2001 Appendices

• Table of Contents
• Abbreviations

Appendix 1: Statement of the Chief of General Staff on 7 December 2000

EVALUATION ON INTERNAL SECURITY OPERATION (2000)

The year 2000 attracted attention as a period, in which the violent dimension of terror, originating from the terrorist organization PKKKurdish Workers' Party , decreased. On the other hand, the PKK has made a visible effort to, first of all, become a political force and spread rapidly in different areas. Parallel to this development, the need for a counter struggle has become evident in various dimensions.

In this context, the struggle against terror gained three dimensions:

• The violent dimension of terror must be ended,
• The development of a political separatist movement based on ethnic nationalism must be prevented,
• Social and economic development in East and Southeast Anatolia must be secured and the shortcomings, which result in an exploitation by terror, must be redressed.

As known, the Turkish Armed Forces are actually carrying out the fight against the first dimension of terror.

A stable and gradually increasing success has been achieved in this struggle especially in the last 6 years.

As a result of this struggle;

• The events based on the initiative of the terrorist organization have gradually decreased and from 3,298 events reported in 1994 the number of events in 2000 dropped to 45.

In other words, while in the past there were 9 events per day, this figure now is 1 event in 9 days.

In addition, the number of;

• killed citizens in terrorist acts dropped from 1,479 to 15 in a year,
• of security forces’ martyrs went down from 1,145 to 29 in a year,
• wounded people down from more than 4,000 to 108 per year.
• This means that we stopped to add 7 martyrs and 11 veterans of war every day.

On the other hand;

• The terrorist organization that in the past was able to increase the number of terrorists to 11.000 and to hold at least half of them in the country orientating them to actions has turned into an organization that cannot maintain its existence in spite of all propaganda and support within and outside Turkey. The number of terrorists dropped to 4,000-4,500.
• And the organization now can hold only 10 % of them in Turkey.

In this situation it is possible to say that to a large extend the violent dimension of terror was taken under control in the year 2000.

This is the result of the heroism of the Turkish Armed Forces and our security forces and the patience of our nation, which has always given unrestricted support to them.

In the struggle over many years, carried out against the terrorist organization PKK with great self-sacrifice and under severe geographical and weather conditions;

• a total of 5,853 people became martyrs
• 11,946 members of the Turkish Armed Forces and of security forces were wounded.

Again in this struggle;

• a total of 5,405 citizens lost their lives,
• 6,056 citizens were wounded.

On the other hand, the existence of now approximately 4,500 terrorists is an important and continuing threat, although most of them are out of the country.

The terrorist organization PKK is trying to use the terrorists, which it still did not disarm, as a trump card against the State of the Republic of Turkey to get a reply to its call for so-called peace, which is the umbrella for its efforts to become a political force.

It can be seen that this call is interpreted in different ways by some circles both in and outside Turkey and even termed this call as an opportunity that Turkey should not ignore.

It will be useful to remind once more of the demands that the PKK put forward against the State of the Republic of Turkey under the pretext of a peace call. Some of them are:

• Consider our citizens of Kurdish origin as a separate nation and include this in the Constitution,
• Constitute autonomous administration in some of our regions by strengthening local administrations,
• Pardon all PKK terrorists now in prisons including the head of the terrorists and more than 10,000 convicted or arrested prisoners,
• Permit them to become politically active.
• In case that the State of the Republic of Turkey would not do so, the terrorist organization threats to restart armed actions.

As can be seen, the terrorist organization tries to realize, what it could not do by arms, through so-called peace calls.

The Turkish Armed Forces are aware of the impossibility even to discuss or to accept this and is determined and resolute to continue the fight till this threat is lifted, namely until the last terrorist will be made ineffective.

Therefore;

• The measures taken in our eastern and south eastern regions in the past, were continued exactly as they were,
• Operations conducted against terrorists were doubled in 2000 compared to previous years,
• Border crossing operations against terrorists, who were trying to settle in Northern Iraq, continued.

