ANKARA - The sixth European Union (EU) adjustment package has come into force after being published in the Official Gazette on Saturday.
In accordance with the package comprised of 22 articles which foresees some amendments to several laws, state-owned and private radio and television channels can make broadcasting in different languages and dialects used traditionally in daily life by Turkish citizens.
The package amends Population Law. Under it, children cannot be named contrary to the ethical rules and in a way that will hurt the public opinion.
-RE-TRIAL-
The draft makes an addition to the article of the Administrative Trial Procedure Law about ''re-trial''
According to the draft, if the European Court of Human Rights (ECHR) determines that a verdict was taken by violating Convention for the Protection of Human Rights and Fundamental Freedoms or additional protocols, trial process will be renewed.
The duration of re-trial process will be a year since the date when the ECHR's decision becomes certain. The re-trial period is set as 60 days for other reasons.
Violation of Convention for the Protection of Human Rights and Fundamental Freedoms or additional protocols will be considered sufficient reason for re-trial. The same reason is also valid for renewal of administrative trial.
Retrial will be implemented about the decisions of ECHR that became certain in the date when the law comes into effect and about the decisions regarding the applications made to ECHR after this date. Retrial requests, regarding the decisions of ECHR which become certain in the date when this law comes into effect, will be made in one year as of the date when this law comes into effect.
-MURDER TO SAVE HONOR-
The punishment of mothers, who killed their children to save their honor, is increased and made 6-10 years to protect a new born child's right to live and to provide dissuasiveness in punishments. This punishment is currently implemented as 4-8 years.
-WORSHIP PLACES-
Necessary worship places are envisioned to be reserved by taking into consideration the conditions of districts and regions and future needs in the organization of development plans with a change in Construction Law.
Worship places can be build by taking the permission of head of public administration in provinces, towns and villages and in convenience with development laws. Worship place will not be assigned by violating development laws with different purposes.
-SUPERVISORY BOARD-
The bill amends some articles of no. 3257 law on Cinema, Video and Music Works of Art.
The bill foresees to replace the provision which says, ''works of art should not include crime and incitement with respect to inseparable integrity of state with its country and nation, national sovereignty, Republic, national security, public order, general public order, public interest, general moral principles and general health and authorities should supervise those works of art which are defined with respect to their compliance with national culture and custom and usage in this law,'' with the provision which says, ''authorities should supervise works of art which are defined in this law with respect to their compliance with Republic's basic peculiarities mentioned in the Constitution, inseparable integrity of state with its country and nation and public interest.''
The bill says that ''National Security Council Secretariat General'' would be excluded from Video and Music Works of Art Supervisory Board.
If the work of art is found contrary to Republic's basic peculiarities mentioned in the Constitution, inseparable integrity of state with its country and nation and public interest, it will be banned and a legal investigation will be launched.
The decisions that will be given by related authorities will be submitted the authorized judge in the criminal court of peace in 24 hours. The judge will announce the court's decision in 48 hours. Otherwise, the decision will be null and void.
-RECORD OF CONVICTIONS LAW-
The bill adds expression of ''special law provisions are reserved'' to Article 9 titled, ''information which will be preserved in record of convictions and which will be excluded from record of convictions due to death or age'' of No. 3682 Record of Convictions Law.
-BROADCAST IN DIFFERENT LANGUAGE-
With an amendment that would be made to Law on Foundation of Radio and Television and their Broadcast, broadcast by state and private radio and television in different languages and dialects, which are traditionally used by Turkish citizens in their daily lives, will be allowed.
The Supreme Board of Radio and Television (RTUK) will prepare a regulation regarding methods and principles of broadcasting of state-owned and private radio and television channels in different languages and dialects traditionally used in daily life by Turkish citizens within four months.
Ban on broadcast, which was for one week in periods before elections, will be limited with 24 hours.
The death penalties in the Gelibolu Peninsula Historical National Park Law no 4533 will be commuted into life imprisonment with a change made to the Law.
-AMENDMENT TO ANTI-TERRORISM LAW-
The bill abolishes the Article Eight of the Anti-Terrorism Law entitled ''propaganda against the inseparability of the state.''
The reason of the article said there would not be any vacuum with respect to protection of integrity of the country after removal of Article 8 of the Anti-Terrorism Law. Under Article 311 of the Turkish Penal Code (TCK), when Article 8 is removed from effect, propaganda crime against integrity of the country can be punished heavily, it is said.
The reason text of the bill said paragraph 2 of Article 312 of TCK was a provision protecting national unity although not directly.
In preparatory investigations, which were carried out within the scope of Article 8 of the Anti-Terrorism Law, before this law is put into implementation, public prosecutors would decide not to prosecute.
Convicts about whom public cases were opened, would be released by public prosecutors.
Article 462 of the TCK, which is about the punishments given to the criminal, who commits crime after capturing wife or husband, brother or sister or anybody from the family in adultery, will be removed. Instead of this, general incitement article, arranged by Article 51 of the TCK will be implemented.
The draft foresees removal of first paragraph of the Article 31 of the law envisaging amendments in CMUK and law on foundation and trial methods of state security courts.
(UK) 19.07.2003