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EU-sought penal code takes effect in Turkey despite criticism

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  • EU-sought penal code takes effect in Turkey despite criticism

    EU-sought penal code takes effect in Turkey despite criticism

    KurdishMedia, UK
    June 2 2005

    01/06/2005 AFP

    ANKARA, June 1 (AFP) - 10h19 - Turkey's new penal code, a key reform
    demanded by the European Union, took effect Wednesday after months of
    political wrangling and despite criticism that it severely restricts
    press freedoms.

    Controversy has haunted the code ever since the government rushed it
    through parliament last September as part of reforms that helped Turkey
    win an EU green light for accession talks scheduled to start this fall.

    The law has been welcomed for introducing a more liberal criminal
    justice system, in particular increasing penalties against human
    rights abuses and torture and significantly improving the rights of
    women and children.

    But some parts, notably those concerning the media, triggered a
    widespread campaign against the law, forcing Ankara to put it on
    hold just days before it was due to take effect on April 1 to allow
    parliament time to amend several provisions.

    Parliament passed the amendments last week, but President Ahmet Necdet
    Sezer, who has two weeks to study the articles, had not signed them
    into law by midnight Tuesday, which means the code took effect in
    its original form.

    Foreign Minister Abdullah Gul played down the prospect of Sezer
    vetoing the amendments, insisting that the main reforms demanded by
    the EU were part of the code's original version.

    "The issues of concern to the EU -- in other words, provisions related
    to the (EU) political criteria -- have already been amended," Gul said.

    Turkish newspapers greeted the new code with protests and scepticism.


    "Freedom of the press is in danger," declared the daily Aksam, while
    Milliyet headlined: "Sour start to a new era."

    The Radikal newspaper lashed out at the government for failing to
    address the complaints of press groups, which argue that under the new
    code, journalists may still end up behind bars although jail sentences
    were purged from the press law in an earlier reform last year.

    Experts say articles concerning the media contain terms vague enough
    to leave prosecutors and judges with room for arbitrary decisions
    that may threaten freedom of expression.

    One article of particular concern foresees up to 15 years imprisonment
    for those who disseminate propaganda via the media against "fundamental
    national interests" in return for material benefits from foreigners.

    The article raised alarm when it emerged that explanatory notes in
    the draft said it targets those who may, for instance, advocate the
    withdrawal of Turkish troops from Cyprus or support claims that the
    massacre of Armenians under the Ottoman Empire was genocide.

    Press groups also say provisions pertaining to the protection of
    privacy and the secrecy of judicial proceedings until suspects are
    formally charged are too restrictive and will deal a heavy blow to
    investigative journalism.
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