The Brand New Version of Article 301 of Turkish Penal Code and the Future of Freedom of Expression Cases in Turkey

2008 ◽  
Vol 9 (12) ◽  
pp. 2237-2252 ◽  
Author(s):  
Bülent Algan

Article 301 of the Turkish Penal Code (TPC), much debated at both national and international levels, has recently been subject to an amendment aimed at clarifying its meaning and averting more distressing cases related to freedom of expression. It should be noted that the former article 301 was an amended version of article 159 of the former TPC of 1926. As Türkan Sancar rightly states in her comprehensive book on both articles 159 and 301, article 159 is an article which has been revised many times. It was amended seven times after coming into effect in 1926 (in 1936, 1938, 1946, 1961, twice in 2002, and 2003). The new TPC was introduced as a package of penal-law reform prior to the opening of negotiations for Turkish membership of the European Union, and came into effect on 1 June 2005. Article 301 stated the following:1.A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be sentenced a penalty of imprisonment for a term of six months to three years.2.A person who publicly denigrates the Government of the Republic of Turkey, the judicial bodies of the State, the military or security organizations, shall be sentenced to a penalty of imprisonment for a term of six months to two years.3.Where denigrating of Turkishness is committed by a Turkish citizen in another country, the penalty to be imposed shall be increased by one third.4.Expressions of thought intended to criticize shall not constitute a crime.

1966 ◽  
Vol 10 (2) ◽  
pp. 106-111
Author(s):  
U. U. Uche

On Thursday, February 24th, 1966, there was a military takeover of the Government of Ghana by the Ghana Army. Before the coup, Ghana was a sovereign unitary republic under a one-party régime. The President and the National Assembly made up the Parliament of the Republic. All Cabinet and other Ministers, except the President, were members of the National Assembly. Ministers were appointed by, responsible to and dismissible by the President. The President had veto powers over any Bills passed by the National Assembly and could in any case dissolve the Assembly in the event of a disagreement with the latter. The Chief Justice and other judges were appointed and dismissible by the President. From the above it is easy to see that the President constituted and dominated the Executive, the Legislature and the Judiciary of the country. What we propose to do here is to spotlight such constitutional and other changes in the law of Ghana as there have been since the coup d'état.


2019 ◽  
Vol 17 (1) ◽  
pp. 333-350
Author(s):  
Artur Adamczyk ◽  
Mladen Karadzoski

The main purpose of the article is to present how the Greek- -Macedonian naming dispute influenced the problem of implementation the international identity of Macedonia. Despite the initial problems of the government in Skopje related to determining their international identity, Macedonians managed to define the principles regarding the identification of a new state on the international stage. As a small country with limited attributes to shape its international position, Macedonia has basically been determined to seek guarantees for its existence and security in stable and predictable European international structures such as NATO and the European Union. The main obstacle for Macedonians on the road to Euro-Atlantic structures was the veto of Greece, a member of these organizations, resulting from Athens’ refusal to accept the name the Republic of Macedonia. The Prespa Agreement of 2018 gave a new impetus to the realization of the international identity of North Macedonia.


2021 ◽  
Vol 24 (324) ◽  
pp. 142-151
Author(s):  
Bogdan Chrzanowski

The regaining of the country’s independence, and then its revival after the war damages, including itseconomic infrastructure – these were the tasks set by the Polish government in exile, first in Paris and thenin London. The maritime economy was to play an important role here. The Polish government was fullyaware of the enormous economic and strategic benefits resulting from the fact that it had a coast, withthe port of Gdynia before the war. It was assumed that both in Gdynia and in the ports that were to belongto Poland after the war: Szczecin, Kołobrzeg, Gdańsk, Elbląg, Królewiec, the economic structure was to betransformed, and they were to become the supply points for Central and Eastern Europe. Work on thereconstruction of the post-war maritime economy was mainly carried out by the Ministry of Industry, Tradeand Shipping. In London, in 1942–1943, a number of government projects were set up to rebuild the entiremaritime infrastructure. All projects undertaken in exile were related to activities carried out by individualunderground divisions of the Polish Underground State domestically, i.e. the “Alfa” Naval Department of theHome Army Headquarters, the Maritime Department of the Military Bureau of Industry and Trade of the Headof the Military Bureau of the Home Army Headquarters and the Maritime Department of the Departmentof Industry Trade and Trade Delegation of the Government of the Republic of Poland in Poland. The abovementionedorganizational units also prepared plans for the reconstruction of the maritime economy, and theprojects developed in London were sent to the country. They collaborated here and a platform for mutualunderstanding was found.