On the other hand;

It can be seen that the terrorist PKK organization developed some activities in different areas in order to force the State from inside and outside to react, in case that the State of the Republic of Turkey would not directly reply to their so-called peace call.

Although these activities are in general shortly defined “the politicisation of the PKK”, they are actually efforts to create and develop a political separatist movement based on ethnic nationalism.

This can be defined as the second dimension of terror.

To this end;

• Some sections of society in the country are being organized by legal and illegal organizations and directed to mass actions based on different applicable causes.
• An example of it was experienced in Adana on 22 October 2000, when during the population census children aged 10-15 were made to confront the police forces.
• In addition, they want to create a unique and active separatist political force under the control of the PKK by including some legal formations into their efforts of organizing the society.

The terrorist organization PKK is using some slogans as themes for persuading the public. These slogans are:

• ethnic identity
• education in the mother tongue
• radio and television broadcast in the mother tongue
• strengthening the local administrations

As known;

The PKK is a terrorist organization founded on a Marxist-Leninist line, which accepted terror as an instrument.

• The PKK claims that it defends the rights of our citizens living in the region. However, the terror created by the PKK mostly made the same people suffer; thousands and thousands of children, women and elderly people lost their lives and many thousands of them are now disabled.
• Many thousands villages have been destructed because of the terror of the PKK, the development in all areas of East and Southeast Anatolia and the efforts to invest in these regions have been obstructed and prevented for years.
• In the year 2000 we observed with disgust that the terrorist organization PKK presumed these realities non-existing and thought that our beloved nation has forgotten them and made efforts to find a place on the platform of so-called defense of democracy and human rights.
• The most encouraging developments for the PKK in these efforts have appeared in the process of Turkey’s entry to the European Union.
• The terrorist organization has come to the point of dossolution as the result of the fight against it carried out for years. It has not given up the aim to divide Turkey. The organization is trying to create a new form of existence for itself and a new area of struggle on the one hand, and on the other hand trying to make the security forces that are carrying out the fight against terror passive.

It is generally known that terrorism is a sort of violence that does not respect human rights. Terrorism is termed the most important element of threat against humanity and democracies and all member states of international institutions are called for a common counter fight.

The European Union has accepted this as a principle and according to the Article 29 the of EU agreement, all members of the union are obliged to fight against terrorism.

Nevertheless, it is known that some member states of the EU have openly or secretly supported the terrorist organization PKK in the past and they were the main factors for the PKK to keep up its existence until today.

Some events and the fact that some units of EU have gone as far as addressing the terrorist organization, have raised suspicions in public opinion that the support for the terrorist organization is continuing.

This encourages the terrorist PKK organization in continuing its actions and makes Turkey’s efforts to terminate terror difficult.

There is no doubt that the most important wish of everybody is a Turkey, in which no ethnic and religious differences are exploited and no terror originating from this exploitation exists.

The absolutely necessary condition of it is to eradicate terror with its all aspects.

Today, there are more than 40 active terrorist organizations based on ethnic, ideological and extreme religious beliefs in Turkey.

The number of convicted and arrested prisoners connected to these organizations alone is approximately 11,000.

Yet, many of the terrorists easily find shelter especially in European countries.

Turkey is conducting a great struggle for eradicating terror, which is a universal crime against humanity.

This is, first of all, a struggle for genuine human rights and democracy…

Appendix 2: Amendments to the 1982 Constitution

The full text of the Constitution can be found as an official translation on

http://www.tbmm.gov.tr/anayasa/constitution.htm

CONSTITUTIONAL AMENDMENTS OF OCTOBER 2001

The constitutional amendments changed provisions in the preamble and 33 Articles of the 1982 Constitution. Law No. 4709 passed the Grand National Assembly on 3 October 2001. State President Ahmet Necdet Sezer ratified all but Article 27 of this law. These Articles entered into force on 17 October by promulgation in the Official Gazette. State President Ahmet Necdet Sezer had asked for a referandum on Article 27 (wages of deputies), but this provision (Article 86 of the Constitution) was changed again and entered into force on 1 December 2001.

