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Turkish parliament debates revised penal code

Turkish parliament debates revised penal code; concerns over press freedoms
remain

By SUZAN FRASER
.c The Associated Press

ANKARA, Turkey (AP) – Turkish parliament on Thursday began debating a
revised version of the country’s delayed penal code reform, criticized
by journalists who say the amendments don’t go far enough toward
eliminating threats to press freedom.

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

Parliament had been expected in March to approve the new legislation,
which revamps 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
tough prison terms for journalists.

Critics, however, say the revised draft makes no significant
improvement, and one change – making it a crime to humiliate state
institutions – would even bring harsher punishment. Journalists say
the new code would need further improvements before it comes into
effect on June 1.

Erdogan’s government, who had made EU membership a top priority, is
also increasingly accused of flagging in the pace of reforms needed to
join the 25-nation 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.

“It may have shortfalls and mistakes, but no one should say these
were deliberate,” Cicek said. “Important improvements were made
through goodwill 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 three to ten 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 controversial 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.

05/26/05 08:38 EDT

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