Le nouveau code pénal turc, les chypriotes et les arméniens

"The reform" exaggeratedly applauded by Verheugen is a deceit

28/09/2004 Info-Turk

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)

For all latest news on the situation of human rights in Turkey:

http://www.info-turk.be

All news on the situation of human rights in Turkey since 1998:

http://www.info-turk.be/bulletins.htm

Tel: (32-2) 215 35 76
Fax: (32-2) 215 58 60