The changes according to Law No. 4709 are:

Article 1. In the Preamble

The recognition that no protection shall be accorded to an activity (instead of thought and intent) contrary to Turkish national interests…

Article 2 changed

ARTICLE 13 as follows:

Fundamental rights and freedoms may be restricted only by law and in conformity with the reasons mentioned in the relevant articles of the Constitution without infringing upon their essence. These restrictions shall not be in conflict with the letter and spirit of the Constitution and the requirements of the democratic order of the society and the secular Republic and the principle of proportionality.

Article 3 changed

ARTICLE 14 as follows:

None of the rights and freedoms embodied in the Constitution shall be exercised with the aim of violating the indivisible integrity of the state with its territory and nation, and endangering the existence of the democratic and secular order of the Turkish Republic based upon human rights.

No provision of this Constitution shall be interpreted in a manner that enables the State or individuals to destroy the fundamental rights and freedoms embodied in the Constitution or to stage an activity with the aim of restricting them more extensively than stated in the Constitution.

The sanctions to be applied against those who perpetrate these activities in conflict with these provisions shall be determined by law.

Article 4 changed the first sentence of para 5, the last para and para 6 of 

ARTICLE 19 as follows:

Everyone has the right to liberty and security of person.

No one shall be deprived of his or her liberty except in the following cases where procedure and conditions are prescribed by law:

Execution of sentences restricting liberty and the implementation of security measures decided by court order; apprehension or detention of an individual in line with a court ruling or an obligation upon him designated by law; execution of an order for the purpose of the educational supervision of a minor or for bringing him or her before the competent authority; execution of measures taken in conformity with the relevant legal provision for the treatment, education or correction in institutions of a person of unsound mind, an alcoholic or drug addict or vagrant or a person spreading contagious diseases, when such persons constitute a danger to the public, apprehension or detention of a person who enters or attempts to enter illegally into the country or for whom a deportation or extradition order has been issued.

Individuals against whom there is strong evidence of having committed an offence can be arrested by decision of a judge solely for the purposes of preventing escape, or preventing the destruction or alteration of evidence as well as in similar other circumstances which necessitate detention and are prescribed by law. Apprehension of a person without a decision by a judge shall be resorted to only in cases when a person is caught in the act of committing an offence or in cases where delay is likely to thwart the course of justice; the conditions for such acts shall be defined by law.

Individuals arrested or detained shall be promptly notified, and in all cases in writing, or orally, when the former is not possible, of the grounds for their arrest or detention and the charges against them; in cases of offences committed collectively this notification shall be made, at the latest, before the individual is brought before a judge.

An individual detained or arrested shall be brought before a judge within at latest forty-eight hours and in the case of offences committed collectively within at most four days, excluding the time required to be sent to the nearest Court to the place of arrest. No one can be deprived of his or her liberty without the decision of a judge after the expiry of the above-specified periods. These periods may be extended during a state of emergency, under martial law or in time of war.

The arrest or detention of a person shall be notified to next of kin immediately.

Arrested persons can ask for a hearing or release in an appropriate period of time during investigation or trial. Release may be made conditional to the presentation of an appropriate guarantee with a view to securing the presence of the person at the trial proceedings and the execution of the court sentence.

The person, whose freedom is restricted for whatever reason, has the right to appeal to the competent authority in order to get a decision on his/her situation and, if the restriction is illegal, to be released.

Damage suffered by persons subjected to treatment contrary to the above provisions shall be compensated by the State with respect to the general principles of the law on compensation.

Article 5 cancelled the third sentence in the first para and changed the second para of

ARTICLE 20 as follows: 

Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of crime commitment, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorised by law in cases where delay is prejudicial, again on the above-mentioned grounds, neither the person nor the private papers, nor belongings, of an individual shall be searched nor shall they be seized. The decision of the authorized agency shall be submitted for the approval of the judge having jurisdiction within 24 hours. The judge shall announce his decision within 48 hours from the time of seizure; otherwise, seizure shall automatically be lifted.

