A non-government information service on Turkey
Un service d'information non-gouvernemental sur la Turquie


15th Year - N°175
 May 1991
38 rue des Eburons - 1000 Bruxelles
Tél: (32-2) 215 35 76 - Fax: (32-2) 215 58 60
 Rédacteur en chef: Dogan Özgüden - Editrice responsable: Inci Tugsavul

After the "Sham Amnesty"


    o May Day celebrations banned
    o State of Emergency extended
    o Persecution of media goes on
    o Arrest and man-hunting intensified
    o Visits to political prisoners restricted

    The days following the adoption of the new Anti-Terror Law were the days of long holiday. The religious holiday of Ramadan and the national holiday of National Sovereignty came one after the other. The release of thousands of prisoners no doubt increased the joy of these days of rest. Yet, about 2,500 left-wing or Kurdish political prisoners were not allowed to share this joy. They are still in prisons and will remain so because of the discrimination stipulated by the new law.
    The real face of the Ankara regime showed itself a few days later, on the occasion of another holiday.
    The 1st May is the international solidarity day of all workers, celebrated everywhere in the world, except Turkey and a few other countries under repression. When the workers of Turkey attempted to celebrate May Day they came once again face to face with State's repressive forces.   
    It is in this atmosphere of repression that all the month of May was marked by the application of the Anti-Terror Law's repressive provisions.
    The first application of the new Anti-Terror Law was the arrest of journalist Cemal Turan, responsible editor of the newly published monthly Kurtulus. The State Security Court of Istanbul indicted him on May 4 for separatist propaganda by virtue of Article 8 of the new law.
    Same day, in Izmir, the State Security Court sentenced Bayram Günes, by virtue of the new Anti-Terror Law, to one year and eight months in prison for having put some posters on walls on July 16, 1990. In fact, this sentence was entirely unlawful, because any law cannot be applied to an act committed before its entering in force.
    Although the new law abrogated Article 141, 142 and 163 of the Turkish Penal Code, on May 3, a police team raided teacher Gönül Özkan's house in Ankara for taking her to prison for serving a 18-month prison term given months ago by virtue of Article 141.
    On May 10, the public prosecutor opened a legal proceeding against the weekly Yeni Ülke by virtue of Articles 6 and 8 of the new law.
    On May 13, the fortnightly review Emegin Bayragi was indicted by virtue of Articles 7 and 8 of the new law for its publication as regards May Day. The prosecutor claims a fine of up to $100,000.
    Same day, the responsible editor of the weekly 2000e Dogru, Adnan Akfirat, was interrogated, by virtue of the new law, for an interview with the PKK leader Abdullah Öcalan.
    On May 20, the May issue of the monthly Özgür Halk was confiscated by the SSC of Istanbul for having instigated the people to commit a crime by virtue of Article 312 of the Turkish Penal Code. Besides, the review's publisher, Riza Erdogan was interrogated for contravening the new Anti-Terror Law.
    What is more, on May 20, the Justice Ministry, referring to Article 16 of the Anti-Terror Law, issued a directive forbidding all open visits to the political prisoners who cannot benefit from the conditional release or who are newly detained by virtue of the new law.
    Protesting against this repressive measures, hundreds of political prisoners and their parents began to go on hunger strikes throughout the country.
    At the end of May, the parliamentary majority decided to extend the state of emergency for four months from July 19, 1991 in the 10 Eastern provinces of the country: Batman, Bingöl, Mardin, Diyarbakir, Elazig, Hakkari, Siirt, Sirnak, Tunceli and Van.

    The main opposition Social Democrat Populist Party (SHP) applied to the Constitutional Court, on May 10, for the annulment of the Anti-Terror Law.
    Hasan Fehmi Günes, the SHP parliamentary group vice-chairman, said in a press conference that the nine main articles and two temporary ones in the law were against the constitutional principles.
    "The law conflicts with the Constitution and is likely to cause legal chaos since the terror-related concepts in the text were not explicit and therefore included many crimes under the scope of terrorism. The law shows the lawyers and the press as two institutions which aggravate terrorism. No doubt, we are also for fighting terror, however, this should be done through law. The cost of preventing terrorism should not be met by sacrificing rights and democracy. The state should not practice terror either," he said.
    "The temporary articles regarding conditional release created a division among the prisoners, as some would benefit by the law and others would not. This is against the principles of equality and the concept of state of law," he noted.
    Günes also rapped an article in the law which prevented arrest of civil servants who were sued for practicing torture. he also asked for halting the procedure in the transfer of the DISK's assets to the Social Security Institution (SSK). "This is the state's arbitrary expropriation of private goods," he said.
    On the other hand, two military tribunals, one in Istanbul and the other in Ankara, too applied to the Constitutional Court and asked the different reductions in prison terms be lifted.
    As these demands were being sent to the Constitutional Court, this supreme organ of justice, in a move annoying Özal, elected as its presiding judge Mr. Yekta Güngör Özden, who is best known for his harsh criticisms for President Özal. In the third round of the secret ballot, Özden obtained six votes from the 11 permanent members of the court. The press commented the election as a Constitutional Court victory over Özal.

