HARMONIZATION LAW (1)

President Ahmet Necdet Sezer approved the amendments to Articles 312 and 159 of the Turkish Penal Code (TCK), along with a series of other changes on February 18. The new forms of Articles 312 and 159 are part of the reform package aiming to bring Turkey closer to membership talks with the EU.

On Feb 6, 2002 Parliament passed the Harmonization Law which is widely known as the “mini-democracy” or “reform package”.

The revised Article 312 reads as follows: ''A person who openly lauds a crime or who incites people to violate the law will receive a prison term ranging from six months to two years. Prison terms of 1-3 years will be given to individuals who incite hostile feelings or hatred in people by emphasizing differences based on social class, race, religion or region in such a way as to endanger law and order. In addition, a person who insults a certain sector of society or harms human dignity will receive the same punishment. If these crimes are committed using the media, the punishment will be two-fold.'' The bill also lifts fines for such crimes stipulated in the existing Article 312.

Article 1 of the Harmonization Law which proposes amendments to TCK Article 159 was approved again with a unanimous vote in Parliament. The text of Article 159 was passed intact but punishment stipulated therein was amended.

Under the article, those who openly vilify the laws of the Republic of Turkey or Parliamentary resolutions will be given prison terms ranging from 15 days to six months. If such a crime is committed in a foreign country by a Turkish citizen, then punishment is increased by one-third to one-half. In addition, under the new arrangement, the heaviest punishment was reduced from six years to three, and all fines were lifted.

Article 3 of the Harmonization Law brought amendments to Article 7 of the Anti-Terrorism Act. The law states, ''Those who aid members of a terrorist organization or spread terrorist propaganda will be sentenced to prison terms ranging from 1-5 years or else fined 500 million-1 billion TL.''

Article 4 of the Harmonization Law resulted in amendments to Article 8 of the Anti-Terrorism Act, which covers ''propaganda against the indivisible integrity of the state.'' The law reduces the minimum prison term imposed on those who spread propaganda with the aim of harming the indivisible integrity of the state and nation of the Republic of Turkey from 2 years to 1 year, and the maximum level from 5 to 3 years.  The minimum fine to be imposed for these crimes has been increased twenty-fold to 1 billion TL, and the maximum level has been increased thirty-fold to 3 billion TL.

The law also alters the following passage, ''with the aim of harming the indivisible integrity of the state and nation of the Republic of Turkey irrespective of the method, purpose or thought'' to, ''with the aim of harming the indivisible integrity of the state and nation of the Republic of Turkey.'' In addition, if propaganda aimed at harming the indivisible integrity of the state is published in a periodical, as stipulated in the Press Law, the fine imposed on the periodical will be reduced. The current regulation imposes a fine amounting to 90 percent of the approximate sales revenues of the periodical in the previous month, but the law will reduce this.

The law has an additional paragraph to Article 8 concerning crimes of propaganda where punishment is stipulated for such propaganda if it is spread through published articles or through other mass media. With this paragraph, the law imposes prison terms from 6 months to 2 years or fines of 1 billion-3 billion TL for people who disseminate propaganda through mass media. In addition, the law states that the court can ban radio and television broadcasts for periods of 1-7 days.

The law also includes a provision which increases punishment by one-third for crimes of propaganda aimed at harming the integrity of the state and nation through the publication of this propaganda in periodicals or other mass media.

Articles 5, 6 and 7 of the Harmonization Law amended the State Security Court (DGM) Law and Code of Criminal Procedure (CMUK). Under the law, the custody period for crimes committed by more than three persons, which currently can be extended to seven days upon the request of the prosecutor and a court decision has been reduced to four days. This four-day custody period can be extended to up to seven days in regions under state of emergency rule by the request of the prosecutor and a court decision.

In addition, under the amendment, the judge is obliged to hear the testimony of individuals held in custody. The suspects also have the right to meet with their lawyers any time they wish.

The law which amended CMUK Article 107 stipulates that the relatives of detainees will be informed without delay about the detention and any extension of detention periods. Suspects also have the right to inform their relatives or other persons they choose regarding their detention.

HARMONIZATION LAW (2)

 

 President Ahmet Necdet Sezer signed into law on April 8, 2002, a nine-article harmonization package effecting a series of amendments as part of Turkey’s ongoing harmonization with European Union norms. The bill Sezer signed had been passed by the Turkish Grand National Assembly (TGNA) on March 26, and it should bring Turkey closer to full EU membership negotiations.

