Yesterday, the European Court of Human Rights ruled that the Turkish government's prosecution under Article 301 of its penal code regarding Taner Akçam's public views on the Armenian Genocide violated his right to freedom of expression under Article 10 of the European Convention on Human Rights.

Dr. Akçam became the target of threats for expressing his views and publishing his findings on the Armenian Genocide. A close friend to the late Hrant Dink, Dr. Akçam knew all too well the dangers of speaking about this taboo subject in Turkey. Before he was gunned down in broad daylight, Hrant Dink was also prosecuted under Article 301.

In its decision, the Court acknowledged this connection noting "it was widely believed that Hrant Dink had been targeted by extremists because of the stigma attached to his criminal conviction for 'insulting Turkishness.'"

The Court further concluded that changes to Article 301 and the replacement of the term "Turkishness" by the words "the Turkish Nation" made "no change or major difference in the interpretation of these concepts because they have been understood in the same manner by the Court of Cassation... [in other words it] does not introduce a substantial change or contribute to the widening of protection of the right to freedom of expression."

Welcoming the court's decision, Taner Akçam commented that, "Turkey should learn that facing history and coming to terms with past human rights abuses is not a crime but a prerequisite for peace and reconciliation in the region. I consider myself as a part of Turkish civil society, which fights for a truly free and democratic Turkey. This cannot happen if Turkey continues to criminalize discussion of the Armenian Genocide."

The Court rejected Akçam’s claim of 90,000 Euros in compensation.