11.03.2008 - Source: US Department of State

Restrictions on the media by adopting amendments to the Antiterror Law ("Country Report on Human Rights Practices 2007") [ID 22894]

"During the summer of 2006, the parliament placed further restrictions on the media by adopting amendments to the Antiterror Law. Under the amendments, editors at media organizations that disclose the identities of public personnel fighting terrorism may be fined, and a judge may order the closure for up to one month of a publication that "makes propaganda for terrorist organizations." Former president Ahmet Necdet Sezer challenged these amendments in the Constitutional Court, arguing that such restrictions violate the constitution. At year's end, the Constitutional Court had not ruled on the case, and the laws remained in suspension.

During the year cases against the press under the Antiterror Law continued. The TPA and human right's groups reported that the law contains an overly broad definition of offenses that allows ideologically and politically motivated prosecutions. The TPA reported that the Kurdish newspapers and radio stations were closed down periodically and in some cases were raided by security forces. According to TPA, the total cases against pro-Kurdish daily Ozgur Gundem under the Antiterror law reached 550, and its editor-in-chief Hasan Bayar was sentenced to a total of five years and 10 months' imprisonment."

Document(s): Open document

06.11.2007 - Source: European Commission

Fight against terrorism ("Turkey 2007 Progress Report [SEC(2007) 1436]") [ID 22495]

"There has been progress on alignment with the acquis concerning fight against terrorism. The Supreme Council on counter terrorism remains the leading authority. The new Law on the Prevention of Laundering Proceeds of Crime, authorizes the Financial Intelligence Unit which is the Financial Crimes Investigation Board (MASAK), to collect suspicious transaction reports concerning financing of terrorism. Turkey has not ratified the International Convention for the Suppression of Acts of Nuclear Terrorism and the Council of Europe Convention on the Prevention of Terrorism. There has been no progress as to further developing compliance with nine special FATF (Financial Action Task Force) recommendations on financing of terrorism, particularly on freezing and confiscation of terrorist assets."

Document(s): Open document

28.09.2007 - Source: Organization for Security and Cooperation in Europe

Contribution on Turkish anti-terror law; the new law hinders freedom of expression and association ("Written contribution on anti-terrorism [HDIM.NGO/231/07]") [ID 21929]

Document(s): Report

10.10.2006 - Source: International Helsinki Federation for Human Rights

Law on the Fight against Terrorism and minorities ("A Minority Policy of Systematic Negation") [ID 18239]

"The recent amendments to the 1991 Law on the Fight against Terrorism (Act 3713) that were passed by parliament on 29 June 2006 provide for new restrictions on press freedom and it is feared that they will be used to further limit freedom of expression by minorities, especially by pro-Kurdish media. Article 6(2) of the law provides for a three-year prison sentence for “any dissemination of statements and communiques by terrorist organisations.” The owners and editors of news organisations risk a heavy fine. Article 7 (2) states: “Whoever makes propaganda for a terrorist organisation will be sentenced to five years in prison. If the crime is committed by means of the press, the penalty may be increased by half. Owners and editors will also be sentenced to a heavy fine.” Yet, the law fails to define “terrorism,” a fact which gives rise to concern that it will subject to broad interpretation can and misuse, as has been the case already with the old law. A new article (article 8(b)) added by parliament provides for “chain liability,” under which all persons in one way or another involved in the production of an article of a program can be prosecuted and sentenced to heavy fines."

Document(s): Report
Press Release

06.09.2006 - Source: Amnesty International

Unfair trials, especially against those charged under anti-terrorism legislation, continue to blight human rights record despite reforms in law ("Justice Delayed and Denied: The persistence of protracted and unfair trials for those charged under anti-terrorism legislation [EUR 44/013/2006]") [ID 19366]

For information on different cases of unfair trial (under anti-terrorism legislation) consult the original document

"The report highlights the following violations of fair trial rights:

o Lack of safeguards during interrogation in the recent past: incommunicado detention (including denial of access to legal counsel) and inadequate medical examinations

o Failure to investigate allegations of torture or other ill-treatment in police or gendarmerie custody

o Continuing use of statements allegedly extracted under torture or other ill-treatment as evidence for prosecution and in on-going trial proceedings

o Denial of equality of arms and of the right to an effective defence

o Extremely prolonged pre-trial detention(2) in violation of the right to trial within a reasonable time or to release from detention

o Protracted criminal proceedings, in violation of the right to be tried without undue delay

o Failure of courts to conduct thorough, impartial and de novo examination of evidence and its application to law in retrials of cases following European Court of Human Rights rulings which have found Turkey in violation of fair trial provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)."

Document(s): Report
Press release [EUR 44/014/2006]

10.07.2006 - Source: Reporters Sans Frontières

Amendments to anti-terrorism law sufficiently vague so that any member of news media producing a contested article could be prosecuted, especially as several journalists are already charged with collaborating with the successor to outlawed PKK ("Prime Minister warned that terror law changes could impose censorship of Kurdish issues") [ID 17583]

Document(s): Open document

07.06.2006 - Source: Human Rights Watch

Trial of 3 Kurdish activists on anti-terrorism charges after they attempted to stage peaceful protest against recent killings of civilians by security forces ("Turkey: Anti-Terror Law Used Against Peaceful Activists") [ID 17676]

Document(s): Open document

09.10.2002 - Source: European Commission

European Commission: Amendments to Articles 7 and 8 of the Anti-Terror Law ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 13351]

"With regard to legislative changes pertaining to freedom of expression, the first “reform
package”, adopted in February 2002, brought amendments to Articles 159 and 312 of the
Turkish Penal Code, as well as to Articles 7 and 8 of the Anti-Terror Law. The third
“reform package” of August 2002 introduced an additional amendment to Article 159 of
the Penal Code.
The first amendment to Article 159 (“insult to the State and to State institutions and
threats to the indivisible unity of the Turkish Republic”) reduced prison sentences (the
maximum penalty was reduced from six to three years imprisonment, for example), and
abolished the fines imposed for criticising Turkish laws. However, the actual definition
of the offence remained the same. In the second amendment to Article 159, of August
2002, the scope of the provision was amended in the following way: expressions of
criticism of the institutions are no longer subject to penalties unless they are intended to
"insult" or "deride" those institutions. The notion of “intention” is open to interpretation
and only practice will allow the assessment of the full impact of this amendment.
The description of the offence under Article 312 (“incitement to hatred on the basis of
differences of social class, race, religion, sect or region”) was amended. The notion of
incitement … “in a way that may be dangerous for public order” was added as an element
of the offence. According to the authorities, this amendment narrows the scope of Article
312. An additional paragraph in the amended Article introduced a new type of criminal
offence, namely insulting “part of the people degradingly and in a way that hurts human
dignity”, which is punishable by six months to two years imprisonment.
Changes to Articles 7 and 8 of the Anti-Terror Law introduced the notion of “propaganda
in connection with the (terrorist) organisation in a way that encourages the use of terrorist
methods”. Sentences for such offences were increased. Prison sentences for other
offences were maintained or reduced, and the bans on television and radio broadcasting
were shortened, but fines were increased, and the notion of “visual” propaganda was
introduced. Thus, the overall impact of changes to these articles remains to be seen."

Document(s): Open document