TCK Draft Draws Ire from all Circles

Non-governmental organizations, unions, bar associations, and deputies voiced their concern that ambiguous language of the TCK opens it to the possibility of misuse, which in turn could lead to a restriction of freedoms.

Former Justice Minister Hikmet Sami Turk disclosed that the 146th and 159th articles of the TCK, which deal with the freedom of thought, are especially troublesome. Turk emphasized that the implementation of the TCK draft in its current form would be a step backwards from the democratization efforts undertaken for harmonization with the EU.

Turkish Human Rights Commission President Mehmet Elkatmis conveyed his concerns to Justice Minister Cemil Cicek about huge problems that might be encountered if the draft passes. Elkatmis warned: "There are many articles contrary to human rights. It is imperative that the necessary changes be made."

Deputies of the Justice and Development Party (AKP) began to examine the draft as well. Nurettin Aktas said it was necessary to avoid articles similar to the 312th. Prime Minister Recep Tayyip Erdogan was formerly sentenced under the 312th article. "If we restrict the scope of freedom of thought, history will not forgive us," Aktas said.

Nurettin Aktas, who indicated that the TCK was being dealt with again as part of the harmonization process with the EU, dwelt on the importance of rights and freedoms. AKP deputy Aktas reminded that the draft would affect the lives of some 70 million people. "In order to ensure that the law will not cause discomfort, it should be passed with the public conscience in mind. It will be wrong if we do this for the sake of doing it. It is better not to make laws at all than to make these kinds of laws laden with mistakes."

Aktas said a motion would be made in the Parliament requesting that the prohibitive articles be changed.