C/L/162. Turkish Article 301 v ECHR Articles 9 & 10

The media is an important cornerstone of democracy in the 21st Century; it facilitates debate, accountability in government and freedom of thought and expression of the individual. Turkey is a signatory to the European Convention on Human Rights (ECHR), which enshrines these rights; therefore in terms of convention Turkey seems to be promoting a free media. Yet the reality of the case of a free media in Turkey can be seen in the domestic law and courts, with Article 301 and the murder of Hrant Dink. This paper is going to consider the rights of the ECHR and what Turkey is meant to be protecting and compare it with the reality of the domestic courts to illustrate that the cornerstone of a free democracy is not present in Turkey. In fact Turkey is only playing lip service to the rights of a free media, by signing the ECHR; however the reality is that Turkey's derogations from these rights has made them void within Turkish law.