2020 ◽  
Vol 1 (1) ◽  
pp. 141-152
Author(s):  
Khagan Balayev ◽  

On April 28, 1920, the Peoples Republic of Azerbaijan was overthrown as a result of the intrusion of the military forces of Russia and the support of the local communists, the Soviet power was established in Azerbaijan. The Revolutionary Committee of Azerbaijan and the Council of Peoples Commissars continued the language policy of the Peoples Republic of Azerbaijan. On February 28, 1921, the Revolutionary Committee of Azerbaijan issued an instruction on the application of Russian and Turkish as languages for correspondences in the government offices. On June 27, 1924, the Azerbaijani Soviet Socialist Republic executed the resolution of the second session of the Central Executive Committee of Transcaucasia and issued a decree “on the application of the official language, of the language of the majority and minority of the population in the government offices of the republic”. Article 1 of the said decree declared that the official language in the Azerbaijani Soviet Socialist Republic was Turkish.


Author(s):  
Necati Polat

This chapter provides an outline of the change that took place in Turkey between 2007 and 2011, signalling a historic shift in the use of power in the country, long controlled by a staunch and virtually autonomous bureaucracy, both military and civilian, and known as ‘the state’, in the face of the chronically fragile democratic politics, forming ‘the government’. The time-honoured identity politics of the very bureaucracy, centred on ‘Westernisation’ as a policy incentive, was deftly appropriated by the ruling AKP via newly tightened links with the European Union to transform the settled centre-periphery relations often considered to be pivotal to Turkish politics, and reconfigure access to power. The chapter details the gradual fall of the bureaucracy—that is, the military, the higher education, and the system of high courts—and recounts the basic developments in foreign policy and on the domestic scene during and immediately after the change.


