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 Many people, primarily Associate Professor Vahit Bicak, who is the Head of the Prime Ministry of Human Rights Committee had made statements suggesting, "The amendment to be made should take into consideration balance between the human rights and the requirements of the state of law."
(Today's Zaman, 26.08.2005) The Turkish Foreign Ministry, which voiced its opinion regarding the arrangements in the Fight against Terrorism Bill (TMK) to the Ministry of Justice,
gave some warnings prior to October 3rd, the day when Turkey"™s negotiations with the European Union (EU) begins.
"Steps should be avoided, which will reverse the EU process. Turkey has undergone hard times in the European Court of Human Rights (ECHR) due to the 8th article. "
The Foreign Ministry supported warnings from different parts of the society regarding arrangements in the TMK. The common opinion is recorded as, "Necessary measures should be taken to prevent terror; however, no concessions should be made from the human rights and freedoms." While the Foreign Ministry disclosed its opinion on the TMK to the Ministry of Justice, which conducts studies on the terror law, it warned that steps that can reverse the EU adaptation process should be avoided. The Foreign Ministry warned that bringing the 8th article of the TMK law back, which was abolished in 2003, would block the EU process. The Foreign Ministry stressed that the article at issue will cause "violation of freedom of expression" as it reminded that many violation cases were filed due to the 8th article of the TMK. Emphasizing that Turkey had faced many problems due to this issue in the past, the Foreign Ministry referred to lawsuits filed against Turkey in the ECHR. It was reminded that all of these lawsuits were lost adding, "Turkey had to pay heavy compensations after losing these lawsuits, because, the article at issue means violation of 10th article of the European Convention on Human Rights, which guarantees the freedom of expression. All the lawsuits were lost due to this violation. Putting the 8th article in the legislation again will mean reversion of the EU adaptation process. In addition, this will be against Turkey"™s international responsibilities. It will cause questioning of Turkey"™s decree of complying with the ECHR decisions".
In line with the 8th article of the TMK, a one to three year penalty of imprisonment was given to people who made written, oral or visual propaganda aiming to endanger the indivisible unity of the republic of Turkey and its national security, secularist order, unitary state structure or public order, which provoked people to resort to violence. And a fine or a broadcasting ban was given to any media or press involved
After amendments were made in the new Turkish Penal Code (TCK), the amendments in the TMK came to the agenda and a commission was established in the body of the Ministry of Justice. The suggestion sent to the ministry "to include strict measures, which will restrict individual rights and freedoms" were reflected in the press as an "amendment text." The ministry refuted the news claiming that they "aim to manipulate". While the President Ahmet Necdet Sezer was a member of the Constitutional Court, he opposed the amendments in the TMK restricting freedoms, on the grounds that the concepts used in the "definition of terror" were not clear, were very ambiguous and open to subjective implementation. Experts also oppose the amendments in the law, which include strict measures. Many people, primarily Associate Professor Vahit Bicak, who is the Head of the Prime Ministry of Human Rights Committee had made statements suggesting, "The amendment to be made should take into consideration balance between the human rights and the requirements of the state of law."
26.08.2005
Suleyman Kurt Ankara |
