US embassy cable - 03ANKARA3915

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 003915 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 06/17/2004 
TAGS: PGOV, PREL, PHUM, TU, OSCE 
SUBJECT: PENAL CODE AMENDMENTS INCLUDE HUMAN RIGHTS REFORMS 
 
 
REF: ANKARA 1503 
 
 
Classified by Polcouns John Kunstadter; reasons 1.5 b and d. 
 
 
1. (U) Summary: A revised version of the Turkish Penal Code 
(TPC), currently under parliamentary review, includes 
measures that would: expand the definition of torture and 
increase prison sentences for those who commit torture; 
strengthen privacy rights; introduce home detention for minor 
crimes; and punish those who violate religious, political, 
property, and free speech rights.  It would also punish those 
who "ridicule" judicial decisions.  End Summary. 
 
 
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Extensive Overhaul of Penal Code 
-------------------------------- 
 
 
2. (U) The GOT has prepared an extensive overhaul of the 
592-article TPC.  Many of the amendments are technical and 
minor, but some represent significant measures designed to 
help bring Turkey into compliance with EU membership 
criteria.  Parliament is engaged in a long process of 
reviewing and approving each new article (see reftel for 
previously adopted amendments). 
 
 
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Key Amendments 
-------------- 
 
 
3. (U) Key elements of the new TPC include: 
 
 
4. (C) Torture: Simple torture will be punished by 3-6 years 
imprisonment, up from 3-5 years currently.  Civil servants 
convicted of simple torture will be sentenced to 5-10 years 
imprisonment.  Anyone convicted of causing death by torture 
will be sentenced to life without parole, up from 20 years 
currently.  Anyone convicted of causing permanent injury 
through torture will face 12-18 years imprisonment.  In 
addition, torture will be more broadly defined.  Under 
current law, police "maltreatment" is not defined as torture 
unless it occurs as part of a criminal investigation; under 
the TPC revisions, police could be charged with torture for 
beatings unrelated to an investigation. 
 
 
-- Analysis: The extended prison terms for civil servants and 
expanded definition of torture are particularly important for 
eroding the climate of impunity for police who commit 
torture.  Currently, police can beat people on the street and 
risk nothing more than a reprimand for "maltreatment."  The 
new definition of torture is more in line with the standards 
of the European Court of Human Rights, which has often ruled 
against the GOT on torture cases. 
 
 
5. (C) Privacy Rights: Anyone convicted of: listening to or 
recording private conversations; recording others' remarks 
without permission at community gatherings; or violating a 
person's privacy using film or photographs faces fines or 
prison terms ranging from 2 months to 6 years. 
 
 
-- Analysis: Until the mid-1990s there was virtually no legal 
protection of privacy rights, and there were numerous 
complaints of improper recording by government officials or 
press.  These latest reforms are part of a series of legal 
amendments in this field.  Members of organizations 
representing Kurds, non-Muslims, and other groups out of the 
mainstream often complain that their meetings and private 
conversations are taped by the Government. 
 
 
6. (U) Life Sentences: Language related to the death penalty, 
now abolished in peacetime, will be removed.  The maximum 
penalties will be "Heavy Life," meaning life without parole, 
and "Regular Life," meaning possible release after 30 years 
with good behavior. 
 
 
7. (C) Judicial Rulings: "Ridiculing" judicial decisions will 
be defined as a crime, punishable by 1-3 years imprisonment. 
 
 
-- Analysis: Clearly a sour note in an otherwise positive set 
of amendments -- not only restricting free speech but also 
introducing a new crime. 
 
 
8. (U) Crimes Against Humanity: Genocide and crimes against 
humanity will be specifically defined as crimes punishable by 
life without parole.  Founders or members of organizations 
responsible for such crimes will be subject to 10-20 years 
imprisonment and a life-long ban from public service.  It 
will be possible to hold legal entities accountable for such 
crimes.  The statute of limitations will not apply. 
 
 
-- Analysis: MFA contacts have told us these amendments are 
related to Turkey's eventual accession to the International 
Criminal Court (ICC).  Turkey will have to join the ICC 
before becoming a full EU member, and these are among a 
series of legal amendments needed to harmonize Turkish law 
with the ICC. 
 
 
9. (U) Home Detention: For crimes punishable by prison terms 
of two years or less, courts will have the option of 
sentencing convicts to home imprisonment monitored by an 
electronic device.  Courts will also have the option of 
allowing a convict to work at a designated location during 
his incarceration. 
 
 
10. (U) Police Searches: Civil servants convicted of 
conducting improper searches of persons will face 2-6 months 
imprisonment. 
 
 
11. (U) Property Rights: Anyone convicted of obstructing 
someone from purchasing or selling property will face 6-12 
months imprisonment. 
 
 
12. (U) Dissenting Views: Anyone convicted of obstructing the 
lawful expression of dissenting views will face 1-5 years 
imprisonment. 
 
 
13. (U) Religious Freedom: Anyone convicted of obstructing 
lawful religious expression will face 6-12 months 
imprisonment. 
 
 
14. (U) Political Rights: Anyone convicted of obstructing 
lawful political expression will face 6 months-2 years 
imprisonment, or 1-3 years for civil servants. 
 
 
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Comment 
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15. (C) The revised TPC reflects the efforts of a GOT 
committed to make the reforms needed for EU accession. 
However, as with other reforms, the effectiveness of these 
measures will be determined by the qualify of implementation. 
 Some of these measures will be resisted by the judiciary and 
security services. 
 
 
PEARSON