Reforming the Judicial System
The lawmakers wish to institute radical reforms to the Turkish judicial system, bringing it into line with international standards. Most importantly, the criminal code – which dates back to the 1920s, i.e. the period in which the Turkish republic was constituted – is to be thoroughly reformed. It is now completely outdated, not only in its content, but also in its language.
The legislators’ plans include the abolition of the distinction between “heavy” and “light” prison sentences. The death sentence (which was abolished just recently), they say, should be replaced by life imprisonment – under more punitive conditions than currently apply, however.
Radical reforms
In addition, the legislators recommend the creation of alternatives to prison sentences. In the near future, they foresee the option of substituting community service for prison terms of less than two years. They also recommend the introduction of substantial fines or bails for certain criminal offences. It is suggested that women convicted of crimes should have the opportunity of serving their prison terms at home; an electronic surveillance device attached to the ankle would ensure they were kept under control.
In the planned new version of the criminal code, there will also be tougher regulations on the penalisation of torturers. The category of offenders will be enlarged: not only state employees but private individuals will be subject to criminal prosecution for the perpetration of torture. The penalties, too, will be harder: should a torture victim die, the person responsible may face life imprisonment. And should civil servants or state employees be responsible for inflicting torture, the proposed new law recommends jail terms of five to ten years.
A further planned regulation would make it impossible for civilians to be brought up before military tribunals. If implemented, this would constitute a milestone on the road to democracy. (Turkey’s current practice has led to vehement criticism at home and abroad.) In addition, the proposed new laws would entail that certain crimes – such as military and political espionage – will no longer fall within the scope of the military judges.
The armed forces in civil society
In parallel to the amendment of the criminal code, other changes to the law are being prepared, in order to smooth Turkey’s path towards EU membership. In the sixth set of revisions, which will be presented to the EU in December 2003, the function of the armed forces in civil society is redefined. If implemented, the planned alterations will ensure (among other things) that the army-dominated National Security Council – which is, de facto, the supreme authority in Turkey – will no longer send representatives to a variety of government bodies.
Also in planning is a change to the controversial anti-terror law: the removal of Article 8, which places limitations on freedom of thought and opinion. In the past, this Article has served as a basis for severe penalties imposed on numerous intellectuals accused of “propaganda against the unity of the State”.
The restrictions imposed on the Kurds are also to be relaxed. It is proposed that private television stations should be permitted to include Kurdish-language programmes in their range of broadcasts, and that parents should now also be officially allowed to give their newborn children Kurdish names.
Additionally, proposed amendments to the controversial labour laws would introduce fines for employers who provide no social security, as well as prohibiting the employment of children under the age of fifteen.
Hülya Köylü, © Deutsche Welle, 2003