28 September 2001, Copyright © Turkish Daily News

Time to redefine the concept of threat, says Defense Minister

Ankara stages the 5th International Defense Industry, Aviation and Navigation Fair (IDEF-2001), yet under different circumstances this time.

Turkey is aware of these different circumstances, which the world has been introduced after the terrorist act, according to the statement of Defense Minister Sabahattin Cakmakoglu in the opening ceremony.

Cakmakoglu claimed that the concept of 'threat' must be redefined, taking the recent terrorist attacks and the world's attitude in general in consideration. Cakmakoglu said defense industries must be consolidated, if what the world looks for is a safe world, solid to any sort of attacks.

Defense Minister noted in his speech that the world faces an era where science and technology rapidly facilitate almost every aspect of life including education, communication and health. Cakmakoglu said all these progresses contributed much to the peace and prosperity of the international community. Minister Cakmakoglu followed:

"Nevertheless, in spite of all these progresses; conflicts, economic disputes and political

Ankara - Turkish Daily News

Death penalty for terrorists in Constitution

Provision lifts death penalty for heinous crimes less those committed in war, transition to war and by terrorists; this closes any escape from the noose for Ocalan
Amendments to Article 38 of the Constitution concerning the death penalty eventually passed with 368 votes after extra provisions drew reactions from deputies

An amendment to Article 38 of the Constitution ensures the death penalty for terrorists but lifts it for non-terrorist heinous crimes. This sees provisions in the Turkish Penal Code (TCK) concerning the death penalty written into the Constitution for the first time. In addition, the amendments close off any escape from the noose, Kurdistan Workers Party (PKK) separatist terrorist chieftain Abdullah Ocalan, condemned to hang under Article 125 of the TCK, might have had.

The proposed amendments to Article 38 comprised Article 15 of the amendments package and came with controversy. Speaking on behalf of opposition True Path Party (DYP) Ayvaz Gokdemir opposed the lifting of the death penalty for heinous crimes and said they were going to vote against it. Other provisions added to Article 38 also prompted reactions from the deputies.

The voting on Article 38 saw the lowest number of "Aye" votes in the program to date. The amendment was accepted with 368 votes. Against were 25 votes, while eight deputies abstained, 10 submitted empty voting slips and as in most of the previous votes one deputy submitted an invalidly marked paper. In order for this article to get accepted it will need to secure at least 330 votes in next week's second round of voting.

A provision scrapping the death penalty apart from in times of war or transition to war as in Article 2 of the Sixth Protocol of the European Human Rights Convention has been included. In addition, the death penalty has been introduced for those crimes defined as terrorism in the Anti-Terrorism Law Article 1.

During the debate, many deputies noted that the term war and transition to war was too vague, while Constitution Commission chairman Turhan Tayan said it also included threat of war. Upon being warned by Foreign Relations Commission chairman Kamuran Inan and Motherland Party (ANAP) deputy Mehmet Ali Irtemcelik, a proposal changing the wording to "immediate threat of war" submitted by all the parties and closer to the European Human Rights Convention was accepted. Accordingly, the provision now reads, "war, immediate threat of war and terrorist crimes."

Another provision added states that illegally obtained evidence will not be acceptable in a court of law.

By means of another provision added to Article 38 and in line with the Fourth Protocol states, "Nobody shall be deprived of their liberty simply for failing to carry out their responsibilities arising from an agreement." ANAP's Beyhan Aslan said this provision would ensure that people who bounce checks, fail to produce a statement of wealth and those farmers unable to pay their debts would not end up in prison. In contrast to this, Saadet (Happiness and Contentment) Party's Cevat Ayhan said this provision would see those who drained the coffers of their own banks, a common occurrence recently, get out of jail. Yet, Tayan said that as these people were charged with embezzlement, fraud and abuse of trust or mafia crimes this provision would not affect them in any way.

Right to hold meetings and demonstration marches

By means of an amendment to Article 34 of the Constitution, which governs the right to hold meetings and demonstration marches, this article now falls into line with the European Human Rights Convention. Accordingly, everybody has the right to stage protests marches without securing prior permission, provided there are no weapons or aggressive behavior entailed. Restrictions to this right can be imposed only on account of national security, public order, prevention of crime, general health, general morality or to preserve the rights and freedoms of others. These arrangements will be determined by law.

The provision stating that meetings and marches may be banned and that ban enforced for up to two months has also been removed. The provision banning Associations, foundations, labor unions and public professional organizations from holding meetings exceeding their own scopes and aims has also been lifted.

