http://www.zaman.com/?bl=national&alt=&hn=24986
Draft of CTA to Lead to Martial Law Published: Thursday, October 06, 2005 zaman.com While Turkey begins negotiations for full European Union (EU) membership, the country's continual oscillation between freedom and security never stops. Attempts to make some changes to the Counter- Terrorism Act (CTA) have aroused concerns that further limitations will be put on human rights and liberties. In fact, a group of officials in the department of justice formed a commission with representatives of security forces to draw up a draft, which proved the worries right. Jurists and non-governmental organizations have urged that the draft covers precautions which are so tight that they could possibly lead to a nationwide state of emergency and Martial Law. Ilker Basbug, Vice President of the General Staff, made a speech on 19 July 2005, which marked the beginning of debates over changes to the CTA. Basbug in a meeting with top-level directors of newspapers, television companies and news agencies, emphasized that the CTA should be revised in order to meet the requirements. Soon after this statement to the media, members of the commission that the department of justice had already decided to form gathered to draw up a draft of the CTA. Criminal lawyer Professor Feridun Yenisey presided over the 33-member commission which consisted of academics, officials and a large number of representatives of the General Staff, the Gendarmerie, and the Police. "Despite the limited authority, the Turkish Armed Forces (TSK) keeps fighting against the terrorist organizations in a self-sacrificing manner," said Chief of General Staff Hilmi Ozkok while the Commission was working on the draft. Meanwhile, security forces suggestions about the CTA draft were leaked to the press. In the daily newspaper Vatan on 18 August 2005, there was a story saying that the Counter-Terrorism Act had been revised and changed to meet the demands of the army. The draft contained items of measures and penalties similar to those in the State of Emergency Act (SEA), the news story disclosed, adding further attention to the need to ban the kind of people who are suspected of conducting terrorist activities from staying in a particular residence and to denying them freedom of travel facilities. Likewise, it was also reported that records of fingerprints and samples of DNA must be kept and communications must be secretly followed. Non-governmental organizations respond negatively to things of that kind, which are anathema to the adjustment laws that have been issued recently in Turkey with a view toward to strengthening the notions of democratization and liberty. The department of Foreign Affairs circulated a written statement that the draft should not include Article 8, which had been removed from the Act in accord with the adjustment laws, and particular attention should be paid to avoid those things that are most likely to damage Turkey's attempts to become part of the EU. At the beginning of September, the Commission presented Cicek the draft, which it took one and a half year to prepare. On September 5, the Minister briefed the cabinet about the draft and presented a copy to Prime Minister Recep Tayyip Erdogan. In an announcement later, he said the draft will be evaluated by a commission to be formed by AKP. Reports in the press about the much awaited law draft attested the rightness of the concerns and the criticisms which were expressed by lawyers and non-governmental organizations. Hurriyet's leading article in 10 September 2005 communicated the assessment that with the new draft, clauses 141st, 142nd and 163rd abrogated from the TCK were reinstated. The article included the following remarks from the lawyers: "Contrary to the old law, the text does not contain the terms `brute force' and `violence' in the definition of terror. Speaking out one's opinion and any other non-coercive and non-violent action will become a terrorist act. If the draft becomes law, then it will also be possible to consider an isolated person a terrorist. According to this law, many criminals, for instance those who siphon money from banks, can be counted as terrorists. The old 141st, 142nd and 163rd clauses defended the same views in a more compact manner and by binding the formation of an organization with a condition. The 141st, 142nd and 163rd are coming back ever more forcefully than before." Under the heading, "impression will suffice," Hurriyet reported that the security forces could, because of an impression, implement such measures as locally limiting the means of communication of a suspect, restricting the suspect's freedom to travel, banning the suspect from using certain services or facilities and from performing certain activities. Hurriyet furthermore reported that two drafts were brought in to the commission formed by officials from the Turkish General Staff, Security, Gendarmerie, Justice Ministry and Interior Ministry and two academicians. A fierce debate took place on the first accepted draft while the second draft, which envisaged shocking measures, still waited before the commission, according to the paper. The article claimed that the commission received a second draft that had three clauses as a supplement to "preventive measures," that the second draft's content was demanded by the General Staff and that the commission was asked "not to modify it." The second draft assigned "super authorities" to governors, to police and to the gendarmerie, Hurriyet reported. That same day, Aksam's leading article was also about the new anti- terror act. Aksam underlined that the new act envisaged measures similar to those of martial law. "From forced entry to domiciles to the travel restrictions, the clauses do not make one miss the