PENAL CODE AMENDMENTS INCLUDE HUMAN RIGHTS REFORMS

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 003915

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 06/17/2004
TAGS: PGOV PREL PHUM TU OSCE
SUBJECT: PENAL CODE AMENDMENTS INCLUDE HUMAN RIGHTS REFORMS


REF: ANKARA 1503


Classified by Polcouns John Kunstadter; reasons 1.5 b and d.



1. (U) Summary: A revised version of the Turkish Penal Code
(TPC),currently under parliamentary review, includes
measures that would: expand the definition of torture and
increase prison sentences for those who commit torture;
strengthen privacy rights; introduce home detention for minor
crimes; and punish those who violate religious, political,
property, and free speech rights. It would also punish those
who "ridicule" judicial decisions. End Summary.


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Extensive Overhaul of Penal Code
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2. (U) The GOT has prepared an extensive overhaul of the
592-article TPC. Many of the amendments are technical and
minor, but some represent significant measures designed to
help bring Turkey into compliance with EU membership
criteria. Parliament is engaged in a long process of
reviewing and approving each new article (see reftel for
previously adopted amendments).


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Key Amendments
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3. (U) Key elements of the new TPC include:



4. (C) Torture: Simple torture will be punished by 3-6 years
imprisonment, up from 3-5 years currently. Civil servants
convicted of simple torture will be sentenced to 5-10 years
imprisonment. Anyone convicted of causing death by torture
will be sentenced to life without parole, up from 20 years
currently. Anyone convicted of causing permanent injury
through torture will face 12-18 years imprisonment. In
addition, torture will be more broadly defined. Under
current law, police "maltreatment" is not defined as torture
unless it occurs as part of a criminal investigation; under
the TPC revisions, police could be charged with torture for
beatings unrelated to an investigation.


-- Analysis: The extended prison terms for civil servants and
expanded definition of torture are particularly important for
eroding the climate of impunity for police who commit
torture. Currently, police can beat people on the street and
risk nothing more than a reprimand for "maltreatment." The
new definition of torture is more in line with the standards
of the European Court of Human Rights, which has often ruled
against the GOT on torture cases.



5. (C) Privacy Rights: Anyone convicted of: listening to or
recording private conversations; recording others' remarks
without permission at community gatherings; or violating a
person's privacy using film or photographs faces fines or
prison terms ranging from 2 months to 6 years.


-- Analysis: Until the mid-1990s there was virtually no legal
protection of privacy rights, and there were numerous
complaints of improper recording by government officials or
press. These latest reforms are part of a series of legal
amendments in this field. Members of organizations
representing Kurds, non-Muslims, and other groups out of the
mainstream often complain that their meetings and private
conversations are taped by the Government.



6. (U) Life Sentences: Language related to the death penalty,
now abolished in peacetime, will be removed. The maximum
penalties will be "Heavy Life," meaning life without parole,
and "Regular Life," meaning possible release after 30 years
with good behavior.



7. (C) Judicial Rulings: "Ridiculing" judicial decisions will
be defined as a crime, punishable by 1-3 years imprisonment.


-- Analysis: Clearly a sour note in an otherwise positive set
of amendments -- not only restricting free speech but also
introducing a new crime.



8. (U) Crimes Against Humanity: Genocide and crimes against
humanity will be specifically defined as crimes punishable by
life without parole. Founders or members of organizations
responsible for such crimes will be subject to 10-20 years
imprisonment and a life-long ban from public service. It
will be possible to hold legal entities accountable for such
crimes. The statute of limitations will not apply.


-- Analysis: MFA contacts have told us these amendments are
related to Turkey's eventual accession to the International
Criminal Court (ICC). Turkey will have to join the ICC
before becoming a full EU member, and these are among a
series of legal amendments needed to harmonize Turkish law
with the ICC.



9. (U) Home Detention: For crimes punishable by prison terms
of two years or less, courts will have the option of
sentencing convicts to home imprisonment monitored by an
electronic device. Courts will also have the option of
allowing a convict to work at a designated location during
his incarceration.



10. (U) Police Searches: Civil servants convicted of
conducting improper searches of persons will face 2-6 months
imprisonment.



11. (U) Property Rights: Anyone convicted of obstructing
someone from purchasing or selling property will face 6-12
months imprisonment.



12. (U) Dissenting Views: Anyone convicted of obstructing the
lawful expression of dissenting views will face 1-5 years
imprisonment.



13. (U) Religious Freedom: Anyone convicted of obstructing
lawful religious expression will face 6-12 months
imprisonment.



14. (U) Political Rights: Anyone convicted of obstructing
lawful political expression will face 6 months-2 years
imprisonment, or 1-3 years for civil servants.


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Comment
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15. (C) The revised TPC reflects the efforts of a GOT
committed to make the reforms needed for EU accession.
However, as with other reforms, the effectiveness of these
measures will be determined by the qualify of implementation.
Some of these measures will be resisted by the judiciary and
security services.


PEARSON