 

One article of the bill states that only chief administrators can act to represent head officials.

 

Another article makes changes to the country’s Press Law as per the government’s proposals to this effect. The article covers conditions under which books and publications, which threaten certain national values, can be confiscated. Added to the list of offenses that justify corrective action – a list which already includes threatening the indivisible unity of the state and nation, national security, public order or public morality – are crimes against the founder and the first president of the Republic, Mustafa Kemal Atatürk, and his reforms.

 

Printing presses and related equipment may be confiscated if the publications issued there from constitute a threat to the unity of the Turkish nation and state or to the Republic’s principles or national security.

 

Another of the bill’s articles states that compensation fees mandated by rulings of the European Court of Human Rights (ECHR) for torture or mistreatment will be due from the individuals who commit such crimes rather than from the Turkish state.

 

The bill also makes changes to the Political Parties Law in line with an amendment to the Constitution, which would make closing a political party more difficult.

 

Under the article in question, possible sanctions against parties would include wholly or partially cutting off any state assistance they receive, in addition to outright banning, depending on the gravity of their crimes. Such cuts in assistance would not be less than half of their total sum given. Political parties which have already taken all of the state aid before the sentence is handed down can be asked to return the funds, subject to punishment by to the Treasury if they fail to do so.

 

The Constitution’s article regarding parties, which are “a focus” for certain offenses, is reflected in the bill’s amendments to the Political Parties Law.

 

Under the new arrangement, a political party is considered such a focal point in cases wherein actions considered crimes are committed intensively or decisively by the party organs or its members, and in cases in which these actions are adopted clearly by the party’s general congress, leader, decision-making organs, or executive boards or during the party’s group meeting in TGNA.

 

Under the arrangement, the Supreme Court Prosecutor's Office will also monitor and control the activities of the political parties.

 

Another article makes amendments to the Associations Law thereby stipulating that any individual who is over 18 years of age and who fulfills the necessary requirements will be able to establish associations. But those who commit crimes against the state or who are convicted of such crimes as embezzlement, bribery, fraud, or robbery will not be able to establish associations, notwithstanding if they benefit from an amnesty.

 

Those who are convicted under Article 312 of the Turkish Penal Code (TCK), which covers the crime of “provoking people to hatred and enmity by discriminating among them with respect to social, racial, linguistic, religious, regional or class differences,” cannot found associations for five years following their conviction for such crimes.

 

Associations cannot use the emblem, sign or symbol of a banned political party or association, or the flag, emblem or signs of former Turkish states.

 

In line with amendments to the Civil Law, associations are also empowered to form federations and confederations.

 

Associations will also be able to invite members of associations from foreign countries on the condition that they inform their local governor's offices beforehand. Associations can also take part in meetings of associations abroad.

 

Under the article, associations will carry out their official procedures in Turkish.

 

The bill also makes amendments to the Law on Meetings, Demonstrations and Marches. Under these changes, the age at which one can take part in organizing meetings is reduced from 21 to 18. A board comprised of at least seven people can organize protest marches or meetings. People who have diplomatic immunity can neither be the leader nor a member of the regulatory board of meetings or demonstrations.

 

Authorized state bodies are charged with the responsibility of making decisions about the organization of meetings and protest marches of legal groups such as trade unions, associations and political parties.

 

Regional governors, governors and head officials can ban or postpone certain meetings for a period not to exceed two months in order to protect national security, public order, general health, general morality and the rights and freedoms of others, or to prevent crimes.

 

Regional governors are authorized to postpone any kind of meetings in cities and towns under his/her purview for three months for the above-mentioned reasons.

 

The bill abolishes an article of the Press Law, which said that punishments handed down to responsible directors, or those who permit publication of news in a banned language cannot be commuted to fines. The bill also renders void a passage saying that such people can be kept in detention in police departments.

 

The harmonization law also lifts an article of the law on establishment and trial procedures of State Security Courts (DGMs), which limited the meetings between the suspect and his/her lawyer. Furthermore, it also abolishes provisions of the Law on Meetings, Demonstrations and Protest Marches that banned the organization of meetings or protest marches outside the scope of vocational organizations’ purpose.

