Harmonization Law (6)The sixth European Union (EU) harmonization package went into effect after being published in the Official Gazette on July 19, 2003. The 22-article package foresees amendments to several laws. According to the package, state-owned and private radio and television channels will be able to broadcast in languages and dialects used traditionally in the daily life of Turkish citizens. The sixth harmonization package includes the following: Sentences handed down to those who commit crimes of "honor" have been increased from eight years to 12 years imprisonment. In addition, the six-month period assigned by the previous law for foundations to apply to the State in order to purchase property has been lengthened to 18 months. Regulations implemented during election times, which are related to private radio and television broadcasts, have become permanent. Penalties to be given to private radio and television stations, which violate the resolutions of the Supreme Board of Elections, have been defined. Stiff penalties such as closing down television channels or blacking out broadcasts will not be implemented unless a particular station repeats the same offense. Observers from international or regional institutions or any member country of these institutions will be allowed to observe all phases of the election process in Turkey. Restrictions on political campaigning during election times have been decreased from seven days to 24 hours. During the debates in the Commission, the word "pressure" stated in an article in the package was deleted from the definition of terrorism. Violence and use of force remained as the fundamental elements in the definition of terror. The package includes an addition to a previous amendment to the law, which stipulates that parents can give their child any name they wish, but the name cannot be contrary to the moral values of the country. -RE-TRIAL- The package makes an addition to the article on the Administrative Trial Procedure Law regarding ''re-trial''. According to the package, if the European Court of Human Rights (ECHR) determines that a verdict was given in violation of the “Convention for the Protection of Human Rights and Basic Freedoms” or additional protocols, there will be a retrial. The duration of the re-trial process will be a year from the date when the ECHR's decision becomes definite. The re-trial period is set as 60 days for other reasons. Violation of the “Convention for the Protection of Human Rights and Basic Freedoms” or additional protocols will be considered sufficient reason for re-trial. The same reason is also valid for renewal of an administrative trial. Retrial will be held upon the decisions of the ECHR which become definite on the date when the law goes into effect and upon the decisions regarding the applications made to the ECHR after this date. Retrial requests, regarding the decisions of the ECHR which become definite on the date when this law goes into effect, will be evaluated in one year from the date when this law goes into effect. -SUPERVISORY BOARD- The law amends certain articles in Law No. 3257 on Cinema, Video and Music Works of Art. It foresees replacing the provision which states, ''works of art should not depict acts of violence being carried out nor its incitement. The indivisible integrity of the state, country and nation, national sovereignty, Republic, national security, public order, public interests, general moral principles and health should be respected. Authorities should supervise works of art which are defined with respect to their compliance with national culture and custom and usage in this law,'' by the provision which states, ''authorities should supervise works of art which are defined in this law with respect to their compliance with the Republic's basic principles mentioned in the Constitution, inseparable integrity of the state with its country, nation and public interest.'' The law says that the ''National Security Council Secretariat General'' will be excluded from the Video and Music Works of Art Supervisory Board. If the theme of a work of art is found contrary to the Republic's basic principles mentioned in the Constitution, the inseparable integrity of state with the country and nation and public interest, it will be banned and a legal investigation will be carried out. The decisions that will be handed down by the relevant authorities will be submitted to the authorized judge in a criminal court in 24 hours. The judge will announce the court's decision in 48 hours. Otherwise, the decision will be declared null and void. -RECORD OF CONVICTIONS LAW- The law adds the expression of ''special law provisions are reserved'' to Article 9 titled, ''information which will be preserved in the record of convictions and which will be excluded from the record of convictions due to death or age'' of Law No. 3682 Record of Convictions. -BROADCASTS IN DIFFERENT LANGUAGES- With an amendment that will be made to the Law on the Foundation of Radio and Television and their Broadcasts, broadcasts by state and private radio and television stations in different languages and dialects, which are traditionally used by Turkish citizens in their daily lives, will be permitted. The Supreme Board of Radio and Television (RTÜK) will prepare, within four months time, a