A/HRC/15/13
67.
Freedom of expression was an integral part of Turkey’s democratic order, and the
relevant legislation was being harmonized with the case law of the ECHR and other
international instruments. In order to eliminate some of the problems with its
implementation, article 301 of the Penal Code had been amended. The Ministry of Justice
had formed a working group to review certain articles found problematic by nongovernmental organizations and international bodies.
68.
Judges and prosecutors were trained at the justice academy on press freedom and
freedom of expression. In 2007, the law on access to the Internet and on countering crimes
committed through the Internet had been promulgated. Internet access could be restricted
for only a limited number of crimes by a judge’s decision, in accordance with the law.
69.
To eliminate income disparities between regions, Turkey had been implementing
development plans and strategies since the 1960s.
70.
The voluntary return of internally displaced persons were facilitated through the
Return to Village Project, implemented together with UNDP, which included
comprehensive measures such as infrastructure investment and direct material and
professional assistance. Furthermore, under Compensation Law 5233, damages caused to
citizens as a result of terrorism were settled amicably.
71.
The Netherlands welcomed the precedence of international agreements over
domestic law, and improvements of prison conditions. Concerns remained regarding the
suspension of the establishment of the ombudsman institution, the non-recognition of
minorities other than non-Muslim ones mentioned in the Lausanne Peace Treaty, and a
number of laws that might limit freedom of expression, including the anti-terrorism law and
article 301 of the Penal Code, as amended in 2008. The Netherlands made
recommendations.
72.
Bosnia and Herzegovina welcomed Turkey’s ratification of a number of treaties, but
noted reservations to some others. It highlighted the Criminal Code reform, the Disability
Act and the Child Protection Law. It expressed concern over the lack of implementation of
strategies for combating violence against women and of the establishment of an
ombudsman institution in accordance with the Paris Principles.
73.
Jordan noted with appreciation the human rights reform process, which was aimed
at, inter alia, aligning the legal framework with international human rights standards. Jordan
highlighted the abolition of the death penalty and the progress made in combating torture
and corruption and in promoting the independence of the judiciary. Jordan made
recommendations.
74.
Mexico highlighted Turkey’s efforts and the reform process carried out since 2001.
It noted Turkey’s commitment to human rights, demonstrated in the ratification of a
number of treaties and its cooperation with the Council’s mechanisms. It made
recommendations.
75.
The Czech Republic appreciated Turkey’s national report and acknowledged its
signature of OP-CAT. It made recommendations.
76.
The United States of America commended Turkey for progress in political reforms
and for efforts to seek consensus on constitutional reform and implement its National Unity
and Friendship Initiative. It recognized the decrease in prosecutions under article 301 of the
Penal Code and efforts to curb the abuse of authority by security forces, but expressed
concern about other provisions of the Code, including article 318 and parts of the anti-terror
law. It requested further details regarding the work of the working group to examine articles
on freedom of expression. It made recommendations.
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