerned, into line with European standards.
Signed [1]:
RUSTAMYAN, Armen, Armenia, SOC
SOC
EPP
EDG
LDR
UEL
NRSocialist Group
Group of the European People’s Party
European Democratic Group
Liberal, Democratic and Reformers’ Group
Group of the Unified European Left
Not registered in a group