UNOFFICIAL TRANSLATION

HARMONIZATION LAW (3)
(LAW AMENDING VARIOUS LAWS)

ARTICLE 1. —
A) Excluding death penalties envisaged for crimes committed in the time of war or during the imminent threat of war, the death penalties foreseen in the Turkish Penal Code No. 765 dated 1.3.1926, Law No. 1918 on the Interdiction and Pursuit of Smuggling dated 7.1.1932 and Forests Law No. 6831 dated 31.8.1956 shall be converted into heavy life imprisonment.

In so far as,

a) The provisions of Articles 47, 50, 51, 55, 58, 59, 61, 62, 64, 65, 66, 102, 112, 451, 452, 462 and 463 of the Turkish Penal Code and Article 12 of Law No. 2253 on the Establishment, Duties and Trial Procedures of Juvenile Courts dated 7.11.1979 relating to the death penalty and,

b) Provisions on individuals who have received death sentences on the basis of Article 17 of the Turkish Penal Code and Article 19 and Additional Article 2 of the Law on the Execution of Penalties dated 13.7.1965, and whose death sentences have been commuted by the Turkish Grand National Assembly, are legally guaranteed.

B) According to the provisions of this Law, the time periods envisaged in Articles 70, 73 and 82 of the Turkish Penal Code for those individuals whose death sentences have been converted into heavy life imprisonment shall be doubled for ordinary and tripled for terror-related criminals.

According to the provisions of this Law, the provisions of the Law on the Execution of Penalties and the Anti-Terror Law No.3713 dated 12.4.1991 relating to conditional release shall not be applied to individuals whose death sentences have been converted to heavy life imprisonment. The heavy life imprisonment of such individuals shall continue until their death.

ARTICLE 2.—
A) The following paragraph has been added to article 159 of the Turkish Penal Code.

“Written, oral or visual expressions of thought made only for criticism, without the intention to insult or deride the bodies or institutions listed in the first paragraph, do not require a penalty.”

B) The Articles 201/a and 201/b have been added to the Turkish Penal Code to follow Article 201.

“Article 201/a.— The smuggling of migrants is defined as helping individuals who are citizens of a foreign state or who are stateless or who have not been allowed to reside permanently in Turkey, to enter or stay in Turkey illegally or helping such individuals or Turkish citizens to leave the country illegally, with the intention of directly or indirectly obtaining material gain.

The perpetrators of the crime of migrant smuggling and those individuals, while not having participated in such a crime, who have assisted illegal migrants that have been previously brought into or have entered the country to leave the country illegally or to make possible their stay in the country, even though this is not in compliance with the legal conditions, and have prepared or provided false identification or travel documents for this purpose or have attempted any of these acts, even when these acts constitute a different crime, shall be sentenced to an additional heavy imprisonment from two to five years and a heavy fine of not less than one billion liras. Vehicles used in the crime and material gains made as a result shall be confiscated.

The penalties envisaged for the crimes listed in the paragraphs above shall be increased by half if the lives or bodily integrities of illegal migrants have been endangered or if they have been subjected to inhuman or degrading treatment and shall be increased by twofold if the action has resulted in death.

If the crimes listed in the paragraphs above are committed as an organization, the penalties foreseen for the perpetrators shall be doubled.

Article 201/b.— Those who provide, kidnap, take or transfer from one place to another and house individuals with the intention of making them work or serve by force, subject them to slavery or similar treatment, threaten, pressure, use force or coercion to persuade them to give up their bodily organs, use undue influence, secure their consent by deception or by exploiting the desperation of such individuals shall be sentenced to five to ten years of heavy imprisonment and a heavy fine of not less than one billion liras.

If the actions that constitute a crime are attempted with the intentions described in the first paragraph, the victim is assumed not to have given his/her consent.

If children below the age of eighteen are procured, kidnapped, taken or transferred from one place to another or housed with the intentions specified in paragraph one, even when no intermediary actions relating to the crime are committed, the penalties foreseen in paragraph one shall still be applied to the perpetrator.

If the crimes listed in the paragraphs above are committed as an organization, the penalties foreseen for the perpetrators shall be doubled.

