<p>Abstract</p><p>This study will shed light on the meaning of article 301 of the Turkish Penal Code and its</p><p>inconformity with fundamental principles of the European Union and fundamental human</p><p>rights. The trial of Nobel Prize winner, Mr Orhan Pamuk and the killing of Mr Hrant Dink in</p><p>January 2007 have both put focus on the notorious article 301 of the Turkish Penal Code.</p><p>The purpose of the study is to answer the main question; In what way does article 301 of the</p><p>Turkish Penal Code infringe the freedom of expression outlined in article 10 of the European</p><p>Convention on Human Rights and what should the European Union do about it?</p><p>The conclusion is that article 301 of the Turkish Penal Code infringes the right to freedom of</p><p>expression stated in article 10 of the European Convention on Human Rights. It does</p><p>undermine the essence of the right by invoking a wide range of self-censorship, by its</p><p>ambiguous language and by the way it is applied. The restrictions are interpreted broadly and</p><p>leave nothing but an arbitrary article left to apply for the courts. The European Union holds</p><p>the power to influence Turkey and can therefore enforce an abolition of article 301 of the</p><p>Turkish Penal Code. Time will tell if Turkey will fully safeguard freedom of expression as it</p><p>is stated in article 10 of the European Convention of Human Rights and in the praxis of the</p><p>European Court of Human rights and the European Court of Justice.</p>
| Identifer | oai:union.ndltd.org:UPSALLA/oai:DiVA.org:oru-2300 |
| Date | January 2007 |
| Creators | Kanakanian, Arminé |
| Publisher | Örebro University, Department of Behavioural, Social and Legal Sciences |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Student thesis, text |
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