Other reactions to the law

    Istanbul Bar Association Chairman, Turgut Kazan, said on May 7 that articles 1,2 and 7 of the Anti-Terror Law did not conform to the first paragraph of the constitutional article 38 which provided that no one shall be punished for any act which did not constitute a criminal offence under the law in force at the time it was committed.
    Kazan said that the last paragraphs of articles 6, 7 and 8 which concerned the press were against the equity principle of the Constitution.
    He claimed that articles 10 and 14 of the Anti-Terror Law violated the right to defense. Kazan further said that the Penal Code still barred freedom of expression despite the elimination of articles 141, 142 and 163. "Those who used to be tried as political criminals would, from now on, be described as terrorists," he said. Kazan claimed that the low protected informers and would thus, hinder the right to defense.
    On the other hand, the Human Rights Foundation of Turkey (TIHV) has issued the English translation of the new law. In a message accompanying the translation, TIHV says:
    "The Human Rights Foundation of Turkey has welcomed the commutation of death penalties and the conditional release of prisoners. However, the organization is strongly opposing the discrimination among political prisoners and the violation of the principles of equality and justice. In addition, the organization is seriously concerned about the seemingly positive replacement of some articles of the Penal Code by a broadened and rather vague definition in the new law.
    "Even on the first sight it becomes obvious that the Law To Fight Terrorism will increase the cases of torture. While the incommunicado detention period of 15 days remains in force, the new law establishes a number of measures to protect police officers involved in the interrogation of political prisoners from prosecution. The new law results from the attitude of a regime about to continue to violate human rights in every dimension.
    "The Human Rights Foundation of Turkey is calling upon all human rights organizations, groups and individuals concerned with human rights to share our struggle to abolish this new support for torture and human rights violations in Turkey. Do not hesitate to contact us with further questions. We would also like to receive copies of any comments prepared in connection with the new legislation."
    (TIHV-Menekse 2 Sokak 16/6 - 06440 Kizilay - Ankara - Turkey).   


    Just after the proclamation of the sham amnesty, the anti-democratic stand of the Turkish regime was once again proved by the interdiction of May Day celebrations as the workers of 112 countries of the world were freely celebrating it.
    More than 20,000 policemen fanned out in Istanbul to prevent May Day demonstrations. Although various worker and student organizations staged marches despite the official ban on May Day, police using force detained hundreds of people and subjected to torture.
    In many business premises workers stopped working for a short period.
    All the day, police teams stopped cars and passenger buses to search people and identity checks were also made at boat, train and bus stations.
    At the Taksim Square, when a group of some 1,000 demonstrators were stopped by the police and the conflict between two sides resulted in the wounding of 10 demonstrators and 4 policemen.
    The press reported that the number of detainees reached 2,000 only in Istanbul. Hundreds of people too were detained in Ankara and other big cities.
    Prior to May Day, a committee established jointly by trade union leaders applied to the Istanbul Governor to celebrate May Day at Taksim. However, the governor turned down their application on the grounds that it was not appropriate under the Rallies and Demonstrations Law.
    Prime Minister Akbulut, rejecting all applications for May Day celebrations, said May Day rallies had nothing to do with freedom of expression.
    Police operations against the people of organizations suspected to go to celebrate May Day had already started many days ago, offices and houses raided and many people taken into custody.
    The Turkish Trade Unions Confederation (Türk-Is) held an indoor celebration ceremony at its headquarters in Ankara with the participation of trade union leaders.
    Türk-Is Chairman Sevket Yilmaz, addressing the meeting, said: "It is impossible for trade unions to remain silent in Turkey as workers are being attacked in their struggle for bread by people who spend billions TL for crystal chandeliers. Türk-Is will continue its struggle uninterrupted until those people who threaten workers with the closing down of state economic enterprises whenever they demand a wage increase. are removed from their posts."
    Conservative Hak-Is Confederation also celebrated May Day at an indoor meeting in Ankara. Reminding that May Day had never been a communist holiday, Hak-Is Chairman Necati Celik criticized the government of having banned the celebrations.
    SHP leader Erdal Inönü attended workers' May Day indoor celebrations at the Ankara Metropolitan Municipality.
    Speaking at the ceremony, Inönü said that the ruling ANAP was still afraid of May Day being celebrated as a labour holiday
    "Prime Minister did not have confidence in the people since he had not given permission of the celebration of May Day, although Penal Code articles 141, 142 and 163, which bar freedom of expression, had been abolished. When the SHP comes to power, it will pas a law in Parliament to make May Day a legal labour holiday," he said.
    Although many of the detainees have been released a few days after, a number of cases of torture under detention were reported to the press.
    On May 5, nine students detained in Bursa announced that they had started a hunger-strike for protesting against ill-treatment at the police centre.
    On May 6, a high school student, Miss Hatun Özcelik, said after her release that she had undergone electric torture and sexual harassment. Same day in Istanbul, a youth named Cuma Dat applied to the legal medicine for certifying the traces of torture.
    On May 10, Mrs. Gülsüm Bulut, wife of a HEP official, and three days later, Miss. Candan Cömlekci, a university student, announced that they had been subjected to different tortures by police.

Türk-Is leader indicted

    On the other hand, the Chairman of the Turkish Trade Unions Confederation (TÜRK-IS), Sevket Yilmaz was brought, on April 22, 1991, before a criminal court of Ankara for having protested at a press conference a court decision banning the January 3 Workers' Action.
    Accused of having insulted the justice and tribunals, Yilmaz faces a prison term of up to nine years.


