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
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

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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.

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WILSON