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Article 301
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1.       lady in red
6947 posts
 30 Apr 2008 Wed 09:42 am

Turkish Parliament approves softening of law criticised by EU for limiting free speech:


http://news.bbc.co.uk/2/hi/europe/7374665.stm

A step in the right direction?

2.       Daydreamer
3743 posts
 30 Apr 2008 Wed 11:56 am

The changes do not seem very radical...2 years instead of 3 and Turkishness was replaced by Turkish nation. I'd rather the term "insult" was better defined.

3.       thehandsom
7403 posts
 30 Apr 2008 Wed 12:15 pm

This seems like a step in the right direction.
There used to be this bizarre wording 'insult to Turkishness', which was the base for many cases. I am glad they removed it.

I think, also it is quite important that "clever" prosecuters wont be running around and opening investigations.
Justice ministry has to open the investigation.

We will wait and see..

4.       serhattugral
210 posts
 30 Apr 2008 Wed 12:21 pm

Two years is in the limit of "negotiation to amercement" and "reprieve". But 3 years is out of range. İf it is 3 years than judge has not estimation for amercement or reprieve.

PS: İngilizcem zaten kötü bir de hukuk eklenince daha rezil oluyor herhalde. İçli köfteye "sensitive meatball" demiş gibi olabilirim. Kendimi geliştirmek için acımasız eleştirilerinizi bekliyorum.

Kastettiğim şuydu; 2 yıl paraya çevirme ve erteleme sınırları içinde kalıyor ama üç yıl bu sınırların dışında. Eğer üç yıl olursa hakimin "paraya çevirme" veya "cezayı erteleme" için taktir hakkı bulunmuyor

5.       thehandsom
7403 posts
 30 Apr 2008 Wed 12:24 pm

Quoting serhattugral:

Two years is in the limit of "negotiation to amercement" and "reprieve". But 3 years is out of range. İf it is 3 years than judge has not estimation for amercement or reprieve.

PS: İngilizcem zaten kötü bir de hukuk eklenince daha rezil oluyor herhalde. İçli köfteye "sensitive meatball" demiş gibi olabilirim. Kendimi geliştirmek için acımasız eleştirilerinizi bekliyorum.

Kastettiğim şuydu; 2 yıl paraya çevirme ve erteleme sınırları içinde kalıyor ama üç yıl bu sınırların dışında. Eğer üç yıl olursa hakimin "paraya çevirme" veya "cezayı erteleme" için taktir hakkı bulunmuyor



Serhat tesekkurler for this info!!
I did not know this really!!

6.       MrX67
2540 posts
 30 Apr 2008 Wed 06:08 pm

i think no need any 301 when we been aware difference of ''critising''and ''insulting''...

7.       azade
1606 posts
 03 May 2008 Sat 12:18 am

Is this justice?

http://www.komadengezaroken.org/ozgurluk.htm

"Last year, on October 3, 2007, theYenisehir Municipality Children Chorus that consists of 15 children between the ages of 12 to 17, performed folk songs in eight different languages –Assyrian, Armenian, Arabic, English, German, Hebrew, Turkish, and Kurdish- during the World Music Festival in California. One of the songs sung by the Children Chorus was the Kurdish national anthem "Ey Raqip" (Hey Guard). "Ey Raqip" was written by the Kurdish poet Dildar (1917-1948), in 1938, while in prison in Iraq.
When the group went back to Turkey, all of its 15 members were interrogated and the prosecutors filed a case against three of them (Gokhan Ok (16), Servan Yilmaz (16), and Veysel Mamuk (16)) for singing "Ey Raqip" under the Kurdish flag. They are facing charges for spreading separatist propaganda under article 7/2 of the Anti-Terror Law. The case will be heard by High Criminal Court on June 19, 2008. Children face up to 5 years imprisonment if found guilty of these charges."

/

"Gecen yil, 3 Ekim 2007 de 15 kisiden olusan ve yaslari 12 ile 17 arasinda olan Yenisehir Cocuk Korosu San Fransisco Dunya Muzik Festivali etkinlikleri kapsaminda sekiz ayri dilde (Suryanice, Ermenice, Arapca, Ingilizce, Almaca, Ibranice, Turkce ve Kurtce) sarkilar soylediler. Seslendirilen parcalardan bir de Kurt ulusal marsi "Ey Raqip" idi. "Ey Raqip" Kurt sair Dildar (1917-1948) 1938 yilinda Iraqta bir cezaevinde hapis iken yazilmis bir siirdir.
Cocuk korosu Turkiye’ye doner donmez, savcilik tarafindan haklarinda sorusturma baslatildi. Uyelerden yaslari 16 olan Gokhan Ok, Servan Yilmaz ve Veysel Mamuk hakkinda, Kurt bayragi altinda "Ey Raqip"i seslendirdikleri ve boylece bolucu propaganda yaptiklari gerekcesiyle Terorle Mucadele Kanununun 7/2 maddesi uyarinca dava acildi. Bu maddeye gore suclu bulunurlarsa her birine 5 yila kadar hapis cezasi verilecek. Davalari 19 Haziran 2008 tarihinde Diyarbakir Agir Ceza Mahkemesinde gorulecek.
Kurt bayragi altinda kendi dillerinde ve 7 ayri dilde sarkilar soyleyerek dunya kulturlerini bulusturan cocuk korosu hakkinda acilan davayi kiniyorum!"


