ANKARA - The 'Bill on Amendment to Several Laws' which is publicly known as the Seventh European Union (EU) Adjustment Package was presented to the Parliament Speaker's Office late on Wednesday.
Under the bill, the National Security Council (NSC) Secretary General is appointed upon proposal of the Prime Minister and approval of the President; and if the appointment in question is envisaged to be made among the Turkish Armed Forces staff, positive opinion of the General Staff Chief is sought.
The NSC will take recommendatory decisions regarding the issues about determination and implementation of the state's national security policy under the definitions about national security and the state's national security policy, and it will determine opinion to provide necessary coordination.
The NSC will convene once in every two months. If it is seen necessary, the NSC can convene upon the Prime Minister's proposal or directly call of the President.
Bans on foundation of association will be narrowed. Also conventional persons can found association. Meetings and demonstrations can't be postponed for more tan ten days.
Investigations into crimes of torture and maltreatment will be considered urgent cases, hearings of the trials regarding these crimes can't be adjourned for more than thirty days unless there is an obligatory situation, and those hearings will be held also during the judicial recess. Field of implementation of the military penal code on civil persons will be narrowed. Age of trial at juvenile courts will be increased from fifteen to eighteen.
The bill also includes arrangements in line with the amendment to the Constitution about teaching of different languages and dialects that Turkish citizens traditionally speak in their daily life.
The bill is expected to be adopted by the parliament before it recesses.

INVESTIGATIONS INTO CRIMES OF TORTURE AND MALTREATMENT TO BE CONSIDERED URGENT CASES UNDER SEVENTH EU ADJUSTMENT PACKAGE
The Seventh European Union (EU) Adjustment Package, investigations into crimes of torture and maltreatment will be considered urgent cases, hearings of the trials regarding these crimes can't be adjourned for more than thirty days unless there is an obligatory situation and those hearings will be held also during the judicial recess.
The bill amends the Turkish Penal Code (TCK) to broaden content of freedom of thought and expression.
Under the bill, last paragraph of Article 159 of the TCK is changed as 'expressions of thought with the purpose of criticism which do not include any deliberate words of insult and swearwords do not necessitate punishment.' This article includes provisions about crime of insult against moral personality of the state and state officials.
The bill also amends the TCK's Article 169 on the crime of 'aiding and abetting terrorist organization'.
A paragraph saying, 'works of art and science and works which have literary value are excluded from the content of this article' is added to the TCK's Article 426 on the 'immoral publication and publication against morals and moral principles'.
Under another change in the TCK's Article 427, immoral publications which hurt people's feelings or provoke and exploit their sexual desires won't be destroyed, and they will be only confiscated.
Under the bill, investigations into crimes of torture and maltreatment which are mentioned in the TCK's articles 243 and 245 will be considered urgent cases, hearings of the trials regarding these crimes can't be adjourned for more than thirty days unless there is an obligatory situation and those hearings will be held also during the judicial recess.
The bill adds a paragraph saying, 'if the crimes that are mentioned in Article 58 of the Military Penal Code are committed by people who are not members of the army during time of peace, cases of these crimes are not heard at military courts' to Article 11 of the Law on Establishment of Military Courts and Trial Regulations. Under this, people who are not members of the army are tried at civil courts if they commit crimes of 'inciting soldiers against the laws' and 'inciting people against the soldiers' during time of peace.
The bill also amends first paragraph of Article 6 of the Law on Establishment of Juvenile Courts and Trial Procedures. According to this, the expression of '15' in the paragraph saying, 'youngsters who are elder than 15 years old are tried at juvenile courts' is changed as '18'.
SEVENTH EU ADJUSTMENT PACKAGE ENVISAGES AMENDMENT TO LAW ON NSC SECRETARIAT GENERAL
The Seventh European Union (EU) Adjustment Package envisages that the National Security Council (NSC) Secretary General is appointed upon proposal of the Prime Minister and approval of the President; and if the appointment in question is envisaged to be made among the Turkish Armed Forces staff, positive opinion of the General Staff Chief is sought.