regulation regarding methods and principles of broadcasting by state-owned and private radio and television channels in different languages and dialects traditionally used in the daily life by Turkish citizens. The ban on broadcasts, which was for one week prior to the elections, will be limited to 24 hours. Death penalties stipulated in the Gallipoli Peninsula Historical National Park Law No. 4533 will be commuted to sentences of life imprisonment as a result of the change made in the Law. -AMENDMENT TO ANTI-TERRORISM LAW- The law abolishes Article 8 of the Anti-Terrorism Law entitled, ''propaganda against the indivisibility of the state.'' The reason for this article is that there will not be a created vacuum with respect to the protection of the integrity of the country after the deletion of Article 8 of the Anti-Terrorism Law. Under Article 311 of the Turkish Penal Code (TCK), when Article 8 is no longer in effect, propaganda crimes against the integrity of the country can be given stiff sentences. The package foresees removal of the first paragraph of Article 31 of the law envisaging amendments in Law and Code of Criminal Procedure (CMUK) and the law on the foundation and trial methods of the state security courts. Harmonization Law (7)The “Bill on the Amendment to Several Laws”, which is also known as the 7th European Union (EU) Harmonization Package, was approved by the Parliament on July 29 and by President Ahmet Necdet Sezer on August 6. According to the law, the National Security Council (NSC) Secretary General will be appointed upon the recommendation made by the prime minister and the approval of the president, and if the appointment in question is to be made from among members of the Turkish Armed Forces, the general staff’s agreement will be a must. Bans involving the foundation of associations will be reduced. In addition, corporate bodies will be able to establish associations. It will not be possible to postpone meetings and demonstrations for more than ten days. Investigations into crimes of torture and maltreatment will be considered urgent cases and it will not be possible to adjourn the trials of these crimes for more than thirty days unless there is an obligation, and these hearings will continue to be held even during the judicial recess. The scope of implementation of the military penal code on civilians is narrowed. The upper limit of the age of trial at juvenile courts is increased from fifteen to eighteen years. The law also includes arrangements in line with the amendment to the constitution on teaching of different languages and dialects that Turkish citizens traditionally speak in their daily lives. The law envisages amendments to several articles in the Turkish Penal Code, the Associations Law, the Code of Criminal Procedure (CMUK), the Law on the Supreme Council of Public Accounts, the Law on the NSC and the NSC Secretariat General, the Law on Demonstrations and Protest Marches, the Law on Foreign Language Education and Teaching and Learning Different Languages and Dialects, the Decree in Force of Law on the Directorate General of Foundations, the Anti-Terrorism Law, the Turkish Civil Code, and the Law on the Establishment of Military Courts and Trial Procedures. 7TH EU HARMONIZATION PACKAGE ENVISAGES AMENDMENT TO THE LAW ON THE NSC SECRETARIAT GENERAL According to the 7th European Union (EU) Harmonization Package, the National Security Council (NSC) Secretary General is appointed upon the recommendation of the prime minister and approval of the president, and if the appointment in question is to be made from among members of the Turkish Armed Forces, the chief of the general staff ‘s agreement will be asked for. The law also amends several articles in the NSC and NSC Secretariat General Law. According to the amendment to Article 4 of the law, the duties of the NSC have been re-defined. Accordingly, the NSC will consider the recommendations regarding the issues on the determination and implementation of the national security policy of the state under the definitions on national security and the national security policy of the state, and it will specify the path to provide the necessary coordination. It will convey these recommendations and views to the council of ministers and fulfill its duties under the law. Another amendment regulates that the NSC will convene once every two months. If it is deemed necessary, the NSC may convene upon the prime minister's proposal or the direct call of he president. Under the current law, the NSC may also convene in an emergency session if the president deems it necessary or if the president approves of the proposals of the prime minister or the chief of general staff. The law has compiled the duties and authorities of the NSC secretariat general under a single article. Under the law, the duties and authorities of the NSC secretariat general have been summarized into two paragraphs in a single article as: “a) the secretariat general fulfils the secretariat services of the NSC; and b) the secretariat general fulfils the duties assigned by the NSC and laws”. 