martial law order." On September 11, Zaman indicated that the 141st, 142nd and 143rd clauses of the TCK, which were abrogated in 1991 under the leadership of Turgut Ozal on the ground that they limited freedoms of speech, had come back with the counter-terrorism draft act. Furthermore, the arrangements about the preventive-measures, undertaken as an alternative draft, would make possible the implementation of martial law without any limits on time or space, Zaman noted. Lawyers are worried Lawyers, assessing the new arrangements to be brought in with the Counter-Terrorism Act (CTA), have expressed concern that the democratic rights obtained through long years of politic struggle will be eroded using the recent terror incidents as an excuse. In case the preventive measures brought in by the security forces in the commission which prepares the CTA draft become law then they can be used to implement emergency state and even martial law. According to the new arrangement, in case there is high and close risk that terror crimes will take place then the security forces can impose limitations on the freedoms to travel, to exercise a profession or a trade, to stay in a certain residential area and to communicate, of those they regard as suspects. Some of these measures can be applied to people who are perceived as suspects can be implemented without a court decision by administrative decisions by a Governor, a district governor and the officials of the security forces. In situations where a court decision is necessary but a delay is risky, the decision of the republic prosecutor will be enough. The lawyers point out that, apart from the preventive measures, the ambiguity of the articles titled "the definition of terror," "terror criminal" and "financing of terror" can cause the victimization of innocent people because of their views or their commercial activities. Individual acts becomes terror crimes Although terror crimes are regarded in general as organized crimes, the new CTA contains a definition of terror that can be so interpreted that people who have no organizational contacts can be tried as a terror criminals due to their individual behavior and activities. It has been proposed to insert the paragraph, "any criminal activity perpetrated in order to force a foreign state or an international establishment to act or not to act in some way, to harm the fundamental, constitutional, political, legal, economic and social organization of the country or the international establishment or to render these unstable are regarded as terror crimes," into the first article, entitled "the definition of terror," into the current act. Lawyers, noting that that paragraph contains equivocal expressions, underline that according to this paragraph individuals who live abroad and have no organizational links can be treated under the category of a terror criminal. A terror crime must involve coercion and violence, whereas with the expression "any criminal activity," persons can be tried and convicted as terror criminals even if their behavior is individual, non-coercive and non-violent. No conditions of brute force and violence might cause setbacks Similarly, it is said that an amendment made in Article 2 titled "Criminals of terror" might pave the way for misapplications. The second paragraph of Article 2 of the existing act states: "Those, who commit crimes in the name of a terrorist organization, are also considered as criminals of terror even though they are not members of any organizations". This expression is suggested to be amended as the following: "Those, who commit crimes in the name of a terrorist organization or with the aims that were defined in the first article, are also considered criminals of terror even though they are not members of any organizations. The expression "the aims that were defined in the first article", however, does not mention which method a person uses to determine with which aims they act. Because any conditions regarding the method of a crime either committed by force or violence or pressure are not set in the second paragraph, persons, who are not members of any organizations, will be able to be punished only because of their thoughts or commercial or social activities by uttering analogies with the aims of some organizations. Arrangements for financing to put traders into difficulty An arrangement regarding the Issue of financing of terrorist organizations is made for the first time with the draft. While lawyers criticize the writing of Article 8, titled "Financing of terror", it is indicated that if the article is approved in its existing form, legal action could be taken on some traders in various areas, putting them in the status of criminals of terror, based on false assumptions. According to Article 8, "Anyone, who provides or collects funds directly or indirectly by being aware of that these funds will be used in plotting of terror acts, either partly or fully, or by intending to make them used in such acts, will be sentenced to prison for between one and five years and a fine from 150 up to 500 days." The plotter will be punished in the same way although the fund is not used in terrorist acts. These penalties will also be implemented to managers or supervisors of companies or associations. The last paragraph of the article defines a fund as, "Money or every kind of commodities, rights, claims, incomes or benefits, and benefits and values resulting from conversion of these into each other that the values of which can be expressed in terms of money." Jail sentences rather than fines for press A fine in Article 6, titled "Deciphering and Publishing/ Broadcasting", which closely interests the press, is being converted to a jail sentence. Accordingly, those who decipher, broadcast those persons