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New penal code comes into force in Turkey

Deutsche Presse-Agentur
June 1, 2005, Wednesday
10:03:10 Central European Time

New penal code comes into force in Turkey

Ankara

A new penal code designed to update Turkey’s justice system in line
with European Union norms came into force on Wednesday but still
attracted criticism from journalist groups concerned about
restrictions to freedom of conscience.

The first complete revision of the penal code since the establishment
of the republic in 1923 was passed last year and brings in a number
of human rights reforms especially in the field of women’s rights.

Forcing girls to undergo virginity tests, a practice that was fairly
common until recently, is now specifically against the law and
provisions that allowed lesser sentences for those convicted of
“honour killings” have been removed.

The new code also increases sentences to between three and 12 years
for officials found guilty of inflicting torture.

New crimes in the code include human smuggling, committing genocide
and denying another persons human rights.

While the code has been praised by human rights groups and the
European Union – it was a precondition for the beginning of
membership talks in October – it has been severely criticised by
journalist groups.

Under the code journalists could be disciplined if they call on
military conscription to be axed or insult a minister of state. It
has also been suggested that stating in print that Turkey committed
genocide on Armenians during and after the First World War – a charge
that Turkey denies – could result in heavy prison terms.

It is the vagueness of the law which upsets journalists groups who
are worried that conservative judges could interpret an “insult” to
be almost anything critical of the state or government.

Some fears were allayed when parliament passed amendments to the code
last week but media groups say they did not go far enough.

Oktay Eksi, head of the Turkish Press Council said in an open letter
to the prime minister that he would go as far as the European Court
of Human Rights to have the offending articles removed.

The government also stirred up controversy last week when it removed
the threat of imprisonment for those who set up illegal Koran
courses.

The move was severely criticised by secular groups concerned that it
may lead to a rise in Islamic extremism. That particular provision
must still be signed by the president before it comes into force. dpa
cw sr

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