ANKARA - The death sentence will be totally excluded from Turkish Constitution.
A package envisaging amendments to ten articles of the Constitution was submitted to the Turkish parliament after being signed by 198 deputies of the ruling Justice and Development Party (AK Party).
Recalling that Turkey had signed the Appendix Protocol no: 13 of the European Convention for Protection of Human Rights and Fundamental Freedoms, the package said that several constitutional amendment would be made in order to adapt Turkey to new democratic initiatives in the world, and to increase fundamental rights and freedoms to the level of universally accepted standards and norms and of the European Union (EU) criteria.
The package envisages amendments to articles 10, 15, 17, 30, 38, 87, 90, 131, 143 and 160 of the Constitution.
The package envisages inclusion of the expression ''woman and man have equal rights to the Article 10 of the Constitution about ''Equality Before the Law''.

-DEATH SENTENCE-
Under the package, death sentence will be totally excluded from the Turkish Constitution. Therefore, all articles referring to death sentence will be changed and the expression of ''death sentence'' will be removed from these articles.
Since the Appendix Protocol no: 13 of the European Convention for Protection of Human Rights and Fundamental Freedoms envisages annulment of death sentence, the expression of ''execution of death sentence'' will be excluded from the Article 15 of the Constitution about ''Suspension of the Exercise of Fundamental Rights and Freedoms''.
The Article 17 of the Constitution about ''Personal Inviolability, Material and Spiritual Entity of the individual'' will be changed to this end.
Under the package, the expression of ''the act of killing in self-defense, occurrences of death as a result of the use of a weapon permitted by law as a necessary measure in cases of: apprehension, or the execution of warrants of arrest, the prevention of escape of lawfully arrested or convicted persons, the quelling of a riot or insurrection'' will be excluded from the rule saying, ''everyone has the right to life and the right to protect and develop his material and spiritual entity.''
The Article 38 of the Constitution about Principles Relating to Offences and Penalties'' will be changed by correcting the expression ''general confiscation shall not be imposed as a penalty'' as ''death sentence and general confiscation shall not be imposed as a penalty''.
Also, the expression in the same article ''no citizen shall be extradited to a foreign country on account of an offence'' will be changed as ''no citizen shall be extradited to a foreign country on account of an offence except for commitments stemming from Turkey's signing the International Court of Justice''.
The Article 87 of the Constitution arranging functions and powers of the Turkish Grand National Assembly, the expression of ''confirming death sentences passed by the courts'' will be removed from the article.
-INTERNATIONAL AGREEMENTS-
Article 30 of the Constitution about ''Protection of Printing Facilities'' will be re-arranged as ''a printing press or its annexes duly established as a publishing house under law shall not be seized, confiscated, or barred from operation on the grounds of being an instrument of crime.''
Article 30 of the Constitution earlier said, ''a printing press or its annexes duly established as a publishing house under law shall not be seized, confiscated, or barred from operation on the grounds of being an instrument of crime, except in cases where it is convicted of offences against the indivisible integrity of the State with its territory and nation, against the fundamental principles of the Republic or against national security.''
With an amendment made to Article 90 which is about ''Ratification of International Treaties'', provisions of international agreements will be taken as basis in case of possible incompatibilities that may erupt between the international agreements on fundamental rights and freedoms and laws that have different provisions on the same issues.
-MILITARY MEMBERS IN YOK TO BE EXCLUDED-
General Staff will no more send representatives to Higher Education Board (YOK).
With an amendment envisaged in Article 131 of the Constitution about ''Superior Bodies of Higher Education'', members of Higher Education Council will be composed of members elected by Council of Ministers and universities and appointed by the President of the Republic.
The members will be comprised in accordance with the numbers, qualifications and procedure prescribed by law, priority being given to those who have served successfully as faculty members as rectors.
-STATE SECURITY COURTS TO BE ANNULLED-
State Security Courts (DGMs) will be annulled. Article 143 regarding the foundation of DGMs will not be in effect anymore.
(UK-AY) 28.04.2004