"…Only, actions not considered withing the concept of expression of thought can be banned and prosecuted.In democratic countries, expression of thought cannot be prosecuted. It cannot be talked about democracy in the countries if the expression of thought not turned to be concrete action is prosecuted. Banning some thought to be expressed removes the freedom of people of that thought. The approach that the freedom of thought is limitless, but expression of that thought could establish a ground for crime is not compatible with requirements of a democratic order. There should not be a limitiation on expression of thoughts which do not openly carry any nature of incitement for action and for committing crime. Expression of thought should be seperated from action.
In democratic societies, it can only be possible to limit the actions rather than expression of thought. The rule of equality do not make possible to limit the freedom of expression of thought. The limits brought to the freedom should be carefully treated as it is regarded as limiting the borders of the human personality. Limitations should neither be at the level to abolish freedoms nor to make no use of those.
Provisions of the human rights law accepted as an indicator of civilisation should be reflected into our national law system. The Constitution and related legislation should be revised in the light of universal standards of human rights conventions.." (27 April 1999, quoted from the speech of the Head of Constitutional Court Ahmet Necdet Sezer on the occasion of 37th anniversary of the Court)
Owner of the above-quated words vetoed the removal of the Article 8 of the Anti-Terror Law under which the expression of thought is prosecuted. He, therefore, said "continue to prosecute the thoughts".
No! Turkey does not deserve this. The ones, who defended the freedom of expression yesterday, forces to use their authorities to prison the thoughts today. President Sezer who who wanted an immediate changes in the Constitution and national legislation to ensure the freedom of expression and to acquire universal human rights standards into legislation in 1999, reacts today for the elimination of an article which prosecutes expression of thought. Mr. President owes an explanation to us and to the public. He should be able to explain reasons why he regards the freedom of expression harmful for his citizens.
As Human Rights Association, we call on the government and the Grand National Assembly of Turkey to hold on to their initial decision and to adopt the articles vetoed by the President. Civil society organisations, intellects, law agents and all public opinion should hold on to their freedoms and extend their support to the government and the Grand National Assembly. The Human Rights Association shall continue to support all initiatives attemting to enlarge the borders of freedom of expression.
Yusuf ALATAŞ
Acting President
Human Rights Association