Legal experts: Amendment to anti-terror law won't protect journalists

Serkan Alan / Duvar English

Turkey's Ministry of Justice has presented an initial draft of the government's judicial reform package to the opposition, with which Justice Minister Abdülhamit Gül says includes an amendment to anti-terror legislation that will include additional protection for freedom of expression. However, legal experts who have defended a number of journalists say that this is not the case.

On Sept. 23, President Recep Tayyip Erdoğan's ruling Justice and Development Party (AKP) government shared its widely-discussed judicial reform package with the main opposition Republican People's Party (CHP) and the right-wing nationalist Good Party (İP). Critics of the package have remained skeptical that real reform is to follow, given the major problems is dealing with in terms of a politicized judiciary where opponents of the government and critical journalists are routinely targeted for expressing their opinions.

The amendment in question refers to the7^th article of Turkey's anti-terror law, which concernsthe crime for those determined to have been guilty of makingpropaganda for a terrorist organization. The punishment is up to fiveyears for individuals and can be increased to 7.5 years forjournalists who are determined to have transmitted propaganda via apublished article. The amendment aims to add the clause “Statementsof opinion that do not exceed the limits of reporting or are for thepurpose of criticism shall not constitute a crime” to this article.It has been said that this will protect journalists from being triedfor terror propaganda crimes.

Through practical realization can unjust trials against journalists be prevented

“This not a provision that will completely protect reporting and journalism, nor will it prevent unjust charges from being brought against journalists,” said lawyer Veysel Ok, who has defended a number of journalists who have been targeted for their reporting. Ok pointed out that Article 301 of Turkey's constitution already includes a provision for protecting statements of opinion that are made for the purpose of criticism, adding that there are nevertheless many people in Turkey who have or are being tried for being critical or expressing their opinion.

Ok said that not via an amendment butonly through practical realization can unjust trials againstjournalists be prevented, and that this will continue to be a problemunless Turkey's justice system becomes independent and the structureof the Council of Judges and Prosecutors (HSK), the members of whichare appointed by parliament and by Erdoğan himself, is changed.

“It is the government that makesdecisions regarding what is news and what is a statement of opinion,”Ok told Duvar English.

This is just makeup

Akın Atalay, one of the journalists formerly of the opposition Cumhuriyet newspaper who was tried and convicted on terror charges in one of the most high-profile cases against journalists in recent years, also criticized the move as disingenuous.

“They use the judiciary as vehiclefor the continuance of the government and their own preferences andviews and they are not complaining about this. But when society says“enough, let's have a bit of freedom” they put on this kind ofshow. This is makeup, and I don't think this makeup will beeffective, Atalay told Duvar English.

CHP deputy Muharrem Erkek alsoevaluated the amendment as “makeup”, echoing the sentiment ofnumerous critics who argue that reform is impossible without changingthe structure of the HSK.

“Every day we meet with prosecutorsand judges. While the HSK is in it current state they say 'don'texpect any heroism from us.' The head of a political party alonedetermines who constitutes the HSK. In this situation it is comicalto refer to this regulation as reform. This is not reform. Anindependent and impartial judiciary and the establishment of rule oflaw is required for reform. For this, constitutional change isrequired.” Erkek told Duvar English.