Reforms Not Enough, Implementation Essential
Turkish parliament last week, passed a series of EU-reforms including the abolishing of death penalty in peacetime, granting Kurdish education rights, and easing expression restrictions.
President Ahmet Necdet Sezer has yet to approve the reforms.
Bianet law unit consultant lawyer Fikret Ilkiz, who specializes in communications law, Sanar Yurdatapan, an activist against restrictions on expression, and Mehmet Boncuk, the owner of the Firat'ta Yasam (Life in Firat) newspaper, that is published in Gaziantep in both Turkish and Kurdish, commented on the reforms.
Ilkiz: Abolishing death penalty is a very serious and positive step
Ilkiz, who said that abolishing death penalty in peacetime is a very serious and positive step, expressed that Turkey has yet a lot to do in terms of freedom of expression.
Lawyer Ilkiz had the following thoughts about the reforms:
* The most important regulation was removing the restrictions on the publications printed in other countries. These restrictions were removed with the decision of the cabinet of ministers and by canceling article 31 of the Press Law.
* Prison sentences handed out in accordance with the Press Law have been abolished.
* The parliament approved the right to criticize within the scope of article 159 of the Turkish Penal Code.
* All the laws governing the media should be reviewed in accordance with the criteria in article 10 of the European Human Rights Agreement, which ensures freedom of expression.
Boncuk: Reforms are generally positive
Boncuk, commented on allowing Kurdish education and easing press freedom:
* Allowing Kurdish education and broadcasts is not a social regulation. It only interests people with a certain economic standing.
* The majority of the society has economic problems. It is not that easy to pay and attend private Kurdish classes.
* However, the regulations generally are a positive step for the future of Turkey.
* The success of the regulations concerning freedom of expression will depend on implementation. Especially article 159 of the Turkish Penal Code was implemented in many different ways.
* The opposition media will continue to face problems because the fines are still too high. I don't think that those regulations brought about much relief.
* The fines should be abolished altogether.
* We have not faced any proceedings up to now because of Kurdish publications. If there were any proceedings against us, it would be illegal. The state does not have qualified translators anyway.
Yurdatapan : "The regulations are positive but I am skeptical"
"The regulations brought around by passing the reform package at the last moment, are no doubt, positive steps," says Yurdatapan, who has a cautious approach:
* We cannot rush to be happy because we know that the regulations usually are not properly implemented.
* "If you think that the students who were detained and are still being tried because they had petitioned in favor of having Kurdish as an elective at universities_ will be acquitted, you don't know Turkey enough. These students are not being charged of disseminating "separatist propaganda. They are being charged with helping a terrorist organization, article 169 of the Turkish Penal Code.
* I am also wondering how article 159 of the Turkish Penal Code, "insulting
and humiliating state institutions," will be interpreted.
Freedom of Expression and the Army
* I have been charged with violating article 159 a couple of times. Once, General Cevik brought the case against me with a letter of complaint. General Hilmi Ozkok signed a letter of denouncement about a briefing I had given to BBC, (Who has become the new military chief of Turkey)
* I don't know how the Justice Ministry will react to such complaints from
now on. I don't know how the courts will interpret them.
* We still have a long way to go. But we need to be pleased because these
regulations provide us with new ground in our quest for broader rights.
(EÖ/BB/EA/NM)