Article 6 changed

ARTICLE 21 as follows: 

The domicile of an individual shall not be violated.

Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of crime commitment, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorised by law in cases where delay is prejudicial, again on the above-mentioned grounds, no domicile may be entered or searched or the property therein seized. The decision of the authorised agency shall be submitted for the approval of the judge having jurisdiction within 24 hours. The judge shall announce his decision within 48 hours from the time of seizure; otherwise, seizure shall automatically be lifted.

Article 7 changed

ARTICLE 22 as follows: 

Everyone has the right to freedom of communication. Secrecy of communication is fundamental.

Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of crime commitment, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorised by law in cases where delay is prejudicial, again on the above-mentioned grounds, communication shall not be impeded nor its secrecy be violated. The decision of the authorised agency shall be submitted for the approval of the judge  having jurisdiction within 24 hours. The judge shall announce his decision within 48 hours from the time of seizure; otherwise, seizure shall automatically be lifted.

Public establishments or institutions where exceptions to the above may be applied are defined by law.

Article 8 excluded the term “the economic condition of the country from para 5 in

ARTICLE 23 

Article 9 changed para 2, annuled para 3 and added one last para to

ARTICLE 26 in the following way: 

The exercise of these freedoms may be restricted for the purposes of protecting national security, public order and public safety, the basic characteristics of the Republic and safeguarding the indivisible integrity of the State with its territory and nation, preventing crime, punishing offenders, withholding information duly classified as a state secret, protecting the reputation and rights and private and family life of others, or protecting professional secrets as prescribed by law, or ensuring the proper functioning of the judiciary.

…

The formalities, conditions and procedures to be applied in exercising the right to expression and dissemination of thought shall be prescribed by law.

Article 10 lifted the second para from

ARTICLE 28 (on press freedom) 

Article 11 changed the second para of

ARTICLE 31 as follows: 

The law shall not impose restrictions preventing the public from receiving information or forming ideas and opinions through these media, or preventing public opinion from being freely formed, on the grounds other than national security, public order, public morals, or the protection of public health.

Article 12 changed

ARTICLE 33 as follows: 

Everyone has the right to form associations, or become a member of an association, or withdraw from membership without prior permission.

No one shall be compelled to become or remain a member of an association.

Freedom of association may only be restricted by law on the grounds of protecting national security and public order, or prevention of crime commitment, or protecting public morals, public health.

The formalities, conditions, and procedures governing the exercise of freedom of association shall be prescribed by law.

Associations may be dissolved or suspended from activity by the decision of a judge in cases prescribed by law. In cases where delay endangers national security or public order and in cases where it is necessary to prevent the perpetration or the continuation of a crime or to effect apprehension, an authority designated by law may be vested with power to suspend the association from activity. The decision of this authority shall be submitted for the approval of the judge in charge within twenty-four hours. The judge shall announce his decision within forty-eight hours, otherwise this administrative decision shall be annulled automatically.

Provisions of the first paragraph shall not prevent imposition of restrictions on the rights of armed forces and security forces officials and civil servants to the extent that the duties of civil servants so require.

The provisions of this article are also applicable to foundations.

Article 13 changed

ARTICLE 34 as follows: 

Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission.

The right to hold meetings and demonstration marches shall only be restricted by law on the grounds of national security, and public order, or prevention of crime commitment, public health and public morals or for the protection of the rights and freedoms of others.

The formalities, conditions, and procedures governing the exercise of the right to hold meetings and demonstration marches shall be prescribed by law.

Article 14 added the term “fair trial” in the following sentence of

ARTICLE 36 

Everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial before the courts through lawful means and procedures.

Article 15 added the following paras to 

ARTICLE 38 

The death penalty shall not be imposed excluding the cases in time of war, imminent threat of war and terrorist crimes.

