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  • New Turkish penal code prompts controversy

    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.
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