Sentence of the Executives of Hak-Par (Rights and Freedoms Party) is a Flagrant Violation of Freedom of Expression, Association, Politics and the Article 90 of the Constitution
13 Executives of Hak-Par (Rights and Freedoms Party) were sentenced to prison since there were speeches in Kurdish language in the 1. Ordinary Congress of the Party and its invitation card was published in Kurdish-Turkish.
The court case and its decision showed once again; the attempts, which continued since 1999 and presented to public as “reform”, to become democratic are not reflected into real life and there is not any changes regarding with fundamental attitudes.
While Article 81 of Law on Political Parties is used as the basis of the sentence, Article 90 of the Constitution is ignored. The article 90 states that;
“In the case of a conflict between international treaties in the area of fundamental rights and freedoms duly put into effect and the domestic laws, due to differences in provisions on the same matter, the provisions of international agreements shall prevail.
On one hand; mentioning human rights, democratic principles and sign international conventions on the other hand; using all legal provisions to limit rights and freedoms is a serious dilemma, which should be considered, in our country.
In a modern and democratic country, task of Legislation is abolishing all limitations that are against rights-freedoms. We for TBMM (Turkish Grand National Assembly) to change all provisions, particularly Article 81 of Law on Political Parties, which are against democratic principles and freedoms.
As human rights organizations, Non-Governmental Organizations, law institutions and intellectuals; we should turn our successful attempts at repealing 301 TCK (Turkish Penal Code) into permanent works that cover other provisions, which are against democratic principles-freedoms, in the regulation.
We hope that there will be reversal, regarding the cited sentenced, in the appeal period.
HUMAN RIGHTS ASSOCIATION