    14.4, in Gaziantep, 13 people were detained for aiding the PKK.
    15.4, a series of outdoor meetings for solidarity with the Kurdish refugees, attended by thousands of people in different cities, faced police intervention. During the conflicts eleven people were wounded and 30 arrested.
    16.4, in Diyarbakir, 23 people were arrested for belonging to an illegal organization.
    21.4, in Istanbul, a newly released detainee, Mehmet Ali Eser, said that he witnessed three detainees, Mehmet Ali Eser, Ilknur Burgac and Kadriye Tosun, being tortured by police. Same day, in Izmir, a university student, Mehmet Eroglu, said that he had been tortured during his 12-day police custody.
    22.4, Mrs. Rabia Tuncer, chairwoman of the Nurses' Association, and seven other nurses were brought before a criminal court in Adana for having led a boycott aimed at obtaining trade union rights. Each faces a prison term of up to three years.   
    23.4, in Izmir, two persons were arrested by the SSC, for belonging to an illegal organization.
    23.4, SHP deputy Kamer Genc said that a security officer known as "The Bearded" in Tunceli was applying inhuman methods such as forcing people to lay completely naked on snow or to enter in cold river waters.
    24.4, police detained five people during a meeting in Istanbul for solidarity with Kurdish refugees.
    26.4, in Istanbul, a university student named Ilknur Burgac said that during her 15-day police custody she was subjected to torture such as electro-shock or sexual harassment.
    27.4, a father, Bekir Eristi, said that he had no information on whereabouts of his son Yusuf Eristi who had been taken by police 45 days ago.
    29.4, in Ankara, the People Houses of Cankaya and Keciören were closed down by the order of the governor. Also, fifteen members of these clubs were detained.
    29.4, in Istanbul, the Association of Progressive Youth (DGD) was raided by police and ten people detained. Same day, the People House of Kadiköy too was raided by police.
    29.4, a SHP official, Yasar Kan, was detained in Istanbul and all publications at his home confiscated.
    29.4, police announced the arrest of 25 alleged PKK militants in Izmir.
    30.4, a police operation in Bingöl resulted in the arrest of 15 people.
    5.5, police arrested seven alleged Revolutionary Way (Dev-Yol) members in Istanbul.
    6.5, four French students, Antoine Briet, Jerome Gaudin, Karin Pasguier and Claudine Creen, were detained at the seaport of Mersin for having taken photos, and all their films confiscated.
    6.5, in Istanbul, the Solidarity Association of Construction Workers was closed down by the governor on the charge of leading activities detrimental to the State's integrity. Police confiscated all publications and documents in its local.
    7.5, in Izmir, police operations having launched on April 29 resulted in the arrest of a total of 30 people. They are prevented from seeing their lawyers.
    9.5, two popular mayors of Turkey, Mr. Murat Karayalcin of the Ankara Metropolitan and Mrs. Fatma Girik of Sisli in Istanbul were indicted for having attended a musical festival in Ankara. Tried at a criminal court of Ankara, both face a prison term of up to three years for contravening the Law on Demonstrations.
    10.5, in Ankara, six university students were detained for distributing leaflets.
    12.5, in Adana, police arrested 13 alleged members of the Revolutionary Communist Party of Turkey (TDKP).
    13.5, an opposition deputy, Veli Aksoy, announced that about 30 complaints in relation with torture practices were not dealt with by the Human Rights Commission of the Turkish National Assembly because of the obstruction by the right-wing ANAP and DYP deputies.
    13.5, in the township of Viransehir in the province of Sanliurfa, local chairman of the People's Labour Party (HEP), Sezai Özkan, and eight people were arrested by the SSC according to the new Anti-Terror Law.
    14.5, the Sanliurfa section of the IHD was closed down by the Governor on the Interior Ministry's order, for possessing some banned publications inside.
    15.5, six homosexuals applied to the Public Prosecutor's Office, complaining that they were very often harassed, beaten and kept in custody by the Beyoglu section of the Istanbul Police.
    15.5, three officials of the Human Rights' Association (IHD) in Ankara, Muzaffer Erdost, Hüsnü Öndül and Nurten Caglar, were brought before a penal court for having launched an unauthorized campaign for solidarity with Kurdish refugees. Each faces a prison term of up to six months.
    17.5, in Istanbul, a tradesman named Alaaddin Kürekci died in a hospital to where he was transferred after being kept for 24 hours in a police station.
    18.5, a police operation in Bitlis resulted in the arrest of 180 people. The SHP and HEP officials said that many innocent people were gathered in the village square and subjected to beating and torture.
    18.5, the SSC of Izmir began to try 43 students for having organized Newroz (Kurdish New Year) celebrations on March 21 in Denizli. Each faces a prison term of up to 3 years.
    18.5, a police intervention in a student meeting at the Marmara University in Istanbul resulted in the wounding of ten students and the arrest of six.
    18.5, the SSC of Ankara began to try 17 alleged militants of the TDKP. Each faces a prison term of up to 10 years.
    21.5, in the district of Kulp, 20 shepherds were arrested in the mountains during an operation against the PKK.
    22.5, the Mersin section of the IHD was closed down for ten days by the governor.
    22.5, police detained 25 people in Istanbul in relation with an investigation about TIKKO. Among them is also a Swiz woman, Barbara Anna Kistler.
    22.5, in Ankara, four lawyers of whom Hüsnü Öndül, a IHD official, were brought to the SSC for having carried out a protest demonstration in front of the SSC and having possessed some banned publications. Each faces a prison term of up to 13 years.
    23.5, the Socialist Party (SP) Chairman Ferit Ilsever and 37 other party officials were indicted for having instigated workers to demonstrate on May Day. By virtue of Article 311 of the Turkish Penal Code, each faces a prison term of up to 10 years    .
    24.5, the governor of Denizli banned a meeting by the Correct Way Party (DYP) for protesting against price hikes. Next day, another meeting organized by the same party in Izmir too was banned.
    27.5, during a football match between the Police Force team and the Baykanspor team, the latter's captain, Ural Yildiz, was detained for carrying an armband of three colours: green, red and yellow which are the colours of the Kurdish national movement. The other players of the Baykanspor team said that they were beaten by police after the match.
    27.5, the SSC of Malatya began to try 59 people accused of having participated in a Newroz celebration in Adana on March 20. Among the defendants is also the local IHD chairman, Kemal Okutan.
    28.5, in Mardin, 17 people were arrested for giving aid to an underground organization.
    30.5, the trial of seven lawyers, accused of having insulted the prosecutors of the State Security Court during another political trial, began at the Criminal Court No. 7 of Ankara. Each faces a prison term of up to 3 years by virtue of Article 268 of the Turkish Penal Code.


