Criminal Enforcement Bill: Six Journalists Won't be Released due to Last-Minute Change

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Having been discussed at the parliament for a week now, 55 out of 70 articles of the bill on criminal enforcement have been approved.

Drafted by the ruling Justice and Development Party (AKP) and allying Nationalist Movement Party (MHP), the "The Bill of Law Foreseeing Amendments to the Law no. 2/2762 on the Execution of Sentences and Security Measures and Some Laws" aims to reduce population during the coronavirus pandemic.

However, opposition parties criticize the ruling alliance for effectively granting pardon for a series of crimes while adjusting the regulations in a way to keep "political prisoners" behind bars. "Terrorism-related" offenses, for which many journalists and politicians are in prison, are excluded from the bill.

CLICK - Imprisoned for 'Terrorism' Charges, 47 Journalists Won't Benefit from Sentence Reduction Law

With an amendment in last night's (April 12) session, violation of the Law No. 2937 on the State Intelligence Services and the Turkish National Intelligence Organization (MİT) was also excluded from the bill after a motion submitted by AKP Parliamentary Group Deputy Chair Bülent Turan and AKP MPs Oya Eronat, Recep Özel, Jülide İskenderoğlu and Ali Özkaya was accepted.

This last change ensures that six journalists who have been remanded in custody for violating Law No. 2937 will continue to stay in prison: OdaTV website's editor-in-chief Barış Pehlivan, news director Barış Terkoğlu, reporter Hülya Kılınç, Yeniçağ newspaper's columnist Murat Ağırel, Yeni Yaşam newspaper's editor-in-chief Mehmet Ferhat Çelik and managing editor Aydın Keser.

"A personal law"

Hüseyin Ersöz, the attorney of Pehlivan and Terkoğlu told bianet that the parliament passed a "personal law," noting that those journalists would have benefitted from sentence reduction had the law not been changed.

"Here we can see that a personal law has been enacted for imprisoned journalists. It is clear that this situation is not in accordance with both the Constitution and the rule of law. Moreover, this regulation means the misuse of legislative activity.

CLICK - Journalists Murat Ağırel, Aydın Keser and Ferhat Çelik Arrested

"We are of the opinion that the opposition parties should make the necessary objections and attempt to ensure that the regulation is corrected before it passes in the assembly.

"While journalists are being tried under arrest in Turkey, implementing a regulation that will make their conditions difficult is a problematic approach in terms of freedom of the press and rule of law.

"Besides, the arrest of these journalists is already a legal scandal in itself. It is very clear that the news reports made by these journalists are within the scope of freedom of the press and expression."

RSF representative: This is opportunism

Erol Önderoğlu, the Turkey representative of the Journalists Without Borders (RSF), noted that the bill was introduced to prevent the outbreak from spreading in prisons and said it was a "last-minute opportunism" to make such an amendment to keep journalists in prison.

"In the draft on the amendment of the criminal enforcement system, the MİT Law, which laid a basis for the arrest of journalists was excluded with a motion submitted at midnight.

"Imprisonment of journalists, a situation that is an embarrassment for the democratic public, seems to be a necessity for some in terms of their style of politics.

"After a period of systematic objection to the release of journalists, how one can explain a negative regulation that is exclusive to some journalists?" (HA/VK)