ANKARA - The ''Bill on Amendment to Several Laws'' which is publicly known as the Seventh European Union (EU) Adjustment Package says that legal bodies can also establish societies while limits the ban on formation of societies and associations.
The bill also includes arrangements in line with changes made in the Constitution regarding teaching of different languages and dialects traditionally used in daily life by Turkish citizens.
An amendment to first article of the Law on Associations enables formation of societies and associations by at least seven real or legal bodies.
Members of Turkish Armed Forces (TSK) and members of general and special forces, and civil servants who are banned from forming associations by some special laws can't establish societies and associations.
-LAW ON DEMONSTRATION AND PROTEST MARCHES-
The bill foresees amendment to the Law on Demonstration and Protest Marches. In accordance with this amendment, demonstrations and protest marches can be postponed only for ten days instead of 30 days if necessary.
A demonstration held to protect principles of the Republic, the inseparable integrity of the country and nation, general ethics and health can only be postponed for one month.
The bill also foresees amendments to 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.''
-INCITING VIOLENCE-
The bill amends the second paragraph of the seventh article of the Anti-Terrorism Law.
Those who aid and abet members of the terrorist organization or make propaganda in a way to insult violence or terror acts will be sentenced to imprisonment from one to five years and fined 500 million to 1 billion Turkish liras (TL).
-ABOLISHED ARTICLES-
The bill abolishes the ninth, 14th and 19th articles of the Law on National Security Council (NSC) and NSC Secretariat General.
The ninth article of NSC Law regulates distribution and pursuit of the decisions of the Council of Ministers on NSC decisions by the NSC Secretariat General. The mentioned provision aims to ''give authority to concerned units to distribute and follow these decisions.''
The Article 14 of the same law is abolished in line with an amendment to article 13 regulating duties and authorities of the NSC Secretariat General.
The article 19 of the law which is also abolished says, ''the ministries, state institutions and organizations and legal bodies should give the demanded secret information and documents to the NSC Secretariat General.''
-END OF DESTRUCTION OF PUBLICATIONS-
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.
-TORTURE CASES CAN ALSO BE DEBATED DURING JUDICIAL RECESS-
Investigation into crime of ''torture'' is considered prior case by an article added to the Code of Criminal Procedure (CMUK).
In accordance with this addition, investigations into crimes of torture and maltreatment which are mentioned in the TCK's articles 243 and 245 will be considered urgent cases and debated priorly and urgently. 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.
-CRIMES DURING PEACETIME-
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 peacetime.
-AUTHORITY OF PARLIAMENT TO SUPERVISE BUDGET STRENGTHENED-
Under an article added to the Supreme Council of Public Accounts Law, the authority of the parliament to control and supervise the budget is strengthened.
The Supreme Council of Public Accounts can supervise accounts and transactions of every institution, organization, fund, enterprise, company, cooperative, union, foundation and association upon the demand of the Office of Parliament Speaker.
The supervision of the assets of Armed Forces will be made in line with the principle of secrecy required by the national defense services.
The Presidency is excluded from scope of this article.
-AGE LIMIT IN JUVENILE COURTS-
The bill made an amendment to first paragraph of the Article 6 of the Law on Formation, Duties and Trial Methods of Juvenile Courts.
In accordance with this amendment, the age limit in juvenile courts is increased from 15 to 18.
The amendment says, ''cases regarding crimes committed by children younger than 18 and debated by general courts are debated by juvenile courts.''
-DUTIES OF NSC SECRETARY GENERAL-
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.''
-APPOINTMENT OF NSC SECRETARY GENERAL-
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.
(MS-AÖ) 28.07.2003
NSC SECRETARIAT GENERAL CHIEF ADVISER DEFENDS NSC SECRETARIAT GENERAL ABROGATED
National Security Council (NSC) Secretariat General Chief Adviser Mustafa Agaoglu said on Monday that the NSC Secretariat General was abrogated with seventh European Union (EU) adjustment package.
Agaoglu, who attended the vote on the seventh EU adjustment package in the Parliamentary Justice Commission, objected to arrangements foreseen by the package regarding the NSC Secretariat General and claimed that the NSC Secretariat General was abrogated with the foreseen arrangements.
Their opinion about the package was not asked, Agaoglu said.
Agaoglu noted that the NSC Secretariat General conveyed its views to the prime minister by a letter.
Replying to questions of reporters if the NSC Secretariat General was being by-passed, Agaoglu said, ''not by-passed. The NSC Secretariat General has fallen and it was abrogated. We will dissolve it all three months later.''
Meanwhile, the seventh EU adjustment package was adopted in the commission meeting.
(BRC-AÖ) 28.07.2003