Article 312 (Turkish Penal Code)

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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 Republic in Western Asia

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]

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Blasphemy law Laws related to religion

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References

  1. Committee to Protect Journalists, 1999, Turkey: Criminal Prosecutions of Journalists
  2. 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)
  3. 1 2 3 4 Questions and Answers: Freedom of Expression and Language Rights in Turkey, Human Rights Watch , April 2002