World Bulletin / News Center
On behalf of NGOs Necmi SADIKOGLU, the president of TGTV(The Foundation of Volunteer Organizations of Turkey) gave the following press statement
A year ago legislative change was suggested in Fighting Terror Law and the draft was debated in various circles. The draft was withdrawn as it caused serious recation, yet now the same draft is tried to be imposed on the people in a heavier and more dangerous form. As you might remember, in 2005 just before the draft was brought on to the agenda, some terrorist actions and provocations had taken place just like what happened this time round. Yet those incidents were not enough to make people accept the draft which would have made things worse. And once the draft was withdrawn the provocative actions came to an end. Recent suspicious incidents might as well have aimed to prove the draft necessary. Bombings and terrorist actions in the southern east region. And the coming back of TV reports of soldier funerals. Some bombings were blamed on public officials. And some people have been arrested as part of that. Repression followed even before the draft passed the parliament.
The chairman of Turkish Grand National Assembly Mr Bülent Arýnc told the assembly in his 23 April speech that the parliament and the related commissions were completely sidelined in the preparation of National Security Policy Document which is an important document in terms of domestic and foreign policy and dangerously named as "the secret constitution". We as non-governmental organisations condem the restriction of the functions of the parliament. The ugly attacks on the chairman of TBMM for saying that the decisions of the Parliament in improving the freedoms and democracy, and a national consencus were the two most fundamental principals, are unacceptable. Under this frame the new FTL draf is unacceptable for it will lay the basis for the actions and ideas of our people to be interpreted as terror and open the way to practices similiar to state of emergency.
We as the representatives of non-governmental organisations state that the draft FTL which is brought forward to limit the civil initiatives and all similiar structures should be subject to legal supervision. Some powers are trying to put a serious and dangerous pressure on the legislation and implementation. As these efforts continiue freedoms and rights get violated and restricted. The supremacy of law wants to be sacrified for dirty dealings. Many innocent people get treated as terrorists and pushed to the terrorist camp because of provisions that are against the law and arbitrary implementation of legislation. Unfortunately even the members of legal profession can become the instruments of this process. Even the prosecutors can receive punishments that are against the law.
Fighting Terror Law can not prevent terror as it was claimed, it can only increase it. It can push people towards terrorists. The country does not need fighting terror law but the supremacy of law. Equality of all infront of law is needed. It is needed that those who want to issue orders to prosecutors and judges to stop it. This country needs the independence of the judiciary, the superiority of law and the rule of parliament. The draft aims to punish the intentions together with actions. No legal system punishes intentions. Only actions which makes a difference in reality in a way to damage a person or the public can be punsihed. There is no crime that goes without punishment under the present sytem. All the offences covered by FTL are already punished under TPC. Yet this sort of laws usually punish actions which should not be considered as crime since they are prepared with a mentality of fighting.
The method of Fighting Terror Laws is to increase punishments, increase repression and restrict rights and freedoms as much as possible. Weakening of democracy means strengtening of militarism and "deep" secret structures. Let no one be misled by the name "Fighting Terror" . The legal system is already fighting terror, terrorists and the crime. No terrorist goes without punishment at the moment. Everyone knows that no terrorist will go unpunished under the present laws. The real aim of the draft is to repress the citizen, the civil society and politics, freedom of expression and freedoms in general thus establishing the domination of interest groups over democratic will of the people using terror and security as excuses.
If the draft becomes law as it is; 1. It will restrict the freedom of expression of citizens not the terrorists. 2. Rights to assembly and demonstrate will be restricted. 3. Freedom of press will be under the threat of prison sentences. 4. Non-governmental organisations will be treated as "terrorist organisation without arms". 5. Right to have and exchange information will be seriously restricted. 6. It will be possible to try and punish someone as a member of a terrrorist organisation with 15 years of imprisonment on the basis of a sign used at a demonstration. 7. An innocent donation can be tried as providing financial aid to terror. 8. The defense will be weakened. 9. Money awards will encourage people to falsely blame people. Such a legislation only reflects desperation and is an embarrasment for a state of law. 10. Prison terms will be used against innocent citizens.
Those who make the law will bear the social and political cost of it. We as representatives of the civil society are calling on to the members of the parliament. People do not want FTL. People want a "state of law". People want "the supremacy of law" . People want justice and freedom not repression. We are against Fihting Terror Law which is becoming "Fighting the People Law".Last Mod: 20 Eylül 2018, 18:16