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Article 312 was a controversial[ weasel words ] article of the Turkish Penal Code relating to inciting racial or religious hatred encouraging people to disobey[ clarification needed ] the law. It has been used to prosecute journalists for writing about Kurdish issues. [1] [2]
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 Recep Tayyip Erdogan 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. [3] In 2000 the chairman of the Human Rights Association, Akin Birdal, was imprisoned under Article 312 for a speech in which he called for "peace and understanding" between Kurds and Turks, [3] and thereafter forced to resign, as the Law on Associations forbids persons who breach this and several other laws from serving as association officials. [3]
Hate speech is speech that attacks a person or a group on the basis of attributes such as race, religion, ethnic origin, national origin, sex, disability, sexual orientation, or gender identity. The laws of some countries describe hate speech as speech, gestures, conduct, writing, or displays that incite violence or prejudicial actions against a group or individuals on the basis of their membership in the group, or disparages or intimidates a group, or individuals on the basis of their membership in the group. The law may identify a group based on certain characteristics. In some countries, hate speech is not a legal term. Additionally in some countries, including the United States, hate speech is constitutionally protected.
Turkey, officially the Republic of Turkey, is a transcontinental country located mainly in Western Asia, with a smaller portion on the Balkan Peninsula in Southeast Europe. East Thrace, located in Europe, is separated from Anatolia by the Sea of Marmara, the Bosphorous strait and the Dardanelles. Turkey is bordered by Greece and Bulgaria to its northwest; Georgia to its northeast; Armenia, the Azerbaijani exclave of Nakhchivan and Iran to the east; and Iraq and Syria to the south. Ankara is its capital but Istanbul is the country's largest city. Approximately 70 to 80 per cent of the country's citizens identify as Turkish. Kurds are the largest minority; the size of the Kurdish population is a subject of dispute with estimates placing the figure at anywhere from 12 to 25 per cent of the population.
The Ministry of National Education is a government ministry of the Republic of Turkey, responsible for the supervision of public and private educational system, agreements and authorizations under a national curriculum. The ministry is headed by Ziya Selçuk.
On February 6, 2002, a "mini-democracy package" was voted by Parliament, altering wording of Art. 312. Under the revised text, incitement can only be punished if it presents "a possible threat to public order". [3]
A hate crime is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of his or her membership in a certain social group or race.
Strafgesetzbuch, abbreviated to StGB, is the German penal code.
Human rights in Turkey are protected by a variety of international law treaties, which take precedence over domestic legislation, according to Article 90 of the 1982 Constitution. The International Covenant on Civil and Political Rights (ICCPR) was not signed by Turkey until 2000. The issue of human rights is of high importance for the negotiations with the European Union (EU). Acute human rights issues include in particular the status of Kurds in Turkey. The Kurdish–Turkish conflict has caused numerous human rights violations over the years. There is an ongoing debate in the country on the right to life, torture, freedom of expression as well as freedoms of religion, assembly and association.
Volksverhetzung, in English "incitement of the masses", "instigation of the people", is a concept in German criminal law that refers to incitement to hatred against segments of the population and refers to calls for violent or arbitrary measures against them, including assaults against the human dignity of others by insulting, maliciously maligning, or defaming segments of the population.
Ragıp Zarakolu is a Turkish human rights activist and publisher who has long faced legal harassment for publishing books on controversial subjects in Turkey, especially on minority and human rights in Turkey.
Incitement to racial or ethnic hatred is a crime under the laws of several countries.
Article 301 is an article of the Turkish Penal Code making it illegal to insult Turkey, the Turkish nation, or Turkish government institutions. It took effect on June 1, 2005, and was introduced as part of a package of penal law reform in the process preceding the opening of negotiations for Turkish membership of the European Union (EU), in order to bring Turkey up to Union standards. The original version of the article made it a crime to "insult Turkishness"; on April 30, 2008, the article was amended to change "Turkishness" into "the Turkish nation". Since this article became law, charges have been brought in more than 60 cases, some of which are high-profile. The Great Jurists Union headed by Kemal Kerinçsiz, a Turkish lawyer, is "behind nearly all of Article 301 trials". Kerinçsiz himself is responsible for forty of the trials, including the high-profile ones.
Censorship in Turkey is regulated by domestic and international legislation, the latter taking precedence over domestic law, according to Article 90 of the Constitution of Turkey.
Holocaust denial, the denial of the systematic genocidal killing of approximately six million Jews in Europe by Nazi Germany in the 1930s and 1940s, is illegal in 16 European countries and Israel. Many countries also have broader laws that criminalize genocide denial. Of the countries that ban Holocaust denial, some, such as Austria, Germany, Hungary, and Romania, were among the perpetrators of the Holocaust, and many of these also ban other elements associated with Nazism, such as the expression of Nazi symbols.
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
A blasphemy law is a law prohibiting blasphemy, where blasphemy is the act of insulting or showing contempt or lack of reverence to a deity, or sacred things, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.
The People's Democratic Republic of Algeria prohibits blasphemy against Islam by using legislation rather than by using Sharia. The penalty for blasphemy may be years of imprisonment as well as a fine. Every Algerian child has an opportunity to learn what blasphemy is because Islam is a compulsory subject in public schools, which are regulated jointly by the Ministry of Education and the Ministry of Religious Affairs.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification, or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of colour, ethnicity, national origin, or race. Some jurisdictions give redress when a person is victimised on account of colour, ethnic origin, religion, disability, gender identity, HIV/AIDS status or sexual orientation.
The Portuguese Penal Code was adopted in 1982 and has been revised on several occasions, most recently in 2007. It devotes a whole chapter on "crimes against human life". In fact, the very first crime addressed on that code is murder.
Inciting subversion of state power is a crime under the law of the People's Republic of China. It is article 105, paragraph 2 of the 1997 revision of the People's Republic of China's Penal Code.
The hate speech laws in Poland derive from its Constitution and from its Criminal Code. The laws discourage any conduct that foments racial, national, or sectarian hatred. The laws punish those who intentionally offend the feelings of the religious by e.g. disturbing services or creating public calumny. They also prohibit public expression that insults a person or a group on account of national, ethnic, racial, or religious affiliation or the lack of a religious affiliation.
The hate speech laws in France are matters of both civil law and criminal law. Those laws protect individuals and groups from being defamed or insulted because they belong or do not belong, in fact or in fancy, to an ethnicity, a nation, a race, a religion, a sex, a sexual orientation, or a gender identity or because they have a handicap. The laws forbid any communication which is intended to incite discrimination against, hatred of, or harm to, anyone because of his belonging or not belonging, in fact or in fancy, to an ethnicity, a nation, a race, a religion, a sex, a sexual orientation, or a gender identity, or because he or she has a handicap.
Constitution 55, or Agitation and Propaganda against the State, was a criminal offence in Communist Albania. This law was used from 1945 until 1991 and was part of the Constitution of the People's Socialist Republic of Albania.