ARTICLE 3. —
A) The Article 11 of Law No. 2908 on Associations dated 6.10.1983, which is no longer in force, has been amended along with its title to read as follows:

“The activities undertaken abroad by associations established in Turkey
Article 11. — In cases where international cooperation is deemed to be useful, the establishment of associations that will be active internationally, the establishment of branches abroad by these associations, their membership to or cooperation with associations or organizations established abroad for similar purposes or holding international activities is contingent upon the permission of the Council of Ministers upon the proposal of the Ministry of Interior, in consultation with the Ministry of Foreign Affairs.

The association or supra-organization that wishes to become a member of or cooperate with an association or organization abroad shall be obliged to provide the Ministry of Interior with two copies of a document detailing the status of that association or organization, translated into Turkish and approved by a notary.

If the foreign associations or organizations in which associations in Turkey are members or cooperate with in activities that are against our laws or our national interests, the relations of the association established in Turkey with these associations or organizations shall be terminated by a decision of the Council of Ministers upon a proposal submitted by the Ministry of Interior in consultation with Ministry of Foreign Affairs.

B) The repealed Article 12 of the Law on Associations, together with its title is amended as follows:.

“The activities in Turkey of associations established abroad
Article 12.— In cases where international cooperation is deemed to be useful and reciprocal, in order to benefit from their knowledge and technologies in the fields of culture, economics, technical matters, sports and science, associations established abroad can be permitted by a decision of the Council of Ministers, upon the proposal of the Ministry of Interior in consultation with the Ministry of Foreign Affairs, to establish branches in Turkey, to become members of or cooperate with associations established in Turkey and to undertake activities in Turkey,

In cases where the abovementioned associations are involved in activities that are against our laws or national interests, the permission can be revoked by a decision of the Council of Ministers acting on the proposal of the Ministry of Interior in consultation with the Ministry of Foreign Affairs.

C) The first and second paragraphs of Article 15 of the Law on Associations have been amended to read as follows:

“An Associations Register shall be created at the Department of Associations in the Ministry of Interior and at the governorates of the provinces for the registration of associations.

All confederations, federations and associations, in addition to their branches and headquarters, and the branches in Turkey of associations whose headquarters are abroad, shall be registered in the Associations Register at the Department of Associations.”

D) The title and paragraph one of Article 40 of the Law on Associations are changed in the following manner.

“Prohibition on activities preparing individuals for National Defense and police services

Associations cannot undertake educational or training activities for preparation for military, national defense and police services. They cannot create camps or training grounds for these purposes.”

E) Article 45 of the Law on Associations together with its title is changed in the following manner.

“The obligation to submit a declaration and inspection
Article 45.— At the end of each year, associations are required to submit a declaration to the highest-ranking gubernatorial administrator in their area regarding their activities, revenues and expenses prepared according to the regulation to be issued by the Ministry of Interior.

When deemed necessary, the administrative centres, facilities and all annexed buildings, books, accounts and transactions of associations may always be inspected/audited by the Ministry of Interior or the highest gubernatorial authority of their location. The Ministry of Interior shall carry out the audit through the staff of its Department of Associations or through the Prime Ministry Inspection Board or the highest-ranking gubernatorial administrators themselves or through officials they designate.

The Ministries relevant to their aims and activities can also inspect associations. The results of these audits are forwarded to the Ministry of Interior for information.

All information, documents and records that may be requested by the officials in charge during the audit must be shown or provided by the association staff and all requests by the officials of entering administrative centers, facilities and annexes must be met.

If acts that constitute a crime are encountered during the inspection, the relevant gubernatorial authority immediately notifies the Public Prosecutor.”

F) Article 46 of the Law on Associations and its title have been changed as follows:

“The Department of Associations

Article 46. — A Department of Associations shall be established within the Ministry of Interior to carry out services related to associations, to inspect if their operations are in line with the objectives specified in their statutes and if activities are undertaken to achieve those objectives, and whether they keep their books and accounts according to the regulations and their statutes. The establishment, operation and auditing principles and procedures of this unit shall be determined by a regulation to be prepared by the Ministry of Interior.”

G) Article 62 of the Law on Associations is changed as follows:

“Article 62. — The principles and procedures relating to books to be kept by associations shall be determined by a regulation to be prepared jointly by the Ministries of Interior and Finance. These books must be approved by a notary.”

H) Article 73 of the Law on Associations is changed in the following manner.

“Article 73. — A unit shall be established by the Ministry of Interior within the governorates in the provinces and within the prefectures in the districts to carry out the procedures and services relating to associations.

