Article 312 (Turkish Penal Code)
   HOME

TheInfoList



OR:

Article 312 was a controversial article of the
Turkish Penal Code Turkish may refer to: *a Turkic language spoken by the Turks * of or about Turkey ** Turkish language *** Turkish alphabet ** Turkish people, a Turkic ethnic group and nation *** Turkish citizen, a citizen of Turkey *** Turkish communities and mi ...
relating to inciting racial or religious hatred encouraging people to disobey the law. It has been used to prosecute journalists for writing about Kurdish issues. Dr. Racho Donef, July 2001, atour.com
The Assyrian Genocide and Article 312 of the Turkish Penal Code: the case of an Assyrian Priest in Turkey (1)
/ref> Article 312 imposes three-year prison sentences for incitement to commit an offence and incitement to religious or racial hatred. In 1999 the mayor of Istanbul and current President of the
Turkish Republic Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula in ...
Recep Tayyip Erdogan Recep may refer to: People Surname * Aziz Recep (born 1992), German-Greek footballer * Sibel Recep (born 1987), Swedish pop singer Given name * Recep Adanır (born 1929), Turkish footballer * Recep Akdağ (born 1960), Turkish physician and polit ...
was sentenced to 10 months' imprisonment under Article 312 for reading a few lines from a poem that had been authorized by the Ministry of National Education for use in schools, and consequently had to resign. In 2000 the chairman of the
Human Rights Association The Human Rights Association ( tr, İnsan Hakları Derneği, İHD) is an NGO for advancing Human rights in Turkey, founded in 1986 and headquartered in Ankara. Establishment The İHD's origins can be traced to the victims of the purges in the ...
, Akin Birdal, was imprisoned under Article 312 for a speech in which he called for "peace and understanding" between Kurds and Turks, and thereafter forced to resign, as the Law on Associations forbids persons who breach this and several other laws from serving as association officials. On February 6, 2002, a "mini-democracy package" was voted by
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, altering wording of Art. 312. Under the revised text, incitement can only be punished if it presents "a possible threat to
public order In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
".Questions and Answers: Freedom of Expression and Language Rights in Turkey
''
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
'', April 2002


References

{{Turkish nationalism Turkish criminal law Freedom of expression law Censorship in Turkey