will be committed crimes by terrorist organizations or identities of public officials that partook in fighting against terrorism, and those, who show persons as targets in this way, will be sentenced to jail from one up to three years. Similarly, those, who broadcast or publish statements by terrorist organizations and promote terrorist organization leaders in the eye of public opinion, will be sentenced to prison for between one year and three years. The existing act includes implementation of fines rather than jail sentences for these crimes. Abolished Article 8 Returns In the current draft, important changes are planned in article 7 of the Counter-Terrorism Act (CTA). It is expressed that some paragraphs added to this article have the capacity of bringing back some provisions in article 8 that was abolished with laws of adaptation. According to the new arrangements planned to be added to the article, any person who is not a member of an organization but who commits crime on behalf of the organization will also be punished for being a member of the organization. A person who is not included in the hierarchical structure of the organization but helps the organization knowingly and willingly will be punished as the organization member. Any person who works in order to form a public opinion in favor of the fact that the terrorist organization is operating for legitimate means, and that the actions performed in the frame of its goals are right or at least should be considered excusable, will be punished with between 6 months and 3 years imprisonment without consideration of whether he is member of the organization or not. Those who wear emblems or symbols of an organization in a way that will show that they are members or supporters of the organization, those who cover partially or fully their faces in order to hide their identities in meetings or demonstrations, those holding placards, banners or pictures expressing the aim of an organization or shouting such slogans, and those who perform actions to introduce new members to an organization will be punished with between 6 months and 3 years imprisonment. If these crimes are committed in buildings, locals, offices or additional places belonging to the societies, foundations, political parties, labor and trade unions or to the supplementary establishments of these or in educational institutions or boarding houses or in the additional buildings of these, the punishments will be doubled. Constitutional freedoms restricted Some of the decisions that can be taken about suspects under the title of preventive measures are as follows: It will be possible for the person to be banned from getting or using the materials suitable for use in committing crimes; the use of certain services or facilities and some activities may be banned; performing a profession or art may be banned; communication means may be locally restricted in the place where the crime will be committed; a person may be prevented from residing in a certain place; entries-exits to a settlement or certain area may be restricted; traveling may be restricted; passport, driving license and all kinds of similar authorization and documents owned by an individual may be temporarily confiscated; fingerprints and DNA samples may be taken on the condition of being used in a crime investigation and prosecution; and individuals may be obliged to report to the police on certain days and hours. Doors opened to arbitrary actions According to the precautionary measures set in the draft, such officials in authority as the governor, the head official of a particular district, the police chief, and the commander of gendarmerie are eligible to restrict on the basis of intelligence reports the rights and freedoms of the kinds of people who are suspected of committing a crime in the future. The following is a list of precautionary measures that are thought to be binding on the suspects: 1) The suspect will be banned from having or using materials or equipment that are convenient for committing a particular crime. (To be specified by administration.) 2) The suspect will be banned from making use of some services or organizations or banned from conducting some activities. (To be specified by Judge.) 3) The suspect will be given a limited number of opportunities to have a particular job or to work on a particular art-related subject. (Judge) 4) The suspect will have a limited number of opportunities to use means of communication in a particular in the area where they are suspected of committing a crime, and limitations on communication throughout the region will also be imposed proportionately. (Judge) 5) The suspect will not be allowed to stay, either regionally or locally, in a particular residential area or in a particular place during a certain period of time. (Administration) 6) There will be limitations on entering a place or leaving from there during specified hours on specified days. (Administration) 7) The suspect will be given limited license to share their residential area, house and workplace with other people. (Judge) 8) The suspect will have a restricted access to means of transportation. (Administration) 9) The suspect will temporarily be deprived of their licenses and important papers such as the driving license and passport. (Administration) 10) Photographs, DNA samples and fingerprints of the suspect can be used to identify them as long as they are subject to official investigations or prosecutions. (Judge) 11) The suspect has to inform the local police during specified hours or on specified days about their activities and transactions that are planned in advance. (Administration) ------------------------ 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. 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