    On May 19, police reported that two "terroristes", Mrs. Hatice Dilek and Mr. Ismail Oral, had been shot dead during a gun battle in Istanbul. Turkish press reported on May 22 that police killed two people needlessly, rather than in self-defense. The families of the victims said that they neither opened fire on police nor did they try to escape. There were both shot in the head, clearly with the intention of killing them. The families note that the police rushed the bodies through a hurried autopsy, which appeared suspicious.
    The only eye-witness, Dilek's 8-year old son, Cihan Aslan, said at a press conference on May 26: "When I heard noises, I rushed to the living-room. My mother was forced to lay down on the floor. Seeing me, she cried: 'Call your father to take you away.' Thereupon, one of the policemen put his foot on my mother's head. When they were taking my mother out she was in life. There was no blood on her face or body."
    The funerals of the two new victims of the police terror were attended by thousands of people.


    In addition to the application of the new Anti-Terror Law detailed in the first article, the media also underwent the following persecutions:
    22.4, two journalist of the weekly 2000e Dogru, reporter Irfan Tastemur and responsible editor Fatma Yazici, were sentenced each to 9-month in prison for having unveiled confidential information. The sentences were later commuted to a fine of TL 1,360,000.
    22.4, the last issue of the monthly Emegin Bayragi and the first issue of the monthly Yol were confiscated by the SSC.
    23.4, lawyer Zeki Öcal, responsible editor of the weekly Gözlem in Yalova was sentenced to one-year imprisonment for an article praising workers' action of January 3, 1990. The sentence was later commuted to a fine.
    24.4, a French journalist, Michel Eulez was kept in custody for 22 hours in Cukurca (Hakkari) for having reported to his newspaper the incidents at the Turkish-Iraqi border.
    26.4, the teachers of a religious school in Sarigöl (Denizli) were banned by the director to read daily newspapers.
    26.4, the editorial office of the youth review Devrimci Genclik was raided by the police and all documents and publications inside confiscated. Police also detained three journalists and three readers of the review. The home of the editor Tayfun Yüksekbasi was also raided by police.
    27.4, police raided the Ankara office of the monthly Mücadele.
    29.4, the SSC of Istanbul confiscated a book entitled "Freedom to Butterfly's Wing", written by Güney Aslan. Earlier, two other books by the same author, 33 Bullets and The Butchers in Uniform had also been confiscated.
    29.4, the responsible editor of the monthly Yeni Demokrasi, Tuncer Dilaveroglu was placed under arrest by the SSC of Istanbul for insulting police. He alleged that during the police detention he had undergone torture.
    2.5, the editor of the the weekly humour magazine Girgir, Ismail Pehlivan, was sentenced to one year and four months in prison and fined TL 2.8 million for insulting President Ozal and Premier Akbulut.
    4.5, British journalist Robert Fisk, reporter of The Independent, was expelled from Turkey after being detained in Diyarbakir for having claimed in his articles that some Turkish soldiers misappropriated the provisions sent to the Kurdish refugees in Turkey.
    5.5, the Governor of Istanbul banned a cultural evening with the participation of folk singer Rahmi Saltuk and poet Ahmet Arif.
    10.5, three journalists, Ali Kaska, Mehmet Farac and Sedat Attila, were interrogated by the Public Prosecutor for instigating to revolt the student of a vocational school in Urfa .
    11.5, the January, February, March and April issues of the magazine Playboy were declared "publications harmful to minors" by the Council of Censorship.
    14.5, a penal court of Istanbul decided the destruction of the December 1989 issue of Hafta Sonu and the February 1990 issue of Playman for obscenity.
    17.5, the police confiscated, at the Book Fair of Bursa, Lenin's book What Is To Be Done and Leo Huberman's book The ABC of Socialism.
    21.5, a program program producer of the Turkish Radio Television, Birsat Akyazili, was taken into custody in relation with an investigation about an underground organization.
    24.5, the local chairman of the Human Rights Association of Turkey (IHD), Meftun Yücel, was indicted for an article he wrote in a local newspaper about May Day. He faces a prison term of three months for unauthorized declaration.
    24.5, four folk singers, Vahit Akgün, Gani Naz, Becir Bilici and Hasan Hüseyin Demirel, were taken into custody for having performed Kurdish songs at a public meeting.
    29.5, journalist Aydin Engin, who was in self-exile in Germany, was arrested when he returned to Turkey. He will be imprisoned for 103 days for articles that he had written prior to the September 12, 1980 Coup.
    30.5, the weekly 2000e Dogru was sentenced by a penal court of Ankara to pay a fine of TL10 million for having insulted the President of the Republic in an article appeared on January 6, 1991.


