Harmonization Law (4)

 

On December 3, the Justice and Development Party (AKP)-led government approved a legislative package comprising a series of reforms aimed at bringing Turkish laws in line with European standards. The package was then conveyed to the relevant parliamentary commissions. The 37-article package, in which certain laws have been drawn up in line with the Constitutional amendments, passed the Interior Affairs Commission. Supported also by the opposition Republican People’s Party (CHP) deputies, the package was discussed at the Justice Commission on December 9.

 

Parliament’s Constitutional Commission discussed amendments to Articles 67, 76, and 78 of the Constitution. The first round of voting was held on a three-article legislative package including the amendments to Articles 67, 76, and 78 of the Constitution. The amendments were approved by a majority of the deputies on December 10. The second round of balloting was held on December 13, which was in accordance with the Constitution. All the articles in the package, apart from the execution and enforcement articles, were adopted.

 

Parliament has passed a Constitutional amendment package, which changes Article 76 and allows Recep Tayyip Erdoğan to become a candidate. Article 76 stipulates who is eligible to become a deputy. It states that those who have been sentenced to prison for one year or more because of "engaging in ideological or anarchic actions" shall not be elected deputies, even if they have been pardoned. The government's proposed amendment excludes this provision.

 

The Parliament thus paved the way for AKP leader Recep Tayyip Erdoğan to be elected a deputy and assume the premiership. Deputies voted overwhelmingly in favor of the proposal to amend three articles of the Constitution. The Constitutional amendments, which require a two-thirds legislative majority, were also approved by scores of deputies from the opposition Republican People's Party (CHP).

 

On December 19, President Ahmet Necdet Sezer vetoed the laws, which would allow the banned leader of the ruling party, Tayyip Erdoğan, to become prime minister. "It is clear that the Constitutional amendment is subjective, concrete and aimed at one individual," the president ruled.

 

A statement issued by the Presidential Press Center said: ''President Sezer sent back the law on amending articles of the Constitution to the Parliamentary Speaker's Office for debate once again by parliament in accordance with Articles 89, 104 and 175 of the Constitution.''

 

The first round of voting on the package was held on December 24 and the second round on December 27. On December 24, the parliament approved the amendments to the Constitution for a second time in a bid to overriding a presidential veto and paved the way for the ruling party's leader to become prime minister. On December 27, parliament voted to amend the Constitution to pave the way for ruling party leader Tayyip Erdoğan to run in a by-election as a first step in becoming prime minister. The legislative package was passed by 437 to 44 votes in the 550-seat assembly, easily mustering the two-thirds majority required by law.

 

On December 31, President Ahmet Necdet Sezer ratified the law to amend certain articles in the Constitution. A Presidential Press Center statement said that Sezer had returned the law, which was passed on December 13, 2002 to the Parliament on December 19, 2002 to be debated once more. The statement noted that Sezer sent the law, which was passed, in its current form by the Parliament on December 27, 2002 to the Prime Ministry to be published in the Official Gazette.  

 

Harmonization with the Constitution and Copenhagen Criteria

 

The legislative package, prepared within the framework of harmonization with the Constitution and Copenhagen Political Criteria was adopted at the Plenary Session of the Parliament on January 2, 2003. 

    
The law, which stipulates punishment, handed down for convictions of torture and abuse cannot be converted into fines, and neither can they be postponed. In addition, the interrogation period for suspects, in places where Emergency Rule is implemented, has been reduced to four days.
 

Parliament has also adopted measures that would make it more difficult for those convicted of inflicting torture to avoid prison terms – a part of the reforms aimed at improving Turkey's chances of joining the European Union. The laws passed by the parliament would also make it more difficult for courts to ban political parties, and to ensure that journalists are not required to disclose their sources to authorities.

 

The Parliament voted 254-2 in favor of the measures preventing courts from suspending the sentences of those convicted of inflicting torture and the conversion of these sentences which monetary fines.

   
The law re-arranged Article 11 of the Political Parties Act and changed the second paragraph of Article 312 of the Turkish Penal Code (TCK) which stated, ''not being sentenced on charges of openly inciting people by discriminating with regard to class, race, religion, sect and regional difference'' and changed it to ''not being sentenced on charges of terrorist activities.''
    
Individuals sentenced to prison terms of five years or more on charges of bribery, corruption, swindling, falsification, embezzlement, theft, false bankruptcy, misuse of belief, and smuggling, and those sentenced to prison terms on charges of terrorist activities, cannot be members of political parties.
 

In another article, which harmonizes the Political Parties Act with the Constitution, the provision, which states that ''a closure case can be opened against a party if the party acts in contradiction to the laws, and fails to remedy the situation despite warnings'' has been eased.

  
A three-fifths majority will be necessary to make a decision for the closure of parties. In opposition to the request of the Supreme Court of Appeals Chief Prosecutor for party closure, the related party may lodge a protest with the Constitutional Court.
    
According to the new arrangement, the Chief Public Prosecutor may open a case against the Constitutional Court to deny a political party from partial or whole state aid if the party fails to remedy the contradiction within six months following a written warning by the Constitutional Court.
         
Article 15 of the Press Law has been amended, and it was decided that the editors-in-chief and those who write the news reports cannot be forced to disclose their sources of information.
    
