Kurdistan Bloggers Union Anti-democratic articles of the Turkish New Penal Code - Kurdistan Bloggers Union

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Thursday, September 30, 2004 

Anti-democratic articles of the Turkish New Penal Code

Info-Turks, via Kurdmedia.com gives a list of antidemocratic articles of the New Penal Code, in spite of Commissioner UE's praisings. But I doubt that public could realize, without a deep knowledge of Turkish context, why, though US calls it "democracy" and though its possible entering in UE, Turkey is still that I call a "democratorship", I mean half democracy half dictatorship. So I am going to analyze a bunch of "democratic articles".

"Article 215 - Praising a committed crime or a person who committed this crime: up to 2 years (if committed by the means of media, to be increased one-half).

So it means that if someone does not condemn firmly and openly Kurdish guerilla, (if you say, for example, that Kurdish rebellion had serious reasons to start) you could be condemned for praising crimes.

Article 216 (new form of Article 312) - Instigating a part of the people having different social class, race, religion, sect or region to hatred or hostility against another part of the people in a way dangerous for the public security: up to 3 years (if committed by the means of media, to be increased one-half).

Practically, It means : if you pretend to promote another culture than Turkish, (Kurdish, or Assyrian, or Alevi's) you could be charged to instigate hostility between communities. For example if you say that Kurds are not Turkish moutainers, but a real nation, with cultural and national rights... Or if you say, like Assyrians, that they are not only a religion, but a national group.

Article 220/8 (new form of Article 169) - Propaganda of an organization founded for committing crime: up to 3 years (if committed by the means of media, to be increased one-half).

It could concern all Kurdish cultural centers, all private courses for learning Kurdish, all parties, all ssociations (there are a lot for caring of refugees and political prisonners). Just an accusation to have organic links with the PKK and it is enough for throwing everybody in jail.

Article 285 - Spreading confidential information on a legal investigation: up to up to 3 years (if committed by the means of media, to be increased one-half).

A very interesting article : since many years, Turkey is regularly condemned for extra-judiciary executions, unknown-author murderings, etc. Imagine a Turkish citizen, whose son, or father, or daughter, etc., has disappeared (mysterious disappearances is a real problem in Turkey). If that people tries to seek for the truth and interferes in the investigations absence of police investigation, if a journalist makes a report about that question (many disappeared people vanished in police headquarter, or after having been interrogated), then they could be condemned to have spread information on a legal investigation uninvestigation.

Article 301 (new form of Article 145) - Insult to the Turkish flag or to anything having the Turkish State’s symbol (crescent and star): up to 3 years (if committed by a Turkish citizen abroad: to be increased one-third); Insult to the Turkish national anthem: up to 2 years (if committed by a Turkish citizen abroad: to be increased one-third).

It has always existed, not interesting.

Article 302 (new form of Article 159) - Insulting the Turkish national identity, the Republic or the Grand National Assembly of Turkey: up to 3 years (if committed by a Turkish citizen abroad: to be increased one-third); Insulting the Turkish Government, the judicial organs, military or security institutions: up to 2 years (if committed by a Turkish citizen abroad: to be increased one-third).

That is the question, as said Hamlet... "insulting the Turkish indentity" : if you say that you are Kurd you insult the Tukish identity, if you talk about "Kurds in Turkey" you do it to... Or if you suggest that may be, Turkish judicial organs could apply iniquitous laws, or evoke some Barbareous acts committed by Turkish army....

Article 306 - Acting against fundamental national interests for directly or indirectly receiving benefits from foreign persons or institutions: up to 10 years. (According to the statement of reasons for this article, written by the Parliamentary Commitee of Justice, a citizen who demands the withdrawal of Turkish soldiers from Cyprus or declares that the Armenian genocide actually took place during the First World War, can be pursued by virtue of this article).

Or if a Turkish citizen criticizes a possible invasion of Iraqi Kurdistan by Turkey... or saying that Turks have nothing to do in Kirkuk.

Article 319 - Instigating the people against military service: up to 2 years (if committed by the means of media, to be increased one-half).

I you refuse to participate to the next "dirty war" in "South-Eastern Anatolia" mmmh ?

Article 324 - Spreading unfounded news or information during a war: up to 10 years (if committed as a propaganda campaign against the military and in accordance with a foreigner, up to 20 years).

For example, revealing that Turkish army burnt and destroyed near to 4000 villages, or has done crimes against humanity, and crimes of war.

330 - Unveiling the information that should remain confidential for the sake of the State’s security or its internal and external political interests: up to 10 years (if committed during the war or the preparation of the war: up to 15 years).

For example unveiling connexions between military power, mafia and PKK in South-Eastern Turkey...

Article 331 - Unveiling, with the purpose of political or military spying, the information that should remain confidential for the sake of the State’s security or its internal and external political interests: Life prison.

Idem. Or unveiling a gathering of troops at the Iraqi border.

Article 337 - Unveiling the information that is forbidden by the competent authorities and should remain confidential because of its nature: up to 5 years (if committed during the war or the preparation of the war: up to 15 years).

Idem. Or unveiling that members of Turkish secret services prepared some terrorist acts in Iraqi Kurdistan....

Article 338 - Unveiling, with the purpose of political or military spying, the information that is forbidden by the competent authorities and should remain confidential because of its nature: up to 15 years (if committed during the war or the preparation of the war: life prison). (Info-Turk, September 27, 2004)

Idem.

So, as you can see, though Us call Turkey a democracy, and though it could be soonly a UE candidate, there's still hard work to democratize our good friends' institutions...

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