The organization, duties and responsibilities of this unit in the provinces and the form, organization and registration procedures of the Associations Register to be established under article 15 shall be elaborated in a regulation to be prepared by the Ministry of Interior.”


ARTICLE 4. —

A) The following paragraphs have been added to the end of Article 1 of Law No. 2762 on Foundations dated 5.6.1935.

“In order to meet their religious, charitable, social, educational, health and cultural needs, community foundations, regardless of whether or not they have charter of foundation, can acquire and dispose of real property with the permission of the Council of Ministers.

The reap property used by these foundations to meet their religious, charitable, social, educational, health and cultural needs and whose temporary or permanent ownership by these foundations can be substantiated by tax records, rental agreements and other documentation shall be registered in the name of the foundation if an application is filed within six months of this Law entering into force. Real property donated or bequeathed to community foundations are also subject to the provisions of this article.”

B) The following Additional Article is added to Decree number 227 dated 8.6.1984 on the Organization and Duties of the Directorate General of Foundations.

“Additional Article 3. — In cases where international cooperation is deemed to be useful, foundations established in Turkey can become members of foundations or organizations established abroad with the permission of the Council of Ministers on the recommendation of the Ministry to which the Directorate General of Foundations is attached to, in consultation with the Ministries of Interior and Foreign Affairs.

The holding of international activities by foundations established in Turkey to realize the objectives specified in their foundation charters, the opening of branches abroad and the cooperation with similar foundations or organizations abroad are contingent on a permission to be granted by the Council of Ministers to be based on the recommendation of the Ministry in charge of the Directorate General of Foundations in consultation with the Ministries of Interior and Foreign Affairs.

In cases where international cooperation is deemed to be useful and reciprocal, foundations established abroad can be permitted to undertake activities, establish branches, establish supra-establishments, join existing supra-establishments or cooperate with foundations extant in Turkey through a decision of the Council of Ministers upon the proposal of the Ministry in charge of the Directorate General of Foundations in consultation with the Ministries of Interior and Foreign Affairs.

These foundations are subject to the same regulations applicable to foundations established on the basis of the provisions of the Turkish Civil Code.”

ARTICLE 5. —

A) The second paragraph of Article 3 of Law No. 2911 dated 6.10.1983 on Meetings and Demonstrations is changed as follows:

“The organization of meetings and demonstrations by foreigners in accordance with the provisions of this Law requires the permission of the Ministry of Interior. Foreigners can address a crowd and carry posters, placards, pictures, flags, inscriptions and equipment as long as the highest gubernatorial authority of the meeting’s location at least 48 hours before the meeting.”

B) The first paragraph of Article 10 of the Law on Meetings and Demonstrations is changed in the following manner.

“In order for a meeting to be held, a notice to be signed by all members of the organizational committee must be submitted to the governorate or the prefect with jurisdiction over the locale of the meeting at least 48 hours before the meeting and within working hours.”

ARTICLE 6. —

A) The following article 445/A is added to come after Article 445 of Law number 1086 on Legal Procedures, dated 18.6.1927.

“Article 445/A. — If a final or finalized decision is found by the European Court of Human Rights to be in violation of the Convention on the Protection of Human Rights and Fundamental Freedoms or its annexed protocols and if the results of this violation cannot be compensated for as provided for in Article 41 of the Convention due to the character or significance of the particular violation; the Minister of Justice, the Chief Public Prosecutor at the Court of Appeals, the individual who has applied to the European Court of Human Rights or his/her legal representative can apply for a retrial to First Presidency of the Court of Appeals within a year of the finalization of the decision of the European Court of Human Rights.

This request is to be reviewed in the General Legal Council of the Court of Appeals. If the results of the violation confirmed by the European Court of Human Rights are compensated or if the request has not been filed within the specified period, it is rejected. Otherwise, the file will be forwarded without a hearing to the court that has made the decision.”

B) The following provision is added as the last paragraph to Article 448 of the Law on Legal Procedures.

“The provisions of Article 445/A are exceptions.”

ARTICLE 7. —

A) The following Article 327/a has been inserted after Article 327 of the Code of Criminal Procedure No. 1412 dated 4.4.1929.

