http://www.zaman.com/?bl=national&alt=&hn=24985

HR Commission to Scrutinize New Counter-Terrorism Draft Act 

By Habib Guler 

Published: Thursday, October 06, 2005 
zaman.com 
œ Draft of CTA to Lead to Martial Law (Updated) 
The new Counter-Terrorism Draft Act (CTA), the subject of recent 
public debates in Turkey over its inclusion of ambiguous expressions 
and anti-democratic articles, is coming to the agenda of Turkish 
Parliament.

Turkish Minister of Justice Cemil Cicek will inform Parliamentary 
Human Rights Commission members about the draft on Thursday. 
Commission members, who indicated they were following up the process 
closely, will convey to Cicek their sensitivities about the Act. gWe 
will examine the draft meticulously and in detail. We will be 
careful about whether or not some concealed drawbacks were included 
in the act or not,h said Atilla Maras, spokesman for the Commission, 
noting they would take care not to allow articles restricting 
freedoms to be included in the act. 
The Turkish Ministry of Justice still has some concerns over the 
draft act, which has been prepared jointly by officials from General 
Staff, Gendarmerie, National Intelligence Service (MIT), and 
Security Directorate. 

The draft has been subject to criticisms that it includes some 
prohibitions lifted by former Turkish President Turgut Ozal. It has 
been revised by a Commission formed within the Justice and 
Development Party (AKP). 
The Human Rights Commission members, who will be addressed by 
Minister of Justice Cicek, will once again express the sensitivity 
of public opinion today. 
Commission spokesman Maras emphasized the new act should not 
restrict human rights and freedoms. 

Stressing that Turkey has renewed several laws during the European 
Union (EU) process, Maras said: gAll articles restricting human 
rights in our laws have been excluded in recent years. If the former 
articles are re-included, no one would accept this. The new act 
should not harm peoplefs freedoms and rights. We will examine the 
draft meticulously. If we find any drawbacks or violations of human 
rights in it, we will raise questions about them.h 

Tokat Deputy Resul Tosun, a member of the Commission, said the new 
law is based on the perspective of fighting against terrorism and 
should not put innocent people into the position of the aggrieved. 
Explaining they would struggle not to allow current rights to be 
reduced, Tosun indicated he found public debates very challenging 
and useful. He thinks recent debates have avoided some drawbacks 
that might have been included in the act without any notice. Manisa 
Deputy Hakan Tasci, another member of the Commission, underlines 
that the new CTA should be balanced so as not to restrict civil 
liberties but also to reduce the problems that security forces are 
faced with. Tasci, urging for the need to avoid ambiguous 
expressions, suggests, gIssues regarding expression of thoughts with 
no use of arms or organized protests should not be labeled as 
crimes.h 

Some deputies from the main opposition Republican Peoplesf Party 
(CHP), who are also members of the Commission, share similar 
concerns. 

Izmir Deputy Ahmet Ersin maintains they expect enactment of a law, 
which will not block democratic rights. Highlighting that democratic 
rights have been extended in legal arrangements on fighting against 
terrorism in all countries, Ersin demands such a method to be 
applied in the new CTA. Gaziantep Deputy Ahmet Yilmazkaya, on the 
other side, argues that existing laws should be practiced primarily 
rather than enacting new laws. Yilmazkaya explains that if existing 
laws are implemented, there would be no need for new ones to be 
enacted in the fight against terrorism, saying: gOur aim is to make 
all society rest easy. Thatfs why peoplefs rights should not be 
restricted. The Commission shall do whatever is necessary on this 
issue.h 
According the September 10 leading article of Hurriyet newspaper, 
the CTA draft might serve as a ground for any kind of crimes gto be 
considered as an act of terrorh. 

For instance, those who commit crimes in the name of an illegal 
organization, even though they are not members of it, will be able 
to be punished as if they had committed a terrorist act. The new 
arrangement will also be able to open the door to implementation of 
martial law with no limitation on time and space. Security forces 
will be able to put restrictions on suspected peoplesf freedoms of 
travel, or of participating in certain occupations or activities, or 
to stay in a certain settlement and communicate. Individuals will be 
able to be considered as terrorists apart from any organization.
 
Aksam newspaper also announced the same news under a headline 
of gLike Martial Lawh. The AKP later conducted a study on the draft 
that was submitted to the Cabinet by the Minister of Justice. 
The Commission composed of AKP Deputy President Dengir Mir Mehmet 
Firat and Hayati Yazici, State Minister Nimet Cubukcu and Yozgat 
Deputy Bekir Bozdag excluded restrictions that were aimed to be put 
on democracy and freedoms from the text and decided the definition 
of gterrorh to remain in the text as it was defined in the Turkish 
Penal Code (TCK). A file including the amendments was sent to Prime 
Ministry Under Secretariat. 






------------------------ Yahoo! Groups Sponsor --------------------~--> 
Fair play? Video games influencing politics. Click and talk back!
http://us.click.yahoo.com/VpgUKB/pzNLAA/cUmLAA/TySplB/TM
--------------------------------------------------------------------~-> 

--------------------------
Want to discuss this topic?  Head on over to our discussion list, [EMAIL 
PROTECTED]
--------------------------
Brooks Isoldi, editor
[EMAIL PROTECTED]

http://www.intellnet.org

  Post message: [email protected]
  Subscribe:    [EMAIL PROTECTED]
  Unsubscribe:  [EMAIL PROTECTED]


*** FAIR USE NOTICE. This message contains copyrighted material whose use has 
not been specifically authorized by the copyright owner. OSINT, as a part of 
The Intelligence Network, is making it available without profit to OSINT 
YahooGroups members who have expressed a prior interest in receiving the 
included information in their efforts to advance the understanding of 
intelligence and law enforcement organizations, their activities, methods, 
techniques, human rights, civil liberties, social justice and other 
intelligence related issues, for non-profit research and educational purposes 
only. We believe that this constitutes a 'fair use' of the copyrighted material 
as provided for in section 107 of the U.S. Copyright Law. If you wish to use 
this copyrighted material for purposes of your own that go beyond 'fair use,' 
you must obtain permission from the copyright owner.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml 
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/osint/

<*> To unsubscribe from this group, send an email to:
    [EMAIL PROTECTED]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/
 



Reply via email to