KurdishMedia, UK
Sept 28 2004
New Turkish Penal Code full of anti-democratic articles
“The reform” exaggeratedly applauded by Verheugen is a deceit
The Turkish Parliament finally adopted on September 26, at an
extraordinary sitting, the controversial reform of the Turkish penal
code. Although applauded exaggeratedly by Commissionner Verheugen and
some other EU leaders because of the absence of the mention of
adultery, the new Turkish Penal Code is full of many anti-democratic
articles.
Ten days after the withdrawal by the government of the project in
order to introduce a clause penalizing adultery, the last two
articles of the Penal Code, like two other bills aiming at reforming
the legal system, were voted after the debates which lasted longer
than envisaged because of last minute amendments as well as conflict
on the calendar of application.
The meeting was marked by recriminations of the deputies of the
Republican People’s Party (CHP ) social-democrat opposition) against
the Recep Tayyip Erdogan Prime Minister, absent at the debates, whom
they accused ofhaving created an useless crisis while trying to
penalize adultery.
“We did not succeed in convincing him, it happened to be necessary
that he goes to Brussels for being convinced by Verheugen”, a CHP
said ironically. He referred to the talks Thursday between Mr.
Erdogan and Geunter Verheugen, European Commissionner for
Enlargement, who put an end to one week of crisis between Ankara and
Brussels.
The deputies of the opposition also criticized the fact that the new
penal code will be applied in three times — a first part, on the
wild urbanization, immediately, the large part of the law on April 1,
2005, and the articles penalizing the pollution of the environment on
April 1, 2007.
The CHP announced that it would seize the Constitutional court to
make cancel the clause delaying until 2007 the penalization of
environment’s pollution, like some other amendments of last minute
imposed by the AKP.
Prime Minister Recep Tayyip Erdogan declared Saturday sure that the
European Union (EU) will give in December its green light to the
opening of negotiations for the country’s adhesion.
“I would like to affirm firmly and clearly that a date for the
opening of negotiations of adhesion will be fixed this year in
December”, said Erdogan in his monthly address to the Nation,
diffused by TV.
The Prime Minister’s speech intervenes 48 hours after his visit to
Brussels during which he ensured the European Commissionner for
Enlargement, Guenter Verheugen, that adultery would not be mentioned
in the new Turkish penal code.
“My conclusion is that there is no more obstacle on the table. From
my point of view, Turkey does not have additional conditions to fill
for allowing the Commission to make a recommendation “, had declared
Guenter Verheugen at the end of this visit.
However, Mr. Verheugen, as many other leaders of the European Union,
is fooled once more, because the new Turkish Penal Code is full of
antidemocratic and repressive articles for the freedom of expression
and the press. Many of these articles already existed in the former
Penal Code, borrowed in 1926 from Mussolini’s Penal Code (for example
Articles 158, 159 et 312).
These articles were imposed by the military and approved one by one
by the Grand National Assembly with the complicity of the opposition
party (CHP).
The Journalists’ Association of Turkey (TGC) has established the
following list of these new antidemocratic articles.
If the “crimes” defined in these articles are committed by any kind
of written, audio-visual and electronic media (newspapers, magazines,
radio, TV and/or Internet), the punishment will be increased one-half
or one-third according to the case.
So, even with this new Turkish Penal Code, adopted without mention of
adultery, Turkey will always remain as a country where freedom of
expression and the press is subject to the State repression.
Antidemocratic articles of the New Penal Code
Article 215 – Praising a committed crime or a person who committed
this crime: up to 2 years (if committed by the means of media, to be
increased one-half).
Article 216 (new form of Article 312) – Instigating a part of the
people having different social class, race, religion, sect or region
to hatred or hostility against another part of the people in a way
dangerous for the public security: up to 3 years (if committed by the
means of media, to be increased one-half).
Article 220/8 (new form of Article 169) – Propaganda of an
organization founded for committing crime: up to 3 years (if
committed by the means of media, to be increased one-half).
Article 285 – Spreading confidential information on a legal
investigation: up to up to 3 years (if committed by the means of
media, to be increased one-half).
Article 300 (new form of Article 158) – Insulting the President of
the Republic: up to 4 years (if committed by the means of media, to
be increased one-third).
Article 301 (new form of Article 145) – Insult to the Turkish flag or
to anything having the Turkish State’s symbol (crescent and star): up
to 3 years (if committed by a Turkish citizen abroad: to be increased
one-third); Insult to the Turkish national anthem: up to 2 years (if
committed by a Turkish citizen abroad: to be increased one-third).
Article 302 (new form of Article 159) – Insulting the Turkish
national identity, the Republic or the Grand National Assembly of
Turkey: up to 3 years (if committed by a Turkish citizen abroad: to
be increased one-third); Insulting the Turkish Government, the
judicial organs, military or security institutions: up to 2 years (if
committed by a Turkish citizen abroad: to be increased one-third).
Article 306 – Acting against fundamental national interests for
directly or indirectly receiving benefits from foreign persons or
institutions: up to 10 years. (According to the statement of reasons
for this article, written by the Parliamentary Commitee of Justice, a
citizen who demands the withdrawal of Turkish soldiers from Cyprus or
declares that the Armenian genocide actually took place during the
First World War, can be pursued by virtue of this article).
Article 319 – Instigating the people against military service: up to
2 years (if committed by the means of media, to be increased
one-half).
Article 324 – Spreading unfounded news or information during a war:
up to 10 years (if committed as a propaganda campaign against the
military and in accordance with a foreigner, up to 20 years).
Article 330 – Unveiling the information that should remain
confidential for the sake of the State’s security or its internal and
external political interests: up to 10 years (if committed during the
war or the preparation of the war: up to 15 years).
Article 331 – Unveiling, with the purpose of political or military
spying, the information that should remain confidential for the sake
of the State’s security or its internal and external political
interests: Life prison.
Article 337 – Unveiling the information that is forbidden by the
competent authorities and should remain confidential because of its
nature: up to 5 years (if committed during the war or the preparation
of the war: up to 15 years).
Article 338 – Unveiling, with the purpose of political or military
spying, the information that is forbidden by the competent
authorities and should remain confidential because of its nature: up
to 15 years (if committed during the war or the preparation of the
war: life prison). (Info-Turk, September 27, 2004)
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From: Emil Lazarian | Ararat NewsPress