“Article 327/a. — If a finalized judgement is found by the European Court of Human Rights to be in violation of the Convention on the Protection of Human Rights and Fundamental Freedoms or its annexed protocols and if the results of this violation cannot be compensated for as provided for in Article 41 of the Convention due to the character or significance of the particular violation; the Minister of Justice, the Chief Public Prosecutor of the Court of Appeals, the applicant to the European Court of Human Rights or his/her legal representative can apply for a retrial to First Presidency of the Court of Appeals within a year of the finalization of the decision of the European Court of Human Rights.

This request is to be reviewed in the General Legal Council of the Court of Appeals. If the results of the violation confirmed by the European Court of Human Rights have been compensated for or if the request has not been filed within the specified period, the application is rejected. Otherwise, the file will be sent without a hearing to the court that has made the decision for reexamination.”

B) The following provision is added as a last paragraph to Article 335 of the Code of Criminal Procedures.

“The provisions of Article 327/a are exceptions.”

ARTICLE 8. –

A) The following provisions have been added to the first paragraph of Article 4 of the Law No. 3984 on the Establishment and Broadcasting of Radio Stations and Television Channels, dated 13.4.1994.

“Furthermore, there may be broadcasts in the different languages and dialects used traditionally by Turkish citizens in their daily lives. Such broadcasts shall not contradict the fundamental principles of the Turkish Republic enshrined in the Constitution and the indivisible integrity of the state with its territory and nation. The principles and procedures for these broadcasts and the supervision of these broadcasts shall be determined through a regulation to be issued by the Supreme Board.”

B) The sub-paragraphs (f) and (v) of the second paragraph of Article 4 of the Law on the Establishment and Broadcasting of Radio Stations and Television Channels has been amended as to read as follows:

f) The privacy of private life shall be respected.

v) The broadcasts shall not encourage the use of violence or incite feelings of racial hatred.”

C) The first paragraph of Article 26 of the Law on the Establishment and Broadcasting of Radio Stations and Television Channels has been amended to read as follows:

“The re-transmission of the broadcasts shall be allowed provided that it does not contradict with this Law. The principles and procedures relating to re-transmission shall be by a regulation to be issued by the Supreme Board.”

ARTICLE 9. –

A) The phrase which reads as “the crimes listed under additional the second paragraph of Article 1 of this Law” in Article 5, paragraph 3, sub-paragraph (6) of the Press Act No. 5680, dated 15.7.1950 has been amended to read as “the crimes listed under the first paragraph of additional article 1 of this Law”.

B) Article 21 of the Press Act has been amended to read as follows:

“Article 21. - Those who breech the provisions of Article 9, paragraph 1 and Article 11 shall be sentenced to pay a heavy fine from ten billion TL to thirty billion TL.

Regarding the periodicals whose publication has been suspended under the last paragraph of Article 9, those who continue with their publications without making a declaration shall be sentenced to pay a heavy fine from twenty billion TL to sixty billion TL.”

C) Article 22 of the Press Act has been amended to read as follows:

“Article 22. - Those who make a false declaration shall be sentenced to pay a heavy fine from twenty billion TL to a hundred billion TL, even if this act constitutes another crime.”

D) Article 24 of the Press Act has been amended to read as follows:

“Article 24. - Those who fail to abide by paragraph one of Article 12 shall be sentenced to pay a heavy fine from thirty billion TL to a hundred billion TL.”

E) Article 24 of the Press Act has been amended to read as follows:

“Article 25.- Those who employ persons not meeting the conditions and qualifications prescribed in Article 13 shall be sentenced to pay a heavy fine not less than fifteen billion TL.

F) Article 30 paragraph 3 of the Press Act has been amended to read as follows:

“Those who violate the provisions of the above paragraphs shall be sentenced to pay a heavy fine from twenty billion TL to a hundred billion TL.”

G) Article 33 paragraph 2 of the Press Act has been amended to read as follows:

“Those who infringe this law shall be sentenced to pay a heavy fine from ten billion TL to a thirty billion TL.”

H) Article 34 paragraph 2 of the Press Act has been amended to read as follows:

“If this book is not kept or they are incomplete or wrong information has been recorded, or the records and some of the information it should comprise is concealed when demanded by the office of the public prosecutor, then the owner or representative of that periodical shall be sentenced to pay a heavy fine from one billion TL to ten billion TL.”