7TH EU HARMONIZATION PACKAGE PERMITS CORPORATE BODIES TO ESTABLISH ASSOCIATIONS The law which foresees certain amendments to various laws and which is known as the 7th Harmonization Package, permits corporate bodies to establish associations, while it also decreases the prohibitions on the establishment of associations. The law also includes regulations on the learning of various languages and dialects used traditionally by Turkish citizens in their daily lives in line with the amendments made into the constitution. LAW ON DEMONSTRATION AND PROTEST MARCHES The law also foresees amendments to the Law on Demonstration and Protest Marches. In accordance with the amendment, demonstrations and protest marches can be postponed only for 10 days instead of 30, and only when it’s necessary to do so. A demonstration staged to protest the principles of the republic, the indivisible integrity of the country and nation, general ethics and health can only be postponed for one month. LAW ON LEARNING AND TEACHING OF FOREIGN LANGUAGES The law also foresees amendments to Article 2-a and 2-b of the Law on Foreign Language Education and Teaching and Learning Different Languages and Dialects. According to the amendment to Article 2/a, ''no languages other than Turkish can be taught to Turkish citizens in schools as their mother tongue. However, special courses can be held to teach different languages and dialects which are traditionally used by Turkish citizens in their daily lives. Teaching of courses, the content of which are against the principles of the state and indivisible integrity of the state with its country and nation are not permitted. The National Education Ministry will adopt regulations for the holding and supervision of the courses.'' Article 2/c notes that foreign languages to be taught in Turkey will be specified by a Council of Ministers’ decision. INCITING VIOLENCE The law amends the second paragraph of Article 7 of the Anti-Terrorism Law. Under this amendment, those who aid and abet members of the terrorist organization or launch propaganda campaigns aimed at inciting violence or terrorist acts will be sentenced to prison terms of one to five years and fined 500 million to 1 billion Turkish liras (TL). The law amends the Turkish Penal Code (TCK), which pertains to expanding the contents of freedom of thought and expression. Under the law, the last paragraph in Article 159 of the TCK has been changed to “expressions of thought with the purpose of criticism, which do not include any deliberate words of insult or swearwords, and do not necessitate punishment”. This article also includes provisions pertaining to the crime of insult against the moral personality of the state and state officials. The law also amends Article 169 of the TCK related to the crime of “aiding and abetting terrorist organizations”. AN END TO THE DESTRUCTION OF PUBLICATIONS A paragraph saying ''works of art and science and works which have literary value are excluded from the content of this article'' has been added to the TCK's Article 426 on ''immoral publication and publication against morals and moral principles''. Another change in the TCK's Article 427, states that immoral publications which hurt people's feelings or provoke and exploit their sexual desires will not be destroyed, but will only be confiscated. CASES OF TORTURE WILL BE HEARD EVEN DURING THE JUDICIAL RECESS Investigation into crimes of ''torture'' is to be considered as a priority case by an article added to the Code of Criminal Procedures (CMUK). In accordance with this amendment, investigations into crimes of torture and maltreatment, which are mentioned in the TCK's Articles 243 and 245, will be considered emergency cases and will be given priority for trial. Trials for these crimes cannot be adjourned for more than thirty days unless there is an obligatory situation. Those hearings will also be held during the judicial recess. CRIMES COMMITTED IN PEACETIME Another paragraph has been added to the to Article 11 of the Law on Establishment of Military Courts and Trial Regulations, stating ''if the crimes mentioned in Article 58 of the Military Penal Code are committed during peacetime by individuals who are not members of the army, these cases will not be heard in military courts''. Under this law, individuals who are not members of the army will be tried in civil courts if they commit crimes which ''incite soldiers against the law'' and ''incite people against the soldiers'' during peacetime. INCREASED AUTHORITY TO THE PARLIAMENT TO SUPERVISE THE BUDGET Under an article added to the Supreme Council of Public Accounts Law, the authority of the parliament to control and supervise the budget has been increased. The Supreme Council of Public Accounts can supervise accounts and transactions of every institution, organization, fund, enterprise, company, cooperative, union, foundation and association upon the demand of the Office of the Parliament Speaker. The supervision of the assets of the Turkish Armed Forces will be made in line with the principle of secrecy required by the national defense services. The presidency is excluded from the scope of this article. AGE LIMIT IN JUVENILE COURTS The law also amends the first paragraph in Article 6 of the Law on the Establishment of Juvenile Courts and Trial Procedures. According to the law, the expression “15” in the paragraph stating that, “adolescents who are under 15 years of age will be tried at juvenile courts”, has been changed to “18”.
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