The bill also amends several articles of the NSC and NSC Secretariat General Law. Under the amendment to Article 4 of the law, duties of the NSC are re-defined. According to this, the NSC will take recommendatory decisions regarding the issues about determination and implementation of the state's national security policy under the definitions about national security and the state's national security policy, and it will determine opinion to provide necessary coordination. It will convey those recommendatory decisions and its opinions to the Council of Ministers and fulfil its duties under the laws.
According to another amendment, the NSC will convene once in every two months. If it is seen necessary, the NSC can convene upon the Prime Minister's proposal or directly call of he President. Under the current law, the NSC can also convene in an extraordinary meeting if the President sees it necessary or the President approves proposals of the Prime Minister or the General Staff Chief.
The bill gathers duties and authorities of the NSC Secretariat General under a single article. Under the bill, the NSC Secretariat General's duties and authorities are summarized in two paragraphs under a single article as 'a) the Secretariat General fulfils secretariat services of the NSC; and b) the Secretariat General fulfils the duties entrusted by the NSC and laws.'
According to the bill, NSC Secretary General is appointed upon proposal of the Prime Minister and approval of the President; and if the appointment in question is envisaged to be made among the Turkish Armed Forces staff, positive opinion of the General Staff Chief is sought.
Under the current law, the NSC Secretary General is appointed among the armed forces personnel having the Vice-General or Vice-Admiral rank upon the Council of Minister's decision under the General Staff Chief's recommendation and the Prime Minister's proposal.
Regulations about implementation is envisaged to be adopted within three months after the amendment to the NSC Law.
SEVENTH EU ADJUSTMENT PACKAGE PERMITS LEGAL ENTITIES TO SET UP ASSOCIATIONS
The draft law which foresaw certain amendments in various laws and which is known as the seventh adjustment package in the public opinion, permits legal entities to set up associations, while it also restricts the prohibitions on foundation of associations.
The bill also includes regulations about learning of different languages and dialects which are used traditionally by Turkish citizens in their daily lives in line with the amendments made in the Constitution.
The bill also envisages amendment in the law on meeting and demonstrations. According to the bill, meetings and demonstrations can only be postponed by 10 days rather than 30 days if necessary.
The bill also foresees amendments in Article 2-a and 2-b of the Law on learning and teaching of foreign languages and learning of different languages and dialects used traditionally by Turkish citizens.
According to the amendment in Article 2/a ''no language other than Turkish can be taught to Turkish citizens in schools as their mother language. However, special courses can be opened for learning of different languages and dialects which are traditionally used by Turkish citizens in their daily lives. No teaching which are against the principles of the state and invisible integrity of the state with its country and nation is permitted in those courses and lessons. National Education Ministry will adopt regulations for opening and supervision of such courses and lessons.''
Article 2/c notes that foreign languages to be taught in Turkey are determined by the decision of the Council of Ministers.
SEVENTH EU ADJUSTMENT PACKAGE FORESEES APPOINTMENT OF NSC SECRETARY GENERAL BY PROPOSAL OF PRIME MINISTER AND APPROVAL OF PRESIDENT
The seventh European Union (EU) adjustment package foresees appointment of the National Security Council (NSC) Secretary General by proposal of the prime minister and approval of the president.
The bill envisages amendments to several articles of the Turkish Penal Code, Associations Law, the Code of Criminal Procedure (CMUK), the Law on Supreme Council of Public Accounts, Law on NSC and NSC Secretariat General, Law on Demonstration and Protest Marches, Law on Foreign Language Education and Teaching and Learning about Different Languages and Dialects, decree in the force of law on Directorate General of Foundations, Anti-Terrorism Law, Turkish Civil Code, and Law on Establishment of Military Courts and Trial Methods.
Making an amendment to NSC Law, the bill says that the NSC convenes once in two months. It also notes that the Council can convene upon proposal of the prime minister or directly by the call of the president.
The bill foresees appointment of the NSC Secretary General by the proposal of the prime minister and approval of the president. If the secretary general is to be appointed among members of the Turkish Armed Forces, the positive opinion of the Chief of General Staff is needed.
(BRC-AÖ) 23.07.2003