Under the law, which amends the “Record of Convictions Law”, the concept of a crime, which could not be registered from the record of convictions, was removed. The Record of Convictions of those who had not attained the age of 18 at the time when the crime was committed can from now on be deleted.

 

Under the provisions of the package, judges are obliged to hear the statements of defendants and detainees before they reach a verdict. In addition, defendants and detainees will be given a medical examination, and a report will be written on the health of each inmate upon entering and leaving prison.

Under the law, foreigners are granted the right to petition Parliament. Foreigners living in Turkey may benefit from this right on condition that the petitions are written in Turkish, and by taking into consideration the principle of reciprocity.
    
According to the law, religious and minority foundations will be able to buy and sell real estate in order to meet their religious, social, educational, health and cultural needs.

 

Community foundations must obtain permission from the Directorate General of Foundations to obtain property. Community foundations will be able to own property in order to meet their religious, social, educational, health and cultural needs.

 

In addition, associations have to carry out all their correspondence with state institutions in Turkish. Announcements, statements and publications of associations will be seized if they threaten the internal or external security of the state, go against the principles of the republic, incite people to commit crimes or carry out uprisings, publish confidential documents of the state or violate the private lives of others.

 

No one is allowed to establish associations which act against the principles of the republic or against general health and ethics, with the intent of committing crimes which jeopardize the national security and public order, or of restricting the freedom of others.

 

Associations will be able to carry out activities abroad in order to reach the goals stipulated in their regulations. They will also be able to open offices abroad and become members of international associations or organizations.

 

With the permission of the Interior Ministry and acquiescence of the Ministry of Foreign Affairs, foreign associations will also be allowed to carry out activities, open offices and join associations in Turkey.

Associations will be able to issue statements without getting prior permission.

 

By amending the Associations Law, the package introduces fines, rather than prison sentences, as punishment for associations, which do not declare their assets.

 

Foreign associations may carry out activities, and open branches in Turkey according to the principle of reciprocity with the permission of the Interior Ministry and the assent of the Foreign Ministry.
    
Including the amendments to the Code of Criminal Trials Procedures (CMUK), the Turkish Penal Code (TCK), the Code of Legal Trials Procedures (HMUK), the State Security Court (DGM) Law, the Political Parties Law and Associations Laws, the package provides for e.g. the retrial of convicts on the basis of verdicts of the European Court of Human Rights by amending the concerned article of the CMUK. Justice Minister Cemil Çicek has said that the court verdict for the retrial of convicts will be in effect one year after the law comes into force. The package also includes an amnesty for university students who have violated disciplinary codes.

 

The law No: 4778 which made certain amendments to various laws within the framework of harmonization with Copenhagen political criteria and the Constitution went into force on January 10, 2003.

 

Harmonization Law (5)

 

On January 23, parliament adopted the fifth EU harmonization package, which permits the re-trial of persons in line with the decisions of the European Court of Human Rights (ECHR).

 

Under the law, if an individual who applied to the ECHR, is found to be in the right, he/she can re-apply for a retrial to the court in his/her country which found him/her guilty.

 

In addition to a re-trial, sentences handed down to persons who establish relations with foreign associations and institutions without getting permission; issue statements on behalf of an institution without obtaining the decision of the executive board, do not receive permission to issue statements, are converted into fines changing between one to three billion TL.

 

President Ahmet Necdet Sezer has approved six laws, including one amending several laws, aimed at bringing these laws in line with the European Union standards, which Turkey aspires to join. This particular law allows Turkish foundations to establish formal relations with foreign foundations and organizations and it also eases restrictions on foundations.

 

In addition to the second democracy package, the President has also approved three laws ratifying a UN convention against transnational crimes; a UN protocol to prevent illegal immigration and an appendix to a UN Convention aimed at struggling against trafficking in human beings. Another law stipulates parliamentary ratification to a free trade agreement signed between Turkey and Croatia. The law adds an article to the Code of Civil Procedure (HMUK), enabling application to the Supreme Court of Appeals with a request for a re-trial process within one year following the decision of the European Court of Human Rights (ECHR). In addition, the law foresees amendments to the Law of Criminal Procedure (CMUK) parallel to this.

 

The law envisaging amendments to certain laws, which is recognized as the second European Union (EU) harmonization package, came into effect on February 4, after being published in the Official Gazette.

The Ankara State Security Court (DGM) has approved the application made by four former deputies of the defunct pro-Kurdish Democracy Party (DEP), who demanded a retrial in line with an amendment to a law adopted by Parliament as a part of a reform package aimed at harmonization with EU laws. Accordingly, the court will retry the former deputies but it has rejected the request of the acquittal of these deputies. The former DEP deputies, namely Hatip Dicle, Leyla Zana, Orhan Doğan and Selim Sadak were convicted of aiding and abetting members of the PKK terrorist organization and were sentenced to 15 years imprisonment in 1994. The convicts have applied to the European Court and the decision was a re-trial. As Parliament passed a law amendment allowing retrial following the European Court verdict, the deputies applied to the Ankara DGM. The European Court decided that the former deputies had not been given a fair trial in the Turkish court.