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----- Original Message -----
Sent: Friday, June 15, 2001 3:11 PM
Subject: "Garantita l'impiccagione di Ocalan" (Turkish Daily News
15.6.01)
Questo è il titolo di
testa di oggi del Turkish Daily News, "vetrina" per l'estero della Turchia
"liberal" (!).
Non è un campanello d'allarme, è una
campana...
Scusate per la mancata traduzione in
italiano. Questa sera speriamo di far partire il bollettino Newroz 2001, con il
notiziario ordinario - che comprenderà anche i dettagli di questa riforma-farsa
della Costituzione turca, su cui ovviamente la stampa italiana
tace.
Colgo l'occasione per ricordare a tutti/e
la necessità di far pervenire osservazioni aggiuntive o critiche al documento
"Azad, tre anni dopo: convivere con il terremoto" entro questo fine
settimana.
Un abbraccio
Dino Frisullo
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Constitutional
amendments bill prepared by all parties sees the death penalty abolished but,
in line with MHP's wishes, kept for periods of war, transition to war and
terrorism
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MHP's Kose points out
that draft does not allow Kurdish broadcasting
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While it is made harder
to dissolve political parties, the technical majority required by the
Constitution has been raised to a three-fifths majority
The All-Party Parliamentary Accord Commission has reached a
consensus on 37 of 51 proposed constitutional amendments. The amendment
regarding the death penalty has been accepted as the Nationalist Movement Party
(MHP) wanted it. While the bill ensures that Kurdistan Workers Party (PKK)
separatist terrorist leader Abdullah Ocalan can be hanged, an extra provisional
article sees to it that he will never be covered by any amnesty.
Speaking at a press conference together with all the
commission members, commission chairman and Parliament Deputy Speaker Nejat
Arseven said the 37-article document was far from being finalized. He said it
would be submitted to the political party leaders for their views and approval.
Arseven stated that should the party leaders all approve of the bill, the
process of getting it brought to Parliament and legislated could begin. He went
on to say that the commission was going to continue its work looking at
amendments concerning the president, the Higher Education Board (YOK) and the
independence of the Judiciary.
The amendments agreed upon are:
- By amending Article 38 of the Constitution, restrictions
are put on the death penalty effectively abolishing it except for crimes of
terrorism and for criminal acts committed during war or transition to war. The
MHP's view as regards executing Ocalan are reflected in this amendment.
- A provisional article added to the bill states the
provisions expanding the scope of amnesties shall not apply to crimes
committed before the law goes into effect. This effectively prevents Ocalan
getting any reprieve.
- By means of an amendment to Article 87 of the
Constitution concerning the duties and powers of Parliament, the restrictions
on Parliament issuing general and specific amnesties have been lifted by
removing the phrase "with the exception of crimes committed under Article 14".
This had meant that crimes of terrorism and crimes against the state could not
be subject to amnesties. Now, these crimes as well as those committed under
the controversial Article 312 of the Turkish Penal Code (TCK) can bow be
pardoned. In addition, the size of majority required for an amnesty to be
passed by Parliament has been increased to three fifths or 330 seats.
- While the bill preserves those articles of the
constitution it is a crime even to suggest amending (Articles 1,2 and 3), it
is also stated that freedom of expression and broadcasting shall not be used
to ensure these articles are amended. MHP's Ismail Kose said that as Article 3
states, "The state, country and nation of Turkey are an indivisible whole and
the language is Turkish," no permission was given for broadcasts in Kurdish.
In contrast to this, by means of a provision stating that the forms,
conditions and procedures to be used when exercising freedom of expression and
of broadcasting be determined by law, some leeway is afforded to the matter of
TV/radio broadcasts in Kurdish.
- By amending Article 69, it becomes harder to dissolve
political parties. Just what constitutes the crime of becoming a focal point
for unconstitutional activity requiring party closure has been defined. As the
Virtue Party (FP), currently waiting a verdict to see if it will be closed
down or not, wants, in order to dissolve a party it will necessary for party
members to consistently act unconstitutionally and for the party leadership to
condone it. Furthermore, rather than dissolve a party, the Constitutional
Court will rule to deprive the offending party of state funds. In addition, a
three-fifths majority vote is sought in accordance with the new bill.
- An amendment to Article 118 replaces the phrase "MGK
decisions will be given priority notice" to "will be taken into account'. This
allows a measure of flexibility when it comes to complying with MGK decisions.
The bill also sees the Justice Minister becoming a permanent member of the MGK
and the right to vote given to deputy prime ministers in times of coalitions.
- The last paragraph of Provisional Article 15, which
prevents anyone from questioning in the courts laws and decrees passed by the
military regime between 1980-82, has been lifted. Cases to have these laws and
decrees overturned can now be opened.
- While it was expected to see deputy's immunity from
prosecution limited to just when he/she was speaking at the rostrum, the bill
in fact preserves it as it is today. A new provision calls for a secret vote
to have a deputy's immunity revoked by Parliament. Should a deputy lose his
immunity but then be reelected, any case against him will continue, according
to a new provision.
- Another provision calls for secret ballot when voting to
have ministers put on trial at the supreme court. In addition, a 10-day time
limit has been imposed on the discussion of investigation commission reports
in order to speed up the process.
- The application period for Parliamentary Speaker
candidates has been reduced to five days from 10.
- Article 86 has been amended to ensure that deputies get
cushy pension rights.
Ankara - Turkish Daily News
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