ARTICLE 10. –

A) Article 8 paragraph (D) of the Law No. 2559 on the Duties and Competences of the Police dated 4.7.1934 has been amended to read as follows:

“D) Places where gaming is carried out or performances are staged, or films or video tapes are shown and places which allow broadcasts over the internet that are detrimental to the Constitutional order, general security, general morals and the indivisible integrity of the state with its territory and nation,”

B) Article 9 of the Law No. 2559 on the Duties and Competences of the Police has been amended to read as follows:

“Article 9.- In order to protect the national security, public order, public health and morality, or the rights and freedoms of others, to prevent crime and to identify any type of arms, explosive substances or object whose possession, or carrying of, is prohibited, the police may undertake searches on individuals, their vehicles, personal documents and belongings with a decision taken through appropriate procedures by the judge or the written instruction of the highest-ranking gubernatorial administrator in the locale in cases where a delay may be detrimental, in the following places:

A) The places of meetings and demonstrations which come under the scope of the Law No. 2911 on Meetings and Demonstrations or areas adjacent to these places.
B) Areas adjacent to places where the board meetings of private legal entities, and professional associations and trade unions with the status of a public institutions are held,
C) In places where the public may assemble or are present in groups,
D) In order to ensure freedom of education, educational institutions at all levels, the universities, independent faculties or affiliated institutions to be attended in line with Article 20 paragraph 2 sub-paragraph (A), areas adjacent to, and the entrances and exits of, such places,
E) Public places, places open to the public, student dormitories and annexed buildings,
F) The entrances and exits of settlements,
G) In all kinds of public transportation or moving vehicles.

Following the search, the police shall confiscate any criminal object and shall refer it to the office of the public prosecutor, along together with the documents.

For any search to be conducted by the police in order to identify the clues, indications, circumstantial evidence or proof of a crime or to apprehend its perpetrators in accordance with the Law on Criminal Procedure and other laws, the appropriate decision of the judge or where a delay may cause harmful effects, the written order of the competent body authorized by other laws, shall be necessary.

The search and seizure of published works in the scope of Press Act No. 5680 shall be subject to the general provisions.”

C) Article 11 paragraph (C) of the Law on the Duties and Competences of the Police has been amended to read as follows:

“C) Those who produce and sell any kind of audio-visual work against general morality and decency, regardless of the type of material used for recording,”

D) Article 12 of the Law on the Duties and Competences of the Police has been amended to read as follows:

“Article 12. - Persons under 18 can not be employed in establishments serving alcohol, providing entertainment and gaming and similar establishments that are open to the public and whose establishment requires prior permission, with the exceptions provided for by law being reserved.

The police shall prohibit the entry of those under 18 to places serving alcohol, such as bars, nightclubs, casinos, taverns and traditional coffee houses and gaming establishments even if they are accompanied by their parents or legal guardians.

For individuals and workplaces who breach the provisions of this article, necessary action shall be carried out in accordance with the provisions of article 17 for individuals and article 8 for workplaces.”

E) Article 13 of the Law on the Duties and Competences of the Police has been amended to read as follows:

“Article 13. -The police shall apprehend and carry out the necessary procedures on the below:

A) Those caught in flagrante delicto or where a delay may cause harmful effect, the suspects for whom there are significant signs, indications, circumstantial evidence or proof that a crime has been committed or there has been an attempt to commit a crime,
B) Those for whom there is an apprehension or arrest warrant issued by the competent authorities,
C) Those who are so drunk as to disturb the public or cause a scandal or who assault others when drunk, those who continue to engage in such behavior despite warnings and who attempt to assault or fight others,
D) Those who enter the country irregularly or those for whom a deportation or extradition decision has been taken,
E) Those who object, resist or prevent the measures taken by the police in accordance with law,
F) Drug addicts, alcoholics, vagrants, persons who may spread diseases and mentally disturbed persons who may pose a threat to the society for the purpose of treatment, training and rehabilitation at an institution, in accordance with the provisions of the relevant laws and the implementing regulation of this Law
F) Minors for whom a decision has been taken for their rehabilitation under custody or to be presented before the competent authority.

The provisions of laws, which set out a specific procedure for the apprehension certain persons, shall be preserved.

Any measure that does not harm the detainees’ health can be taken in order to prevent them from escaping or attacking,

The detainees shall be notified of the apprehension reasons in writing; if this is not possible then they shall immediately be informed of the reasons verbally; in cases of collective crimes they shall be informed at the latest prior to being taken to the presence of the judge.