In this issue of the Contemporary Military Challenges, we focus on the relations between the European Union and NATO in the field of security. On 1 June 2021, NATO Foreign Ministers met in Brussels to discuss the details of the NATO Summit to be held on 14 June 2021 in Brussels, Belgium; the period, which coincides with the publication of this thematic issue. Twenty foreign ministers represented NATO member states, which are also EU members, making an event such as the NATO summit all the more important for the future of European security. Many topics were mentioned at the ministerial, such as Afghanistan, Belarus, Russia and China. In general, however, the emphasis was put on the fact that NATO should adapt to new challenges, security settings in a highly competitive environment. As mentioned by NATO Secretary General Jens Stoltenberg, we are presented with a number of challenges to our security that we need to tackle together, because no country and no continent can deal with them alone. This includes strengthening the existing partnerships and building new ones, including in the Asia-Pacific, Africa, and Latin America. The participants also discussed the stepping up of training and capability building for partners, as well as work to address the security impact of climate change. In the conclusion, the ministers broadly agreed that it was important to start work on NATO's next Strategic Concept, because our strategic environment has significantly changed since 2010. Secretary General underlined that NATO’s future adaptation would require Allies to continue investing in defence, and to invest more together, as a force multiplier and a strong message of unity and resolve. During Donald Trump’s mandate as President of the United States, the fact that the European Union or its Member States pay too little attention and thus resources for their own defence has often been a hot topic of political debate. In 2016, a year before the US President Trump took office, the European Union adopted a Global Strategy which envisaged several options to strengthen the Common Security and Defence Policy, which we will discuss in further detail in the next issue of the Contemporary Security Challenges. The Global Strategy provided that the European Defence Fund, the Permanent Structured Cooperation, the Coordinated Annual Review on Defence, and other existing and new mechanisms would operate in such a way that activities, resources and capabilities would not duplicate with NATO’s, but would complement each other. True enough that, within the Common Security and Defence Policy, the European Union has already foreseen many activities at its meetings and in the adopted documents in terms of strengthening this policy, but later implemented little. Has anything changed in this area in the past four years, or will perhaps something change at the time of the conference on the European future? Just as the Alliance is planning a new strategic concept, the European Union is announcing a Strategic Compass, which will set new directions for future cooperation, also in the field of security. In this issue, the authors present how the cooperation between the European Union and NATO is taking place in 2021 in some areas of security. The article titled EU-NATO cooperation and the Slovenian presidency of the Council of the European Union by Marko Mahnič presents an interesting thesis on whether obstacles to the coherent functioning of the European Union and North Atlantic Treaty Organization in the field of common security and defence are of a purely technical nature, or are there maybe differences in the policies, bilateral relations and national ambitions of certain countries. Damjan Štrucl writes about the EU-NATO partnership and ensuring information security and cybersecurity: theory and practice. According to him, the development of information and communication technology and new challenges of the modern security environment have led to the signing of the Joint Declaration on deepening the strategic partnership between both organizations in 2016. The author provides an analysis of the EU-NATO strategic partnership in ensuring security and defence in the modern security environment. Defence initiatives to strengthen the security of the European Union motivated Gregor Garb to write an article presenting what the 2016 European Union Global Strategy contributed to the EU’s strategic defence autonomy. Initially, in a theoretical sense, and after five years in a practical sense. All of course, given the fact that the European Union will continue to maintain strong relations and cooperation with the North Atlantic Alliance. David Humar and Nina Raduha present the process of creating the Military Strategy of the Republic of Slovenia in the Slovenian Armed Forces. Changes in the international environment have initiated security-related strategic considerations of NATO and the European Union. Slovenia as a member of both organizations also needs a strategic consideration in both military and security fields. Their article provides more details about the The process of devising the Military Strategy of the Republic of Slovenia. Tackling irregular migration in Europe is a topic addressed by Miklós Böröcz. Ever since 2015, the then mass illegal migration has posed a major problem for Europe and the European Union. The mass refugee crisis has gradually transformed into illegal migrations of individuals and small groups, who have maintained and strengthened contact with everybody along the way, who take part in this and ensure that the migration flow with of illegal character does not subside. The author provides some solutions to this problem.


2021 ◽  
Vol 15 ◽  
pp. 93-111
Author(s):  
Aleksandra Puzyniak

Położenie mniejszości narodowych na terenie Republiki Słowackiej regulują liczne akty prawne. Wśród nich znajdują się dokumenty przyjmowane na gruncie krajowym oraz rozwiązania o charakterze międzynarodowym. Celem niniejszego artykułu jest przedstawienie treści najważniejszych ustaw oraz dokumentów, które wpływają na położenie mniejszości narodowych na Słowacji, a także przybliżenie reakcji organizacji międzynarodowych na wprowadzane przez Bratysławę regulacje prawne. The legal status of national minorities in the Slovak Republic The location of national minorities in the territory of the Slovak Republic is regulated by numerous national acts, the most important of which are the constitution, the law on the use of national minority languages and the law on the state language. References to national minorities can be found in many other acts, such as the Act on counteracting discrimination, the Act on Upbringing and Education and the Act on Radio and Television. The issue of minorities is also raised in bilateral agreements, an example of which is the agreement on good neighbourliness and friendly cooperation between the Slovak Republic and the Republic of Hungary. The legal situation of minorities in Slovakia is also influenced by international organizations to which Bratislava belongs. In this case, the Council of Europe’s most significant influence, the European Union, the Central European Initiative and the United Nations. Over the years, the Slovak authorities have also created institutions responsible for activities for national minorities, and among them, an important function is performed by the Government Plenipotentiary of the Slovak Republic for National Minorities. This article aims to analyse the legal acts and institutions regulating the legal status of national minorities in Slovakia. The publication is also intended to show that the issue of minorities is covered in many legal solutions, and the Slovak authorities have developed a system of protection and support for this community over the years. The author used the institutional and legal method.