    The European Human Rights Commission has found Turkey guilty of violating the European Declaration of Human Rights for its treatment of people during custody and periods of interrogation. The Commission also states that torture is practiced in Turkey.
    The 100-page report, prepared by 23 jurists at the request of the two leaders of the United Communist Party of Turkey (TBKP), has been transmitted to the Ministerial Council of the Council of Europe and will be dealt with by the latter at its July 8, 1991 meeting in Strasbourg.
    Turkish Foreign Ministry officials refused to comment, but a leading professor, Rona Aybay, said that this would put a "lasting stain" on the history of Turkey.


    The annual human rights report of the United Nations only gave seven points out of 40 for the Turkish "democracy". According to this assessment, Turkey is in the last category —that of "less free" countries, ranking with Poland, Tanzania, Yugoslavia, Kuwait, Morocco and Hungary. The criteria for the assessment includes the presence of capital punishment, independent radio and TV, practice of torture, compulsory religious education and the right to establish parties and associations.


    Turkey is again under scrutiny regarding its legislation concerning labour rights and freedoms and security clearance regulations, as these issues come once more on to the agenda of the International Labour Organization (ILO).
    The present labour laws in Turkey have been assessed in a recent report prepared by an ILO working committee to be presented and discussed at the 78th ILO general assembly, which will take place in Geneva in June.
    The ILO Committee evaluated Turkey in terms of Turkey's observance of contract provision No. 98, which governs the right to organize and the right to conclude collective bargaining agreements, and also contract provision No. 111, which forbids discrimination in employment. The report criticized Turks for not giving civil servants the right to establish their perspective unions. It also criticized Turkey for the security clearance regulation it issued last year.
    Referring to contract provision No. 98, the ILO working committee expressed its unease on Turkish legislation regarding binding arbitration, as well as the numerical restrictions on forming or joining a union (for a union to be allowed to represent a work force, it must first have 10 percent of the national work force and at least 51 percent of the work force at a particular work place).
    The report noted that in Turkey, on a number of recent occasions, decrees had been issued ordering the postponement of strikes.



as published in Turkish in the Official Gazette (Resmi Gazete) on 12 April 1991
and translated into English by the Human Rights Foundation of Turkey (TIHV)


Definition and Crimes of Terrorism

Definition of Terrorism

    Article 1 - Terrorism is any kind of action conducted by one or several persons belonging to an organization with the aim of changing the characteristics of the Republic as specified in the Constitution, its political legal, social, secular and economic system, damaging the indivisible unity of the State with its territory and nation, endangering the existence of the Turkish State and Republic, weakening or destroying or seizing the authority of the State, eliminating fundamental rights and freedoms, or damaging the internal and external security of the State, public order or general health by any one method of pressure, force and violence, terrification, intimidation, oppression or threat.
    An organization as described in this Law is constituted by two or more people gathering under a common aim.
    The term organization also includes formations, associations, armed associations, gangs or armed gangs as described in the Turkish Penal Code and provisions of special laws.

Terrorist Criminals

    Article 2 - A member of an organization, founded to attain the aims defined in Article l, who commits a crime in accordance with these aims individually or with others or a member of such an organization though not committing the intended crime, is called terrorist criminal.
    Those who are not members of the terrorist organization, but commit a crime in the name of the organization count as terrorist criminals and are punished like members of the organization.

Terrorist Crimes

    Article 3 - Crimes defined in Articles 125, 131, 146, 147, 148, 149, 156, 168, 171 and 172 of the Turkish Penal Code are terrorist crimes.

Crimes committed for terrorist purposes

    Article 4 - In applying this Law crimes defined in
    a) Articles 145, 150, 151, 152, 153, 154, 155, 169 and the second paragraph of Article 499 of the Turkish Penal Code and
    b) crimes defined in Article 9 part (b), (c) and (e) of the Law 2845 on the Foundation and Criminal Procedure at State Security Courts are terrorist crimes if they are committed for terrorist purposes as described in Article 1.

Increase of sentences

    Article 5 - Penalties of imprisonment and fines imposed according to respective laws in respect to those committing crimes as descried in Articles 3 and 4 are to be increased by one half. In doing so the penalties may exceed the maximum penalty for that particular or any kind of crime. However, in case of heavy imprisonment the penalty may not exceed 36 years, in case of imprisonment 25 years, and in case of light imprisonment 10 years' imprisonment.