The apprehension of the person shall immediately be reported to those legally defined relations to be specified by the detainee.

Upon apprehension, the health situation of the below shall be determined with a physician’s report.

A) Those who are drunk or have used drugs,
B) Those who have been apprehended through the use of force,
C) Suspects and accused against whom a criminal investigation is to be conducted.

The detainees who are suspected of committing a crime shall be referred to the judicial authorities. Those for whom rehabilitation or treatment is necessary shall be referred to authorities of the relevant institutions. Those for whom the apprehension reason ceases to exist shall immediately be released.”

F) Additional article 1 of the Law on the Duties and Competences of the Police has been amended to read as follows:

“Additional article 1.- Natural persons or communities may stage plays or performances or organize various types of shows in public places, places that are open to public or on public transport, provided that they notify in writing the highest-ranking gubernatorial administrator in the locale at least forty eight hours in advance.

The highest-ranking gubernatorial administrator of the locale shall immediately lodge a complaint to the public prosecutor about those who are found to be against the indivisible integrity of the state with its territory and nation, the Constitutional order or public morality.

The notification made pursuant to paragraph one shall indicate the identity, residential address and nationality of the managers and other persons who have participated in the play or performance.”

ARTICLE 11. –

A) The name of the “Foreign Language Education and Teaching Law” No.2923, dated 14.10.1983 has been changed to the “Law on Foreign Language Education and Teaching, and the Learning of Different Languages and Dialects by Turkish Citizens”.

B) Article 1 of the Law on Foreign Language Education and Teaching has been amended to read as follows:

“Article 1. - The purpose of this law is to regulate the procedures pertaining to the teaching of foreign languages in educational institutes, schools instructing in a foreign language and the learning of different languages and dialects traditionally used by Turkish citizens in their daily lives.”

C) The following provisions have been added to Article 2 paragraph (a) of the Law on Foreign Language Education and Teaching.

“Private courses subject to the provisions of the Law on Private Educational Institutions No. 625 dated 8.6.1965 can be opened to enable the learning of the different languages and dialects used traditionally by Turkish citizens in their daily lives. Such courses cannot be against the fundamental principles of the Turkish Republic enshrined in the Constitution and the indivisible integrity of the state with its territory and nation. The procedures and principles related to the opening and regulation of these courses shall be undertaken through a regulation to be issued by the Ministry of National Education.”

ARTICLE 12.- The following provisions have been repealed.

A) Articles 39, 47 and 56 of the Law on Associations,
B) Additional Article 1 and Article 31 of the Press Act,
C) The final paragraph of Article 11 of the Law the Duties and Competences of the Police,
D) Provisional Article 1 of the Law No. 3218 on Free Zones, dated 6.6.1985.

PROVISIONAL ARTICLE 1.- The following cases of persons who have been sentenced to capital punishment due to having committed a crime within the scope of Article 1 paragraph (A) before this code comes into force, shall be considered to be priority cases and shall be decided on by the bodies referred to below with consideration to Article 2 of the Turkish Penal Code;

a) The files that have not yet been sent to the Court of Appeals or that are presently in the Office of the Chief Public Prosecutor of the Court of Appeals and the ones which have already been sent to the Turkish Grand National Assembly by the court which decided the case,
b) The cases, which are already in the Court of Appeals, by the relevant criminal chamber.;

The cases at the Office of the Chief Public Prosecutor of the Court of Appeals or the Turkish Grand National Assembly shall be sent back to the court that has decided on the case within one month after the entry into force of this law,in accordance with the procedures by which it was sent.

The provisions of this article shall be applied by means of comparison to the cases at Military Courts, Office of the Chief Public Prosecutor of the Military Court of Appeals and the Military Court of Appeals


PROVISIONAL ARTICLE 2.- Articles 6 and 7 of this law shall be applicable to decisions taken pursuant to applications lodged at the European Court of Human Rights after the entry into force of these articles.

PROVISIONAL ARTICLE 3.- The regulations foreseen in this law shall enter into force a year after the date of the publication

Entry into Force
ARTICLE 13. - Articles 6 and 7 of this law shall enter into force a year after the date of its publication, whereas the remaining articles shall enter into force on the date of its promulgation.

Enforcement
ARTICLE 14. - The provisions of this law shall be enforced by the Council of Ministers.