Note, I am posting this to discuss the fairness of the law, especially considdering the amendments in article 301, which I am afraid is just a fake facelift in attempt to fool the EU. Please let's not have another "turk vs. kurt" war here it is really tiring.

8.       MrX67
2540 posts
 03 May 2008 Sat 12:52 am

i'm afraid who defending ethnical problems in Turkey they just trying to make it as a political problem,and they are not honest on their claims and they just trying to make this problem deeper for divide this great and lovely country,and their main problem with borders and a undependent Kurdish country ,but pity they never say it clearly...Sure noone never can say doesn't any political ,social or economical problems in Turkey and sure Turkey isn't white and pure as snow,and we have many problems which waiting to be fixed,but we all have to be honest and have to be side by side and hand by hand against our all diversities even for fix this problems never for make em bigger or unfixed..

9.       azade
1606 posts
 03 May 2008 Sat 01:00 am

So pity those who have to suffer to keep up a pretty facade? Children are being charged as criminals here because of an unfair, nationalistic law.

10.       MrX67
2540 posts
 03 May 2008 Sat 01:01 am

and so pity to olders using or washing younger's brains

11.       azade
1606 posts
 03 May 2008 Sat 01:04 am

You are most definitely right

12.       cynicmystic
567 posts
 13 Jun 2008 Fri 01:31 am

This article isn't really anything fundamentally different from what has been passed in the US under the infamous Ptariot Act, or its derivatives in Britain, Italy, france, Spain, etc as well as the rest of the world pretty much.

I don't know if people realize this or not, but there is a general trend in the world as a whole, not just nationally, as in isolated cases such as this one, but in a more pervasive way, a disturbing trend in the rise of deaths resulting from police brutality, governments confining people indefinetely without any charges, police kicking down doors without warrants in the name of national security etc etc.

Every country is rather slowly and under the covers turning into a softcore fascist police-state. The WTO protests, the police brutality, the Brazilian who was killed by the British police in London, the Polish immigrant tasered to death by Canadian airport police are only some of the examples of rising authoritarianism all across the globe.

I personally think that the world has gone to shits already.

13.       thehandsom
7403 posts
 13 Jun 2008 Fri 01:57 am

Quoting cynicmystic:

This article isn't really anything fundamentally different from what has been passed in the US under the infamous Ptariot Act, or its derivatives in Britain, Italy, france, Spain, etc as well as the rest of the world pretty much.


I am copying my writing from an earlier post ragarding this. Becasue what you are stating above is not true!




That article, the way it has been implemented in Turkey is a SHAME for every Turk.

That law has been working for making the hit list for ultra nationalists in Turkey. It was ambiguous, confusing, open to interptretation, cloudy, vague.

The prosecuters were following all the intellects and what they were saying in order to find something to bring the court cases. And they were thinking of 'saving the honour of the nation' when they were doing their patriotic jobs.

Of course, some politicians say that 'ah they have the same
in europen countries'.
Well..It is not entirely true.

I quite like know how many court cases opened against its intellects in half way decent europen countries for insulting 'britishness/germanness/polishness etc'.

We should have changed those anti democratic laws (many from the army times from 1983) by ourselves.

Those changes are necessary for us , for Turkish people primarily. Not for Europeans!!

14.       cynicmystic
567 posts
 13 Jun 2008 Fri 02:01 am

Yes, I completely agree that the law is a shame.

It is also unconstitutional, and yet part of the constitution.

The worrying trend is that this situation is happening all over the world.

People often forget that fascism was thriving only 60 years ago. Blacks couln't get a haircut at the same barber as whites only 50 years ago.

It worries me very much that the world is slowly turning into a police state. Authocratic and ruthless. It sucks.

Quoting thehandsom:

Quoting cynicmystic:

This article isn't really anything fundamentally different from what has been passed in the US under the infamous Ptariot Act, or its derivatives in Britain, Italy, france, Spain, etc as well as the rest of the world pretty much.


I am copying my writing from an earlier post ragarding this. Becasue what you are stating above is not true!




That article, the way it has been implemented in Turkey is a SHAME for every Turk.

That law has been working for making the hit list for ultra nationalists in Turkey. It was ambiguous, confusing, open to interptretation, cloudy, vague.

The prosecuters were following all the intellects and what they were saying in order to find something to bring the court cases. And they were thinking of 'saving the honour of the nation' when they were doing their patriotic jobs.

Of course, some politicians say that 'ah they have the same
in europen countries'.
Well..It is not entirely true.

I quite like know how many court cases opened against its intellects in half way decent europen countries for insulting 'britishness/germanness/polishness etc'.

We should have changed those anti democratic laws (many from the army times from 1983) by ourselves.

Those changes are necessary for us , for Turkish people primarily. Not for Europeans!!

15.       catwoman
8933 posts
 13 Jun 2008 Fri 04:51 am

Quoting cynicmystic:

Yes, I completely agree that the law is a shame.

It is also unconstitutional, and yet part of the constitution.

The worrying trend is that this situation is happening all over the world.

People often forget that fascism was thriving only 60 years ago. Blacks couln't get a haircut at the same barber as whites only 50 years ago.

It worries me very much that the world is slowly turning into a police state. Authocratic and ruthless. It sucks.


Although the Turkish version of police state and nationalism is much stronger then what exists in the rest of Europe right now, I completely agree with you that the world is moving towards fascism and dictatorship. This is the result of 9/11 and the global "war on terror". Governments are using the situation to tighten their control over people and limit democracy. All the extra "security" is a joke in terms of combating terrorism, they have nothing to do with real terrorism.

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