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Foreign and Commonwealth Office

Answer

Mr. Dismore: To ask the Secretary of State for Foreign and Commonwealth Affairs pursuant to the Answer of 8 November 2004, Official Report, column 523W, on Turkey (Penal Code), whether the introductory paper to the new Turkish penal codes refers to the withdrawal of Turkish troops from Cyprus and the Armenian Genocide in its explanatory notes on Article 305; and if he will make a statement. [198617] Mr. MacShane: Article 305 concerns Turkish citizens acting against national interests in return for material benefits from a foreign individual or organisation. The wording of this article only refers to such national interests as independence, territorial integrity and national security. There is no mention of Cyprus or the Armenian genocide. The explanatory note to this Article, designed as guidance to the judiciary, remains unchanged from the guidance drafted under the previous government. It states that in this context (of receiving material benefits from a foreign individual or organisation) "a citizen who demands the withdrawal of troops from Cyprus, or declares that the Armenian genocide took place during the First World War, can be pursued by virtue of this article." This explanatory note, however, does not have the same legal status as the Penal Code and is not legally binding. The Commission has made it clear to Turkey that they expect the language not to be taken into consideration when interpreting Article 305. The Commission, with our support, will monitor implementation of the law closely to ensure Turkey meets its international legal obligations, including those concerning freedom of expression under the European Convention for the Protection of Human Rights.

Secondary information

Type

Written question

Reference

426 c1340-1W;426 c1344-5W; 198617

Session

2003-04

Related items

Turkey
Monday, 18 July 2005
Written questions
House of Commons

Subjects

Armed forces Criminal law Deployment Armenia Cyprus Genocide Freedom of expression World War I Turkey

Link

View this Written question on www.publications.parliament.uk