TURKEY: PARLIAMENT TO ADOPT ANTI-TERROR LAW

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 002206 SIPDIS SIPDIS DEPARTMENT FOR EUR/SE E.O. 12958: DECL: 04/21/2026 TAGS: PGOV PREL PHUM OSCE TU SUBJECT: TURKEY: PARLIAMENT TO ADOPT ANTI-TERROR LAW Classified by Deputy Polcouns Charles O. Blaha; reasons 1.5 (b) and (d). ¶1. (U) The GOT on April 18 submitted to Parliament a package of amendments to the Anti-Terror Law. Parliament is expected to adopt the package by early May. Key elements of the draft include: Tougher Domestic Anti-Terror Provisions -------------- -- Terrorist Propaganda: Anyone convicted of publishing the propaganda of a terrorist organization or disclosing the names of terrorist informants would face a jail term of one to three years; under current law, convicts are subject to a fine. A judge would be authorized to close a media outlet for 15 days to one month if he determines that the outlet is praising or encouraging terrorism. In "urgent" cases, a public prosecutor would have this authority. -- Banners and Emblems: Anyone convicted of carrying the emblem of a terrorist organization, or banners or pictures supporting the goals of a terrorist organization, or chanting slogans in support of a terrorist organization, would face one to three years in prison. If the crime is committed "through the media," the sentence would be increased by half. -- Financing Terrorism: Anyone convicted of "knowingly and willingly" providing or raising funds for terrorist crimes would face a prison term of one to five years. -- Suspects' Rights: A public prosecutor could order that only one relative be informed of a suspect's detention. A suspect would be able to consult only one attorney during detention. A judge could approve a prosecutor's request to suspend a suspect's right to consult an attorney for 24 hours during detention; however, during this period authorities cannot take the suspect's testimony. At the request of a prosecutor, authorities can restrict a defense attorney's access to court files if this is deemed necessary to protect the investigation. A judge would be authorized to have attorney-client conversations monitored, or to examine documents passed between an attorney and a client, if he has reason to suspect the attorney is passing information or instructions between a suspect and a terrorist organization. -- Anti-Terror Forces: In cases where security forces are accused of committing crimes in the performance of anti-terror operations, judicial authorities can release the �A;suspects pending the outcome of their trial. -- Right to Open Fire: Security forces involved in anti-terror operations are authorized to use firearms "without hesitation in a balanced and proportionate way" if suspects attempt to resist with arms when ordered to surrender. -- New "Terror" Crimes: A number of crimes covered in the Penal Code would be considered terrorist crimes, and the sentences for these crimes would be increased by half. Such crimes would include: immigrant smuggling, human trafficking, encouraging suicide, sexual exploitation of minors, discouraging people from performing military service, inciting a crime, smuggling of artifacts, and prostitution. Criticism from Press, Scholars -------------- ¶2. (U) The Turkish press has criticized a number of these draft measures. Journalists argue that the bill would impinge on freedom of expression by giving judges and prosecutors new powers to shut down print and broadcast media. They are also concerned that journalists could be punished for covering stories involving the symbols or slogans of terrorist organizations. A number of legal scholars have argued that the legislation would treat conscientious objectors and artifacts smugglers as terrorists and allow authorities to file charges against the parents of children ANKARA 00002206 002 OF 002 who take part in demonstrations involving the symbols of terrorist organizations. Some commentators have also alleged that the measure allowing security forces to be released pending trial is aimed at the Jandarma officials currently facing trial for their alleged involvement in a November 2005 bombing in the Hakkari province town of Semdinli. ¶3. (U) However, FM Gul has publicly asserted that legislation would not constitute a step backward on human rights. He said the law would "distinguish between terrorists and ordinary citizens." No Change in Terror Definition -------------- ¶4. (C) Whereas the draft amendments would make Turkey,s domestic anti-terrorism regime harsher, they leave the existing core definition of terrorism unchanged. Currently, terrorism is defined in terms of attacks on Turkish citizens or the Turkish state, potentially leaving international terrorists outside its scope. This definition was left unchanged despite longstanding recommendations of an interministerial committee of experts -- reportedly supported by FM Gul -- who sought to bring the Turkish definition into line with Turkey,s international commitments, specifically the UN Convention on the Suppression of Terrorism Financing. The unchanged definition is likely to hurt Turkey in its upcoming Financial Action Task Force mutual review, expected to take place in September. ¶5. (C) Post is seeking further clarification of the definitional issue -- we do not yet have a definitive understanding of it. A Justice Ministry official told us the draft law would not hamper international cooperation against terrorism. More Steps Ahead -------------- ¶6. (U) Comment: This draft legislation has several procedural steps ahead before it becomes law, and it could be changed along the way. It will first go to parliament's Justice and Interior committees before being debated by the full parliament. We will continue to follow it as it moves toward approval. End Comment. Visit Ankara's Classified Web Site at http://www.state.sgov.gov/p/eur/ankara/ WILSON