Disclosure and publication

    Article 6 - Those who denounce that the crime of a terrorist organization is aimed at certain persons with or without mentioning the name, or who disclose or publish the identity of officials on duty to fight terrorism, or who show these people as targets are to be punished by a heavy fine of between 5 and 10 million Turkish pounds.
    Those who print or publish leaflets and declarations of terrorist organizations are to be punished by a heavy fine of between 5 and 10 million Turkish pounds.
    Those who, in contravention to Article 14 of this Law, disclose or publish the identity of informants are to be punished by a heavy fine of between 5 and 10 million Turkish pounds.
    In the case that one of the crimes defined above is committed by periodicals as described in Article 3 of Press Law No. 5680 their publishers are to be punished additionally by the following amount of a fine: for periodicals issued in less than monthly intervals the fine shall be 90% of the average real sale of the previous month, for periodicals issued monthly or in longer intervals the fine shall be 90% of the real sale of the previous issue; for printed works that are not periodicals or periodicals starting business the fine shall be 90% of the monthly sale of the most selling daily periodical. In any case the fine may not be less than 50 million Turkish pounds. Responsible editors of these periodicals are to be given half the sentences of the publishers.

Terrorist Organizations

    Article 7 - Under reservation of provisions in Articles 3 and 4 and Articles 168, 169, 171, 313, 314 and 315 of the Turkish Penal Code those who found organizations as specified in Article 1 under any name or those who organize and lead their activities are to be sentenced by imprisonment of between 5 and 10 years and a heavy fine of between 200 million and 500 million Turkish pounds; those who join these organizations are to be sentenced by imprisonment of between 3 and 5 years and a heavy fine of between 100 million and 300 million Turkish pounds .
    Those who assist members of organizations constituted in the manner described above or make propaganda in connection with the organization are to be sentenced by imprisonment of between 1 and 5 years and a fine of between 50 million and 100 million Turkish pounds, even if their offence constitutes another crime.
    In case that this assistance is provided in buildings, premises, offices or extensions of associations, foundations, political parties, professional or workers' institutions or their affiliates, or in educational institutions or students' dormitories or their extensions the sentences mentioned in paragraph 2 will be doubled.
    In addition, activities of associations, foundations, trade unions and similar institutions, found to have supported terrorism, will be banned and the institutions will be closed down by a court's decision. Assets of these institutions will be confiscated.
    If the offence of propaganda in connection with an organization as mentioned in paragraph 2 is committed by a periodical according to Article 3 of the Press Law No. 5680, their publishers are to be punished additionally by the following amount of fine: for periodicals issued in less than monthly intervals the fine shall be 90% of the average real sale of the previous month, for printed works that are not periodicals or periodicals starting business the fine shall be 90% of the monthly sale of the most selling daily periodical. In any case the fine may not be less than 100 million Turkish pounds. Responsible editors of these periodicals are to be given half the sentences of the publishers and a sentence of between six months and two years' imprisonment.

Propaganda against the indivisible unity of the State

    Article 8 - Written and oral propaganda and assemblies, meetings and demonstrations aiming at damaging the indivisible unity of the State of the Turkish Republic with its territory and nation are forbidden, regardless of the method,. intention and ideas behind it. Those conducting such an activity are to be punished by a sentence of between 2 and 5 years' imprisonment and a fine of between 50 million and 100 million Turkish pounds.
    If the offence of propaganda as mentioned in the paragraph above is committed by a periodical according to Article 3 of the Press Law No. 5680, the publishers are to be punished additionally by the following amount of a fine: for periodicals issued in less than monthly intervals the fine shall be 90% of the average real sale of the previous month, for printed works that are not periodicals or periodicals starting business the fine shall be 90% of the monthly sale of the most selling daily periodical. In any case the fine may not be less than 100 million Turkish pounds. Responsible editors of these periodicals are to be given half the sentences of the publishers and a sentence of between six months and two years' imprisonment.


Criminal procedure

Competent court

    Article 9 - Offences within the scope of this law are to be tried in state security courts; and for those committing one of these crimes or participating in these crimes, the provisions of this Law and the Law No. 2845 on Foundation and Criminal Procedures at State Security Courts will be applied.

Representation by and contact to a lawyer

    Article 10 - In applying this Law
    a) Defendant and intervening party may be represented by a maximum of three lawyers.
    b) Defendants in pre-trial detention or convicts may have contact to a lawyer under supervision of a detention centre or prison official.

Length of detention

    Article 11 - People detained because of crimes according to provisions of this Law are to be presented to a judge within 48 hours; in case of collective crimes within 15 days, excluding the time it takes to bring the suspect from the detention place to the nearest court.

Testimonies of interrogators (those keeping record)

    Article 12 - Police chiefs and officers interrogating suspects and witnesses of crimes within the scope of this Law or writing reports about the event or facts may, if necessary, testify in court as witnesses. However, if they are called to testify, their testimony has to be taken in a close hearing.

Suspension and commutation to a fine

    Article 13 - Sentences imposed under this Law cannot be commuted to a fine, converted to other measures or suspended.

Non-disclosure of the identity of informants

    Article 14 - The identity of those providing information about crimes or criminals within the scope of this Law are not to be disclosed, unless the informant has given permission or the nature of the information constitutes a crime for the informant.

Trial without imprisonment

    Article 15 - In case that chiefs and officers of police and intelligence or other officials on duty to fight terrorism are publicly prosecuted because of crimes allegedly committed during the course of their duty, they are to be tried without imprisonment
    In case that chiefs and officers of police and intelligence or other officials on duty to fight terrorism are publicly prosecuted because of crimes allegedly committed during the course of their duty, they are to be represented by a maximum of three lawyers whose fees are to be paid by the responsible institutions regardless of legal fees for lawyers.
    In case that chiefs and officers of police and intelligence or other officials on duty to fight terrorism allegedly committed crimes during the course of their duty, the provision of the Law on Prosecution of Civil Servants will be applied in case of negligent offences and other failures, except for crimes of murder and attempted murder.


