Judicial Reform Package on Pre-Trial Detention, Freedom of Expression Passes in Parliament
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The first package of the Judicial Reform Strategy Document has been approved in the Grand National Assembly of Turkey (TBMM).
The 39-article package includes amendments to laws on on freedom of expression, child abuse, pre-trial detention periods and internet publications.
The reform package was first announced on May 30 by President and Justice and Development Party (AKP) Chair Recep Tayyip Erdoğan, who stated that it will have two "basic perspectives" which are on "rights and freedoms" and "on the functioning of the justice system."
The reform strategy was introduced to the parliament after it was approved in a parliamentary committee that is formed by both the AKP and the opposition parties.
Freedom of expression
According to an article added to the Anti-Terror Law, expressions of thought that do not "cross the limits of reporting" and that are "for the purpose of criticism" do not constitute an offense.
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Pre-trial detention
Period of arrest in the investigation stage will not be longer than one year in cases that fall within the remit of heavy penal courts. For the cases that are not within the remit of heavy penal courts, it will be six months at most.
The maximum period of arrest will be one year and six months for offenses against the security of the state, the constitutional order, the functioning of the constitutional order, national defense and state secrets, for espionage, for offenses that are within the scope of the Anti-Terror Law, and for collective crimes. Providing a reason, judicial bodies will be able to extend the period of arrest for these offenses for six months.
Half of these periods will be applied for children younger than 15 years old and three quarters for children younger than 18 years old.
Sexual abuse
In cases of sexual assault or sexual abuse, spreading the statement of the assaulted person, acquiring the statement and delivering the statement to other persons will be considered as major crime and the sentence will be doubled.
Privacy
Consent of the sufferer must be received when recording of his/her statement and footage.
Internet publications
According to an amendment to the Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication, known as the Internet Law, an access block will be imposed on a specific URL rather than an entire website. When blocking a specific URL address is technically impossible, an entire website can be blocked.
Passports
Those whose passports were canceled due to their dismissal from public posts in accordance with the statutory decrees adopted under state of emergency will be able to receive their passports if the judicial proceedings ended in favor of them. (TP/VK)