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FIFTH INTERNATIONAL CONFERENCE ON THE EU TURKEY AND THE KURDS

fifth international conference on the eu, turkey and the kurds

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<strong>FIFTH</strong> <strong>INTERNATI<strong>ON</strong>AL</strong> <strong>C<strong>ON</strong>FERENCE</strong> <strong>ON</strong> <strong>THE</strong> <strong>EU</strong>, <strong>TURKEY</strong> <strong>AND</strong> <strong>THE</strong> <strong>KURDS</strong><br />

16) The Conference expresses its deep concern over Turkey’s employment of articles<br />

of the criminal code to prosecute writers, journalists, intellectuals, lawyers<br />

and many other defenders of free speech, including articles 215 (praising<br />

an offence and offender), 216 (incitement to hatred), 217 (provocation to<br />

disobey the law), 220, para. 8 (making propaganda for a criminal organization),<br />

288 (attempt to influence a fair trial) and 301 (insulting the Turkish<br />

nation, the State of the Republic of Turkey, Institutions and Bodies of the<br />

State) of the Turkish Penal Code; the Conference calls on the <strong>EU</strong> to ensure<br />

that Turkey remove restrictions on freedom of expression from their legal<br />

framework entirely;<br />

17) The Conference urges the Turkish government and the parliament to go further<br />

in its reform of Article 301 of the Penal Code and deplores the fact that<br />

no real progress has been achieved regarding freedom of expression a underlining<br />

that further legislative reform, and most importantly, implementation<br />

steps will be required to ensure that Turkey fully guarantees freedom of<br />

expression and press freedom in line with ECHR standards;<br />

18) The conference calls upon the Turkish government to encourage and support<br />

the growth of NGOs and civil society organisations and welcome healthy debate<br />

and constructive criticism as natural and beneficial to a vibrant democracy;<br />

to this end, the conference is appalled by the current climate of fear and<br />

intimidation faced by many in the NGO community, especially those working<br />

on human rights;<br />

19) The Conference calls upon Turkey to fulfil its positive obligations under article<br />

10 of the ECHR to promote a positive climate in which freedom of expression<br />

can flourish, and to protect writers, journalists, intellectuals, lawyers<br />

and many other defenders of free speech from unlawful interference by state<br />

and non-state actors;<br />

20) The Conference welcomes the recent adoption by the Turkish Parliament of<br />

the Law on Foundations and calls upon Turkish authorities to ensure that the<br />

law is implemented in line with the ECHR and the case-law of the European<br />

Court of Human Rights;<br />

21) The Conference calls upon Turkey, following the positive step taken with the<br />

adoption of the Law on Foundations, to fulfil its commitments regarding freedom<br />

of religion by establishing, in line with the ECHR and the case-law of the<br />

European Court of Human Rights, a legal framework enabling all religious<br />

communities to function without undue constraints, in particular as regards<br />

their legal status, training of clergy, election of hierarchy, religious education<br />

and construction of places of worship; calls for the immediate re-opening of<br />

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