Article 301 is a controversial article of the Turkish penal code making it illegal to insult Turkey, the Turkish ethnicity, 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 the Union standards.[1][2] Before the amendments made on April 30, 2008 it used to make it a crime to insult "Turkishness". Since this Article became law, charges have been brought in more than 60 cases, some of which are high-profile.[3] The Great Jurists Union (Turkish: Büyük Hukukçular Birliği) headed by Kemal Kerinçsiz, a Turkish lawyer, is "behind nearly all of Article 301 trials".[4] Kerinçsiz himself is responsible for forty of the trials,[5] including the high-profile ones.
On April 30, 2008 a series of changes were made on the Article 301, including a new amendment which makes it obligatory to get the approval of the minister of justice to file a case.[6] This change was made to prevent the possible misuse of the article, especially against high profile cases, filling up the legal holes of the older version.[7]
What was covered by Article 301
Before amendments were made to Article 301 on April 30, 2008, the article stated the following:[8]
1. A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be punishable by imprisonment of between six months and three years.
2. A person who publicly denigrates the Government of the Republic of Turkey, the judicial institutions of the State, the military or security organizations shall be punishable by imprisonment of between six months and two years.
3. In cases where denigration of Turkishness is committed by a Turkish citizen in another country the punishment shall be increased by one third.
4. Expressions of thought intended to criticize shall not constitute a crime.