Execution of sentences

Execution of sentences and preservation of pre-trial detainees

    Article 16 - The sentences of those convicted under the provisions of this Law will be executed in special penal institutions built on a system of rooms for one or three people.
    In these institutions, free visits are not allowed. Contacts between the convicts and communication with other convicts will be prevented.
    Among the convicts who served at least one third of their sentence in good conduct and have less than three years to serve until their conditional release may be transferred to other closed penal centres.
    Those held in pre-trial detention for crimes within the scope of this Law are to be kept in detention centres as described in paragraph 1. The provisions of paragraph 2 are also applied for pre-trial detainees.

Conditional release

    Article 17 - Those convicted within the scope of this Law are to be released conditionally after 36 years' imprisonment, if their death penalty is not ratified by the Grand National Assembly of Turkey; after 30 years' imprisonment, if they were sentenced to life imprisonment; or after three quarters of other terms of imprisonment, if they served their sentences in good conduct without a separate application.
    Those among them who escaped during pre-trial detention or as convicts, or who attempted to escape, or who were convicted for insurrection against the prison administration and those who as a disciplinary punishment received three sentences of solitary confinement will not benefit from conditional release, even if their disciplinary punishment has been lifted.
    Convicts under the provisions of this Law who commit another crime within the scope of this Law after their sentence has become legally binding will not benefit from conditional release.
    The provisions of paragraph 1 and 2 of Article 19 and additional Article 2 of the Law No. 647 on the Execution of Sentences will not be applied for these convicts.

Construction of Prisons and Detention Centres

    Article 18 - For the construction of prisons, detention centres and custodial buildings according to Article 16 of this Law, the provisions of Article 89 of Law No. 2886 on Public tender will be applied.


Miscellaneous provisions


    Article 19 - Those, to be specified by the Ministry of the Interior, who help to detain criminals within the scope of this Law or provide information about their whereabouts or identity will get a financial reward according to the Law No. 1481 on the Prevention of Certain Crimes against Public Order.
    The Ministry of the Interior will take measures to protect those receiving a reward.

Measures of Protection

    Article 20 - The State will take necessary protective measures for officials involved in fighting terrorism and anarchism or officials of judiciary, intelligence, administration and military who carry out such duties, police chiefs and officers, the Director-General and deputy Director-General for Prisons and Detention Centres, prosecutors and directors of prisons and detention centres for the preservation of terrorists, judges and prosecutors of state security courts and those who left such duties and those who become or are made open targets for terrorist organizations and witnesses and informants who assist to disclose such crimes.
    These protective measures include plastic surgery to change the physical appearance, alteration of registration records, driving licences, matrimonial certificates, degrees and other documents, arrangement of military service, rights of mobile and immobile property, protection of social security and other rights.
    In applying these measures the Minister of Interior and institutions concerned are bound by all rules of secrecy.
    The basics and rules of protective measures will be specified in guide-lines to be prepared by the Prime Ministry.
    Officials as mentioned above are entitled to use arms in order to fend off attacks by terrorists on their lives, their wives (husbands) and children even if they have left their duty.

Pension of invalids and support for spouse and orphans

    Article 21 - In case that an official is injured, left disabled,. dies or is killed as a result of being confronted with terrorist activities in the course of his duty at home or abroad, even if they had abandoned their status, the provisions of Law No. 2330 on Monetary Compensation and Pension will be applied. In addition,
    a) The total of the pension for invalids, or the spouse and orphans of those killed who are entitled to a pension, may not be less than the pension of their colleagues on duty; if pensioners are killed the monthly payment for their spouse and orphans may not be less than their monthly pension according to the Law. In case of deficiency the difference will be paid by the social security institutions and reimbursed by the Treasury.
    b) Those left invalid while benefiting from public accommodation at home or abroad and spouse and orphans of those killed who are entitled to a pension, except for those living In particularly provided houses according to the Law for Public Housing, will continue to benefit from public accommodation for one year. Those who after that year leave public housing and those not benefiting from public accommodation and those living in particularly provided houses will on application be paid rent by the State for residence within the country for 10 years. Those living in particularly provided accommodation abroad will on application be paid the rent abroad by the State for one year.
    c) In connection with benefiting from accommodation loans, the provisions of additional Article 9 of the Law No. 2559 on the Duties and Competences of the Police will be applied; also for invalids or their spouses, and if their partners are not alive or have married, for their children.
    d) Invalids, spouses and their minor children of those killed travel free of charge on State Railroads, City Maritime Lines and on communal means of transport.
    In case that spouses and orphans cease to be entitled to a pension according to the provisions of the institutions of social security, they will not be entitled to any other right provided in this Article.

Support for other people suffering losses from terrorism

    Article 22 - Citizens who are not civil servants but suffer from terrorist activities by loss of life or property will get privileged support from the Fund of Social Welfare and Solidarity. The scope and amount of the support will be determined by the local authorities of the Fund.


