New Turkish penal code prompts controversy
By Elitsa Vucheva

European Observer
02.06.2005

The new Turkish penal code, one of the reforms requested by the EU to
start membership talks with Turkey, entered into force on Wednesday
(1 June), but is already being criticised by opposition and media in
the country.

Journalists, in particular, believe that the new code is a menace
for them, as they feel it imposes rules threatening press freedom
and leaves the door open to arbitrary decisions, international
media report.

For example, if a journalist publishes a story on an on-going police
investigation, he or she can face imprisonment, according to the code.

Furthermore, criticism of a political figure can also lead to
imprisonment of journalists, as it may be interpreted as a personal
insult, AKI agency writes.

The minimum sentence for committing a crime “against a state official
because of his or her post” is one year of imprisonment.

And one of the articles of the code states that those who use the
media to spread propaganda against “fundamental national interests”
in exchange of material benefits from foreigners, risk up to 15 years
in prison.

According to Forbes agency, explanatory notes in the draft make it
clear that the article particularly threatens those who would raise
their voices in favour of the withdrawal of Turkish troops from Cyprus,
or those who would support the recognition of the Armenian genocide.

The penal code is part of key reforms Turkey has to undertake in order
to improve democratic and human rights in the country – a key demand
to start EU accession talks as planned, on 3 October.

In the beginning, the law was welcomed for introducing a more liberal
criminal justice system and improving the rights of women and children.

But some parts, such as those concerning the media, had forced
Ankara to delay the entry into force of the code, which was initially
planned for 1 April, in order to allow the parliament to make several
amendments.

Turkish President Ahmet Necdet Sezer had then to approve the amendments
by midnight on Tuesday (31 May), which he did not do.

However, the code still took effect in its original form, despite
the president’s veto.

Foreign Minister Abdullah Gul argued that the code could enter into
force even without the president’s approval, as the main reforms
demanded by the EU were part of the code’s original version anyway.

“The issues of concern to the EU – in other words, provisions related
to the [EU] political criteria – have already been amended”, Mr Gul
was quoted as saying by Forbes agency.

Abdullah Gul argues that the code can enter into force despite the
president’s veto, as the main reforms demanded by the EU were part
of the code’s original version anyway.