This was the 13th article in the amendments package and saw 466 deputies vote on it of whom 447 voted for, 15 against, three abstained and one voting slip was unmarked.

Fair trial

An amendment to Article 36 of the Constitution saw the right to a fair trial added to the freedom to claim rights. The new article reads: "Everybody has the right to a fair trial through litigation either as plaintiff or defendant before the courts through lawful means and procedure. No court shall avoid looking at any case within its jurisdiction."

This article was voted on by 457 deputies, of who 437 voted for, 14 against, three abstained and three voting slips were returned empty.

Claiming rights

By means of an amendment made to Article 40 of the Constitution, it now becomes easier for individuals to seek their rights before the criminal and magistrates courts right up until the end. A sentence saying, "The state is obliged to make known what legal avenues and offices the relevant people should apply to in their proceedings as well as the time periods involved."

Of the 420 deputies that voted on this amendment, 407 voted for and 13 against.

Sexual equality

By means of an amendment to Article 41, the concept of male-female equality enters the Constitution. The first paragraph has been amended to read, "The family is the foundation of Turkish society and is based on equality between spouses."

Only 426 deputies voted on this the 17th article of the amendment package. Of these, a low 393 voted in favor, with 23 voting against. There were two abstentions, three empty and three invalid voting slips.

Expropriation

An amendment was made to Article 46 of the Constitution to the effect that individuals from whom property is expropriated shall not be made to lose out on interest when payments are made or delayed. Compensation is also to be paid in full but if payment is to be paid in installments, the period should not be any longer than five years.

Ankara - TDN Parliament Bureau

Article 5: Army calls for solid evidence

Gen. Tolon: In order for NATO Article 5 to be enacted, it has to be proven conclusively the attack was carried out from outside the country

Commander Aegean Army Gen. Hursit Tolon has expressed the need for concrete evidence the attack on the United States was carried out from abroad in order to enact NATO Article 5, the Anatolia news agency reported yesterday. Having recently been appointed to the position of Commander Aegean Army, Gen. Tolon was inspecting bases under his command followed closely by journalists, who asked him his personal opinion regarding the terrorist attack on the United States and subsequent developments.

"If we approach the fight against terrorism defining it as a war then we will unavoidably encounter several problems because this would make the terrorist the aggressed party in a war. If this happens then according to the Geneva Conventions, several rules of war become valid. This is why I do not see the fight that is to be waged as a war," said the general.

Gen Tolon also called for patience. "Fighting terrorists will not eradicate the problem of terrorism because it has many aspects: social, economic, military, cultural etc. While extinguishing one fire, we should be careful not to fan other fires," he said. As for what kind of support Turkey might lend to any operation, Gen. Tolon said that would be a political decision to be taken by Parliament and the politicians. He said Turkey would give full support even if the countries of the West would not, but that the type and timing of this support would be subject to Parliament.

Gen. Tolon noted that throughout the fight against Kurdish separatist terrorism, Turkey had always asked for NATO Article 5 to be enacted but that these requests had always fallen on deaf ears. "Now the United States has raised the issue of enacting Article 5, but there are conditions attached. It can only be enacted if proven that the attack was orchestrated from outside the country. Another issue is that the possible battlefield is outside of NATO's area of responsibility. This requires a new resolution," he added.

Ankara - Turkish Daily News

Protester dies in death fast, raising toll to 37

After months of surviving on sugared or salted water, Zeynep Arikan starved to death on Thursday, becoming the 37th person to die in a protest by leftist militants against new high-security prison system.

Arikan, 33, died in a house in an Istanbul suburb where some 10 other left-wing militants are also fasting, the prisoner support group Ozgur Tayad said.

Arikan, a member of the Revolutionary People's Liberation Party-Front, or DHKP-C, a banned Marxist group, was released from prison in July when her condition deteriorated. She continued to refuse food after her release and fasted for a total of 340 days, Ozgur Tayad said.

There is little public sympathy for the death fasters, most of them convicted members of fringe leftist organizations that have claimed responsibility for numerous attacks, bombings and assassinations since 1970s.

Two weeks ago, the DHKP-C claimed responsibility for a suicide bomb attack close to Istanbul's main square which killed the bomber, two policemen and an Australian woman. DHKP-C said it carried out the attack in support of the prisoners.

Some 200 prisoners and their supporters started fasting last year after prison authorities transferred inmates from large, dormitory-style wards to prisons with one- or three-person cells.

Clashes broke out in December, when security forces began transferring inmates to the new prisons. Thirty inmates and two soldiers were killed in the clashes.