Temporary provisions

    Temporary Article 1 - In connection with crimes committed until 8 April 1991:
    a) Death sentences will not be executed. Convicts in this situation will have to serve 10 years of the sentences they have to serve according to Article 19 of Law No. 647 on the Execution of Sentences,
    b) Convicts sentenced to life imprisonment will have to serve 8 years of their sentences,
    c) All others sentenced to punishments restricting personal liberty will have to serve one fifth of their sentences of imprisonment.
    After serving these terms they will be conditionally released regardless of good conduct and without having to apply.
    The times of pre-trial detention will be included when calculating the terms.
    The provisions of reduction in additional Article 2 of Law No. 647 on the Execution of Sentences will not be applied for these convicts.
    Temporary Article 2 - In connection with suspects in pre-trial detention because of crimes committed until 8 April 1991:
    The minimum limit of the expected sentence provided in the Law will be considered
    a) at the stage of preparatory investigations according to the nature of the crime taken as the basis for the indictment
    b) at the stage of final investigations the crime expressed in the indictment or according to the changed nature of the crime,
    and if the pre-trial detainee has been imprisoned for a period as defined in temporary Article 1, the detainee will be released within 30 days of this Law entering into force,
    1. before a public case was started by the prosecution,
    2. if a public case is continuing by the competent court,
    3. if the case is pending at the appeal or military appeal court by the competent court or the chief prosecutor.
    Defendants awaiting a public case or against whom a public case was started earlier will be tried. In the case that the defendant does not appear in court, the testimonies to the prosecutor or in front of a Judge will be taken as sufficient. Following the final verdict at the end of the trial, the provisions of conditional release according to temporary Article 1 of this Law will be applied.
    Temporary Article 3 - Those who, following the publication of this Law, are to benefit from the provisions of temporary Article 1, but have received disciplinary punishment because of damaging actions against the prison discipline, will not benefit from the provisions of temporary Article 1 until their disciplinary punishment is lifted according to the Statute on Administration of Penal Institutions and the Execution of Sentences.
    Temporary Article 4 - Those who until 8 April 1991:
    a) killed or attempted to kill civil servants or officials on duty in actions defined in this Law as terrorist actions even if they abandoned their status, and those who participated in such crimes,
    b) committed crimes according to Articles 125, 146 (except for the final paragraph), 403, 404-1, 405, 406, 407, 414, 416 (first) and 418 of the Turkish Penal Code,
    c) violated provisions of the third chapter in the second part of the Turkish Penal Code entitled "crimes against the Administration of the State", and those who in contravention to the banking Law unjustly and irregularly received money from banks, those who in opposition of Law No. 1918 on the Prevention and Prosecution of Smuggling, obtained an advantage, those who conducted irregular, fraudulent and fictitious transactions of export, import and investment incentives and by doing so obtained unjust deduction of taxes, premiums, loans, difference of interest and similar advantages from public sources and those participating in such offences regardless of whether or not the time limit for such offence was exceeded, unless they repaid the unjust and irregular advantage they obtained,
    d) those who committed crimes according to Articles 55, 56, 57, 58 and 59 of the Military Criminal Code,
    will not benefit from the provisions of temporary Article 1. However, death penalties imposed because of crimes mentioned in this Article will not be executed. These convicts will be released conditionally regardless of good conduct and without application;     after 20 years if they were sentenced to death, after 15 years if they were sentenced to life imprisonment, and after one third of all other sentences of imprisonment.
    The times of pre-trial detention will be included when calculating the terms.
    The reducing provisions of additional Article 2 of Law No. 647 on the Execution of Sentences will not be applied for these convicts.
    The provisions of temporary Article 2 (except for the reference in the last paragraph to temporary Article 1) and Article 3 of this Law will also be applied for these convicts.
    Temporary Article 5 - In order that those who, according to chapter (g) of Article 25 of Law No. 403 on Turkish Citizenship, lost their Turkish citizenship can benefit from the temporary provisions of this Law; there will be no condition for them entering the country within two years after the law has entered into force and their entry at the border will not be prevented.
    Temporary Article 6 - Until special constructions for penal institutions have been built, pre-trial detainees and convicts of terrorist crimes will be kept in other penal institutions.
    Temporary Article 7 - The provision of Article 17 of this law will be applied for those who commit crimes within the scope of this Law after this Law as entered into force.
    Temporary Article 8 - The provisions of Article 21 of this Law will be applied beginning on the first day of the month following the entering into force of the Law for all those included in this law since 1 January 1968.
    Temporary Article 9 - The mobile and immobile property and the income from such property of Confederations and Trade Unions affiliated to Confederations whose administration was handed over to an inspector by a court's decision prior to this Law entering into force and based on provisions lifted under Article 23 of this Law and all their monetary possessions will, according to Article 46 of Law No. 2821 on Trade Unions, be handed over to the competent institution to make savings; the mobile and immobile property of associations and foundations will be handed over to the Treasury.

Provisions abolished

    Article 23 -
    a) Law No. 2 on High Treason
    b) Law No. 6187 on the Protection of Freedom of Conscience and Meetings
    c) Articles 140, 141,142 and 163 of Turkish Penal Code No. 765
    d) Article 5, chapter 7 and 8 and Article 6, chapter 2 of Law No. 2908 on Associations
    e) Law 2932 on "Publications in Languages other than Turkish"
    are abolished.

Entering into force

    Article 24 - This Law will enter into force on the date of publication.


    Article 25 - This Law will be implemented by the Council of Ministers.

    12 April 1991