Press sees shortcoming in Ankara’s legal code

Press sees shortcoming in Ankara’s legal code

The Associated Press
Friday, May 27, 2005

ANKARA — The Turkish Parliament on Thursday began debating a revised
version of the country’s delayed penal code reform, amid criticism by
journalists who say the amendments do not go far enough toward
eliminating threats to press freedom.

The reforms are part of efforts by Prime Minister Recep Tayyip Erdogan’s
government to raise the country’s chances of joining the European Union.
But there are concerns that the government’s failure to address certain
shortfalls may jeopardize the its chances.

Parliament had been expected in March to approve the legislation, which
would revamp Turkey’s 79-year old code by improving women’s rights and
eliminating all reference to the death penalty, which was abolished in
2002. But the government delayed the vote until now to address fears
that the new code could threaten freedoms and result in prison terms for
journalists.

Critics, however, say the revised draft makes no significant
improvement, and that one change – making it a crime to humiliate state
institutions – would even bring harsher punishment. Journalists say the
new code needs further improvements. The code was to have taken effect
on June 1.

Erdogan’s government had made EU membership a top priority, but it has
been accused of flagging in the pace of reforms needed to join the bloc.
EU leaders have agreed to start membership negotiations with Turkey on
Oct. 3.

Critics say the draft penal code legislation contains vague language
that could make it easier to crack down on journalists and make it more
difficult to cover legal proceedings.

“We know that the days when Turkey will again be remembered as ‘the
world’s largest journalists’ prison’ are ahead of us,” wrote Oktay Eksi,
a columnist for Hurriyet newspaper.

Justice Minister Cemil Cicek defended the code, saying: “It may have
shortfalls and mistakes, but no one should say these were deliberate.
Important improvements were made through good will and hard work.”

One article calls for prison sentences for those who disregard the
state’s “fundamental national interests.” A reasoning attached to the
draft of that article specifies that calling for the withdrawal of
Turkish soldiers from Cyprus or saying that Armenians were subjected to
genocide during World War I should be considered an offense punishable
by 3 to 10 years in prison.

The Paris-based Reporters Without Borders said it shared the concerns of
Turkish journalists. “Far from bringing Turkish law into line with
European law on freedom of expression, some articles of the code on the
contrary, would facilitate arbitrary legal action against journalists
and entail a climate of self-censorship damaging to press freedom,” the
group said.

Late Wednesday, Parliament also introduced a measure that allows
authorities to be present during meetings between some convicts and
their lawyers.

Human rights groups say the measure infringes on prisoners’ rights.
Observers say the measure appeared to target the lawyers of imprisoned
Kurdish rebel leader Abdullah Ocalan’s by making it more difficult for
him to pass on messages to his rebel group.

Among other measures, police can, with court approval, take prisoners
away from jails for re-questioning. Human rights groups object to the
measure saying it may leave them vulnerable to abuse.

http://www.iht.com/articles/2005/05/26/news/turkey.php