HUMANIS ◽  
2020 ◽  
Vol 24 (4) ◽  
pp. 464
Author(s):  
Anak Agung Ayu Rai Wahyuni

Book prohibition in Indonesia has been going on since the first President of the Republic of Indonesia, Soekarno. This prohibition continued in greater quality and quantity during the reign of the second President of the Republic of Indonesia, Soeharto. In the reform era, when freedom of expression found its space, book prohibition continued. This article examines the historical and cultural responsibility behind book banning. How about the prohibition of books in the Soekarno, Suharto era, and the reform era. What are the pros and cons that occur, as well as what solutions satisfy various parties. The method used is the library method, by reading, inputting data, and studying based on library data.  This article explains that the author of the book must be responsible for the content of his writing. Themes such as the Movement of the PKI are sensitive themes, therefore writers must have historical and cultural awareness. Likewise, the government is expected to be able to review a book, and not to unilaterally freeze or ban it. Bringing a book into the realm of law is supported by the necessary evidence, so that all parties get justice based on the law, history and culture of the nation for the unity of the Republic of Indonesia based on the pillars of development and survival as a nation.


2020 ◽  
Vol 15 (47) ◽  
pp. 5-34
Author(s):  
Marta Mitrović

The paper examines the views of Internet users concerning the protection of their rights on the Internet. The Web survey, conducted by the snowball sampling, included 783 Internet users who expressed their views regarding the ways the state (Serbia) and private agents (Facebook and Google) relate to the right of freedom of expression and privacy on the Internet. Also, the survey was used to examine the individual responsibility of users when it comes to the use of Internet services. Several hypotheses suggested that Internet users in Serbia do not have confidence in the country and private actors on the issue of protecting their rights. However, users also do not demonstrate a satisfactory level of individual responsibility. The most important findings indicate that: 1) only one-sixth of the respondents consider that the Government of the Republic of Serbia does not violate the privacy of Internet users; 2) almost half of the respondents do not feel free to express their views criticizing the government; 3) almost 90% of users are not satisfied how Facebook protects their privacy, while it is 1% lower in the case of Google; 4) a third of respondents answered positively to the question whether they had read terms of use of the analyzed companies, but half of them did not give a correct answer to the main questions; 5) only 8.9% of respondents who claimed to have read terms of use are aware of the fact that Facebook shares their data with third parties.


2020 ◽  
Vol 20 (1) ◽  
pp. 23
Author(s):  
Anwar Anwar

This paper examines the historical roots of the emergence of the involvement of the Armed Forces of the Republic of Indonesia (ABRI) in the socio-political field, especially several reasons that form the basis of government policy to involve ABRI in the socio-political and economic fields, as well as ABRI’s own efforts to play a role in these fields. This historical approach research concluded that ABRI’s involvement in the socio-political field in Indonesia had begun since the government of Guided Democracy under President Soekarno. Politically, the reason for Soekarno’s inclusion of the military in his government structure was due to the failure of civilian politicians in formulating state ideology with no agreement between parties in the constituent assembly. This failure is considered to endanger national political stability and threaten the integrity of the country. For this reason, President Soekarno recruited the military to balance civilian politicians in his government. Along with its involvement in the socio-political field, ABRI also plays a role in socio-economics. Although at first, this role was limited to securing national private companies which were legacies of foreign companies, but during the New Order government, the dual function of ABRI was confirmed and its role was wider. Almost all strategic economic sectors are controlled by ABRI.


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