Turkey: Decriminalize Dissent

[Image from amnesty.org] [Image from amnesty.org]

Turkey: Decriminalize Dissent

By : Jadaliyya Reports

[The following report was issued by Amnesty International in March 2013.] 

Decriminalize Dissent: Time to Deliver on the Right to Freedom of Expression

Introduction

Freedom of expression is under attack in Turkey. Hundreds of abusive criminal prosecutions are brought every year against political activists, human rights defenders, journalists, lawyers and others. These prosecutions represent one of the most deeply entrenched human rights problems in Turkey today. Such cases are generally instigated against individuals who criticize the state or who express opinions contrary to official positions on sensitive issues. While there has been progress in allowing previously taboo subjects to be discussed more freely, such as criticism of the army, discussion of the position of minorities in Turkey and whether the massacres of Armenians in 1915 constitute genocide, a number of inherently problematic laws continue to be used to protect public officials from legitimate criticism and prosecute dissenting opinions on controversial issues in Turkish politics, most notably the conflict between the armed Kurdistan Workers’ Party (PKK) and the Turkish Armed Forces and the Kurdish question more broadly. The most negative development in recent years has been the increasingly arbitrary use of anti-terrorism laws to prosecute legitimate activities including political speeches, critical writing, attendance of demonstrations and association with recognised political groups and organizations - in violation of the rights to freedom of expression, association and assembly. 

In order to prevent these abuses from continuing, Turkey must overhaul the inadequate constitutional protection of the right to freedom of expression and provisions within the Penal Code and the Anti-Terrorism Law. In recent years, a succession of legislative reform packages have failed to bring about the fundamental change required. The third, and most recent, “judicial package”, adopted in July 2012, made some limited improvements, most notably to offences used to prosecute journalists publishing articles about ongoing criminal investigations and prosecutions. The reform package also resulted in the conditional suspension of many cases that threatened the right to freedom of expression and lessened the penalties associated with other provisions. However, it failed to address the underlying problem – namely, the definition of offences in law, which either directly violate the right to freedom of expression or are so broadly worded as to allow for abusive prosecutions. 

Government statements initially indicated that the “Fourth judicial package” would seek to bring prosecutions of expression related offences in line with international human rights standards and the case law of the European Court of Human Rights. However, the draft law, currently before Parliament does not go nearly far enough. It proposes amendments to five offences frequently used in ways that violate the right to freedom of expression. The proposals leave on the statute a number of laws that directly limit the right to freedom of expression that should be repealed entirely. Other offences that threaten the right to freedom of expression through their overly broad wording are not brought into line with international standards on the right to freedom of expression under the current proposals. If passed by Parliament in its present form, the “Fourth judicial package” would represent another missed opportunity to deliver genuine human rights reform.

This report is based on research that has included observing scores of trials, the review of hundreds of criminal cases that threaten the right to freedom of expression and interviews with civil society organizations, lawyers, academics, individuals under prosecution and public officials. It provides an analysis of the current law and practice related to the most problematic articles threatening freedom of expression and makes concrete recommendations to the Turkish authorities and Parliament for the repeal or substantial amendment of articles in the Penal Code and anti-terrorism legislation that are needed bring Turkish law in line with international standards on the right to freedom of expression.

[Click here to download the full report.] 

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412