New Anti-Terror Law Carries Heavier Penalties

The proposed amendments to the "Anti-Terror Law" would restrict freedom of thought and expression, as well as people's right to access information, by reinforcing Article Six on "Publishing Statements of Terror Organizations" and by widening the scope of Article Seven on "Terrorist Organization Propaganda."

People charged for offenses under the law--such as Hürriyet newspaper reporter Sebati Karakut, who has been charged under both the 6th and 7th articles for publishing a feature on Murat Karayılan, head of the Kongra-Gel paramilitary group--could now face up to six years in prison.

Kaplan: This opens the door to potential lawsuits

Hasip Kaplan, one of the lawyers specialized on bringing freedom of thought and speech issues before the European Court of Human Rights (ECHR), replied bianet questions of the changes regarding the proposed version of the Anti-Terror Law.

Kaplan said the proposed legislation went completely against the guarantee of freedom of expression found in article 10 of the European Convention on Human Rights, and would open the road for lawsuits against Turkey in the ECHR.

He argued that the changes would cause an about-face in the reform process of creating a more democratic society, and said they contradicted reforms. Referring to article 6, he said that it is "an article that limits press freedom, that silences press contrary to its wishes without any criteria."

A three-year prison term for "publishing announcements" or "terror propaganda"

The version of the law currently in force allows the court to impose a fine of USD 3 to 6 for violating Article 6.

The changes would allow a penalty of "from one to three years of imprisonment." The changes would widen the scope of the definition of a crime under Article 7, which punishes the promotion of terrorist methods, and was first changed in February 2002 to come into accord with the "Harmonization Laws" designed to prepare the Turkish legal codes for EU membership.

It provides for a penalty of six months to three years for a variety of actions deemed to constitute terror propaganda.

Lawyers say that the definitions in the article are problematic according to the fundamental principles of criminal law, and would create obstacles to freedom of thought and freedom of expression.

Reporter Sebati Karakut's sentence would be increased under the proposed law

Hurriyet newspaper reporter Sebati Karakut is being tried under Article 7 for an article he wrote based on interviews with Kongra-Gel militants on Kandil Mountain. The directors responsible for the article, Necdet Tatlıcan and Hasan Kılıç, are also facing charges.

On 10 October 2004, Karakut conducted an interview with Murat Karayılan, one of the leaders of Kongra-Gel, and published it in Hürriyet's Sunday supplement. In the future, people like Karakut could face sentences of as much as six years. Moreover, the scope of the new Article 7 will make it easier to prosecute publishers as well. (EO/EA/YE)