State Secrets or a New Base for Censorship?

The draft legislation will come to the National Assembly for ratification, as it will be approved by the Council of Ministers.

Turkey's Association of Journalists (TGC) chair Orhan Erinç and Press Council chair Oktay Ekşi criticized the draft legislation as it would constitute another tool to pressure journalists and jeopardize the freedom of expression in the country.

Thinking about the coming presidential elections and the controversy around it, one can get suspicious regarding the limitations brought by this law" wrote Erinç on his column at the daily Cumhuriyet.

"There's nothing new in this legislation. Before, judges asked to related institutions about the secrecy of concerned information. Now they will consult a commission made up of representatives of Justice, Foreign Affairs, Internal Affairs and National Security Ministries".

"So politicians gain the power to influence the judiciary", said Erinç. "In consequence, they can be intolerant to views against their benefits".

Oktay Ekşi agrees: "As if the restrictions on freedom of expression brought by the Penal Code were not enough, now the government tries to further limit our freedoms".

"State secrets"

Turkey's constitution, formulated right after the military coup in 1982 cites several abstruse cases where the freedom of expression and diffusion can be restricted.

Those consist of "national security, public order, public security, founding principles of the Republic, the indivisible unity of the State with its people and land, prevention of crimes, punishment of criminals, secrecy of State information filed in par with the defined procedures, protection of others' privacy or reputation, protection of vocational secrets as defined in law, or the due process of the judiciary".

In addition, article 330 of the new Penal Code defines the scope of "State secrets" and penalizes their diffusion.(EÖ/TK/EÜ)