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ANKARA: Turkish parliament amends controversial penal code

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  • ANKARA: Turkish parliament amends controversial penal code

    Turkish Press
    May 27 2005

    Turkish parliament amends controversial penal code


    ANKARA - Turkey's parliament Friday approved a package of amendments
    to a controversial new penal code, put on hold in March amid harsh
    criticism that it restricts press freedoms and contains technical
    flaws.

    The code, which was first adopted in September amid much fanfare and
    praise, was a key condition that Ankara fulfilled to win a date for
    accession talks with the European Union at a summit in Brussels in
    December.

    It overhauls Turkey's 78-year-old penal code borrowed from fascist
    Italy and has won praise for introducing a more liberal criminal
    justice system, in particular increasing penalties against human
    rights abusers and torturers and improving the rights of women and
    children.

    The package adopted Friday contains improvements to a number of
    articles concerning the media, but press groups have denounced the
    changes as inadequate on the grounds that journalists may still end
    up in prison, even though jail sentences were purged from the press
    law in another reform last year.

    The amendments notably scrap provisions that envisaged increased
    penalties for some offenses if they are committed via the media, such
    as slander, insult to the president and incitement to war.

    The lawmakers also narrowed the scope of a controversial article
    envisaging up to 10 years in jail for those who accept benefits from
    foreigners in return for acting against "fundamental national
    interests."

    A provision that would have increased the jail term to 15 years if
    the offender committed the crime by spreading propaganda via the
    media was removed from the code.

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

    Other articles denounced by the media, however, remained unchanged.

    Most of them concern the protection of privacy and the secrecy of
    judicial proceedings until suspects are formally charged.

    Press groups say the provisions are too restrictive and will deal a
    heavy blow to investigative journalism.

    Complete with Friday's amendments, the new penal code is now
    scheduled to enter force on June 1, if it is approved by the
    president.

    A row between the government, which has its roots in a banned
    Islamist movement, and the secularist main opposition marred the
    debate on the amendments late Thursday when ruling party deputies
    proposed a last-minute change.

    The amendment, approved later with support from AKP MPs, paves the
    way for those who run illegal educational institutions to escape with
    a fine rather than a jail term.

    Turkey's secular elite is categorically opposed to easing
    restrictions on opening schools on the grounds that such a move will
    allow political Islamist movements to set up their own schools and
    train Islamist-leaning sympathisers.

    The conservative AKP is often accused of having a secret Islamist
    agenda, even though it has disavowed its Islamist roots.
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