the "Sham Amnesty"
STATE TERROR REINFORCED
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
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
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
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.
APPEALS TO THE CONSTITUTIONAL COURT
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
"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
Kazan said that the last paragraphs of articles 6, 7
and 8 which concerned the press were against the equity principle of
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
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
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
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
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
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.
OTHER CASES OF STATE TERRORISM
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
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
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
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
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
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
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
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
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.
PERSECUTION OF THE MEDIA
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
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
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
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
5.5, the Governor of Istanbul banned a cultural
evening with the participation of folk singer Rahmi Saltuk and poet
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
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.
TURKISH REGIME FOUND GUILTY
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.
TURKEY NOT EVEN SEMI-DEMOCRATIC
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
TURKEY AGAIN ON ILO'S AGENDA
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
LAW TO FIGHT TERRORISM
as published in Turkish in the Official Gazette (Resmi Gazete) on 12
and translated into English by the Human Rights Foundation of Turkey
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.
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
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
Article 3 - Crimes defined in Articles 125, 131,
146, 147, 148, 149, 156, 168, 171 and 172 of the Turkish Penal Code are
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
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
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
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.
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
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
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
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
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
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
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.
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
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 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
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
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
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
b) at the stage of final investigations the crime
expressed in the indictment or according to the changed nature of the
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
2. if a public case is continuing by the competent
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
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
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.
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
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