Prisoners claim the new prison system leaves them isolated and vulnerable to beatings from guards and demand a return to the wards. Authorities say the prisoners ran the wards as indoctrination centers and have ruled out any return to the ward system.

Ankara - Turkish Daily News

Sezer notes importance of tourism for world peace

Sezer: In attaining this aim, the first condition is for people to act sensitively and without discrimination

On the occasion of World Tourism Day, President Ahmet Necdet Sezer pointed to how the terrorist attack on the United States had deeply affected all of mankind and said, "Tourism not only creates employment and income but is also one of the principle vehicles for ensuring lasting peace in the world; without doubt it is going to take on a new role in seeing a mood of peace and optimism reigns once again in the world," the Anatolia news agency reported yesterday. A statement issued by the Presidential Press Office noted that President Sezer believed that advances in communications and transport technology had added a continuous and unstoppable element to intercultural activities and that the importance of tourism in bringing together people from different countries had increased. He said that tourism had turned all the countries of the world into a market that people paid close attention to.

President Sezer said these developments had increased competition to gain the most revenue from tourism and had necessitated the identification and application of tourism policies that were based on an individual's happiness and would answer the industry's needs. He further drew attention to Turkey's qualities as a tourist paradise and pointed out the significant increase in the number of tourists coming to Turkey in the first eight months of the year as compared to the same period last year and said this was a gratifying development but still not enough when the country's resources and tourism potential was taken into account. He then called for smarter tourism policies so that Turkey could realize its full tourism potential.

Ankara - Turkish Daily News

Bomb explosion in Ankara kills two brothers

Police believe incident was 'own goal'

A bomb explosion killed two teen-age brothers at a cemetery in Ankara on Wednesday evening, the Anatolia news agency reported yesterday. Police were investigating whether they were suicide bombers who died when the device detonated prematurely, police chief Hasan Yucesan said. Police were put on alert after the incident. Yucesan identified the victims as 17-year-old Recep Kor and his 18-year-old brother, Idris Kor.

Yucesan said an investigation was still under way to determine whether they were linked to an outlawed group. Police found an emptied hand grenade shell at the scene, Yucesan said. Four suspects are already being questioned in connection with the explosion. Police sources said the bomb might have been strapped to the belly of one of the victims, while privately run NTV television said the two might have been planning an attack marking the second anniversary of the killing of 10 leftist inmates in a riot at Ankara's Ulucanlar prison.

The explosion came two weeks after a banned Marxist group, the Revolutionary People's Liberation Party-Front, carried out a suicide bombing near a busy Istanbul square. In addition to the bomber, two policemen and an Australian woman were killed. The group said the attack was launched to avenge the deaths of prisoners on a yearlong hunger strike protesting Turkey's new maximum security prisons. Thirty-six people have died in the hunger strike so far.

Ankara - Turkish Daily News

Ciller suggests reducing seats in Parliament by 100

Ciller also proposes reducing Cabinet seats to 20

Opposition True Path Party (DYP) leader Ms. Tansu Ciller has announced her party has put a proposal to reduce the number of seats in Parliament to 450 out for signature, the Anatolia news agency reported yesterday. Speaking at a press conference at Parliament, Ms. Ciller said the deliberation over the 37-article constitutional amendment package was still in progress and that the citizens thought there were too many parliamentary deputies.

"At this time when the nation is making sacrifices, the high number of deputies is not being well received by the people. Parliament should respond to this request and show effort to reduce the number of seats from 550 to 450," she said.

Among the other changes she called for was a preference system to be adopted for electing deputies. She further suggested the number of Cabinet ministers be reduced to 20.

Ankara - Turkish Daily News

Former President and veteran politician Demirel says if the country is badly administrated and if its people are suffering, elections will be the only solution

Demirel says elections

Turkey's 9th President and veteran politician who has served Turkey as Prime minister several times, Suleyman Demirel said on Thursday that early polls will be a solution.

"If the country is badly administrated and its people are suffering, then elections will be the only solution," said Demirel.

Demirel stated that Turkey has been suffering from an economic crisis which it didn't deserve and due to irrational reasons.

Demirel said that at the beginning of 2001, Turkey was not suffering from lack of funds and it was capable of producing and finance sector was the source of the crisis.

"Turkey should not face such a crisis. Turkey took various measures to recover from the crisis which must normalize the situation in seven or eight months. But still we are waiting for the good results," Demirel said.

Demirel added that Turkey also suffers from lack of confidence in every field.

Ankara - Turkish Daily News

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