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TURKEY

Legislation

Excerpts from Relevant Laws and Decrees

(All translations are unofficial.)

TURKISH PENAL CODE NO. 765, ADOPTED ON MARCH 1, 1926

Article 159

(Amended in 1961/235)

Those who publicly insult or ridicule the moral personality of Turkishness, the Republic, the Parliament, the Government, State Ministers, the military or security forces of the state, or the Judiciary will be punished with a penalty of no less than one year and no more than six years of maximum security imprisonment....

If insulting Turkishness is carried out in a foreign country by a Turk the punishment given will be increased from one-third to one-half.

POLITICAL PARTIES LAW NO. 2820, ADOPTED ON APRIL 26, 1982

Article 81

(Preventing the Creation of Minorities)

Political parties:

a) Cannot put forward that minorities exist in the Turkish Republic based on national, religious, confessional, racial, or language differences....

b) Cannot by means of protecting, developing, or disseminating language or cultures other than the Turkish language and culture through creating minorities in the Republic of Turkey have the goal of destroying national unity or be engaged in activities to this end;

c) Cannot use a language other than Turkish in writing and printing party statute or program, at congresses, at meetings in open air or indoor gatherings; at meetings, and in propaganda, cannot use or distribute placards, pictures, phonograph records, voice and visual tapes, brochures and statements written in a language other than Turkish; cannot remain indifferent to these actions and acts committed by others; however, it is possible to translate party statutes and programs into foreign languages other than those forbidden by law.

THE LAW CONCERNING THE FOUNDING AND BROADCASTS OF TELEVISION AND RADIO NO. 3984, ADOPTED ON APRIL 13, 1994

Article 4

(Broadcasting Principles)

Radio and Television broadcast are to be carried out in the understanding of public service according to the principles below:

Broadcasts cannot be contradictory to the following:

a) The existence and independence of the Turkish Republic, the indivisible unity of the state with its territory and nation;

b) The national and spiritual values of society....

d) The general morality, civil peace, and structure of the Turkish family;

Must be conducted in accordance with:

h) The general goals and basic principles of Turkish national education and the development of national culture;

i) Fairness and objectivity in broadcasting and the fundamental principle of respect for the law....

l) To present news in a speedy and correct way;

m) The principle that broadcasts will not be made that have a negative effect on the physical, intellectual, mental, and moral development of children and youth....

t) Radio and television broadcasts will be made in Turkish; however, for the purpose of teaching or of imparting news those foreign languages that have made a contribution to the development of universal cultural and scientific works can be used.

FOREIGN LANGUAGE EDUCATION AND TEACHING LAW No. 2923

Article 2

a) The mother tongue of Turkish citizens cannot be taught in any language other than Turkish....

c) Taking into consideration the view of the National Security Council, the Council of Ministers by its decision will determine in Turkey what foreign languages can be taught.

DECISION NO. 92/2788, OFFICIAL GAZETTE, MARCH 20, 1992

2-...It had been decided by the Council of Ministers on March 4, 1992 that in official and private courses education and teaching are to be made in the following languages: English, French, German as well as Russian, Italian, Spanish, Arabic, Japanese, and Chinese.

THE LAW CONCERNING FUNDAMENTAL PROVISIONS ON ELECTIONS AND VOTER REGISTRIES NO. 298, ADOPTED ON APRIL 26, 1961

Article 58

It is forbidden to use any other language or script than Turkish in propaganda disseminated in radio or television as well as in other election propaganda.

PRESS LAW NO. 5680, ADOPTED ON JULY 15, 1950

Article 16

(Criminal responsibility for crimes committed by means of the press) (Amended in 1983/2950)

4. If publication is made in any language prohibited by law, the relevant articles, which envision converting into monetary fines and of not giving a penalty of placing under security detention shall not be applied.

PROVINCIAL ADMINISTRATION LAW NO. 5442, ADOPTED ON JUNE 10, 1949

Article 2/d/2

(Amended in 1959/7267)

Village names that are not Turkish and give rise to confusion are to be changed in the shortest possible time by the Interior Ministry after receiving the opinion of the Provincial Permanent Committee.

THE LAW CONCERNING CRIMES COMMITTED AGAINST ATATÜRK NO. 5816, ADOPTED ON JULY 25, 1951

Article 1

Anyone who publicly insults or curses the memory of Atatürk shall be imprisoned with a heavy sentence of between one and three years.

A heavy sentence of between one and five years shall be given to anyone who destroys, breaks, ruins, or defaces a statue, bust, or monuments representing Atatürk or the grave of Atatürk.

Anyone who encourages others to commit the crimes outlined in the paragraphs above will be punished as if committing the crime.

If the crimes outlined in the second paragraph of the first article are committed using force...the penalty will be doubled.

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