Findings obtained through illegal methods shall not be considered as evidence.

No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.

Article 16 added the following para to  

ARTICLE 40.  (As amended on October 17, 2001)

The State, is obliged to indicate in its transactions, the legal remedies and authorities the persons concerned should apply and their time limits.

Article 17 added the term “equality between the spouses” to

ARTICLE 41

Article 18 changed

ARTICLE 46 as follows:

The State and public corporations shall be entitled, where the public interest requires it, to expropriate privately owned real estate wholly or in part and impose administrative servitude on it, in accordance with the principles and procedures prescribed by law, provided that the actual compensation is paid in advance.

The compensation for expropriation and the amount regarding its increase rendered by a final judgement shall be paid in cash and in advance. However, the procedure to be applied for compensation for expropriated land in order to carry out land reform, major energy and irrigation projects, and housing and resettlement schemes and afforestation, and to protect the coasts and to build tourist facilities shall be regulated by law. In the cases where the law may allow payment in instalments, the payment period shall not exceed five years, whence payments shall be made in equal instalments.

Compensation for the land expropriated from the small farmer who cultivates his own land shall in all cases be paid in advance.

An interest equivalent to the highest interest paid on public claims shall be implemented in the instalments envisaged in the second paragraph.

Article 19 changed the second para and lifted para 3 of 

ARTICLE 49 (para 2)

The State shall take the necessary measures to raise the standard of living of workers, and to protect workers and the unemployed in order to improve the general conditions of labour, to promote labour, to create suitable economic conditions for prevention of unemployment and to secure labour peace.

Article 20 changed 

ARTICLE 51 as follows: 

Employees and employers have the right to form labour unions employers’ associations and higher organizations, without obtaining permission, and they also possess the right to become a member of a union and to freely withdraw from membership, in order to safeguard and develop their economic and social rights and the interests of their members in their labour relations. No one shall be forced to become a member of a union or to withdraw from membership.

The right to form a union shall be solely be restricted by law and with the purposes of safeguarding national security and public order and to prevention of crime commitment, protection of public health and public morals and the rights and freedoms of others.

The formalities, conditions and procedures to be applied in exercising the right to form union shall be prescribed by law.

Membership in more than one labour union cannot be obtained at the same time and in the same work branch.

The scope, exceptions and limits of the rights of civil servants who do not have a worker status are prescribed by law in line with the characteristics of their job.

The regulations, administration and functioning of labour unions and their higher bodies should not be inconsistent with the fundamental characteristics of the Republic and principles of democracy.

Article 21 changed the last para of 

ARTICLE 55 as follows: 

In determining the minimum wage, the living conditions of the workers and the economic situation of the country shall be taken into account.

Article 22 changed the title of and  

ARTICLE 65 as follows:

XIII. The Extent of Social and Economic Duties of the State

Article 23 removed the second sentence from the second para of

ARTICLE 66

Article 24 changed the final paras of

ARTICLE 67 as follows: 

Privates and corporals serving in the armed services, students in military schools, and convicts in penal execution excluding those convicted of negligent offences cannot vote. The Supreme Election Council shall determine the measures to be taken to ensure the safety of the counting of votes when detainees in penal institutions or prisons vote; such voting is done under the on-site direction and supervision of authorized judge. The electoral laws shall be drawn up in such a way as to reconcile the principles of fair representation and consistency in administration. 

The amendments made in the electoral laws shall not be applied to the elections to be held within the year from when the amendments go into force.

Article 25 changed the final paras of  

ARTICLE 69 as follows: 

The permanent dissolution of a political party shall be decided when it is established that the statute and programme of the political party violate the provisions of the fourth paragraph of Article 68.

A political party shall be deemed to become the centre of such actions only when such actions are carried out intensively by the members of that party or the situation is shared implicitly or explicitly by the grand congress, general chairmanship or the central decision-making or administrative organs of that party or by the group’s general meeting or group executive board at the Turkish Grand National Assembly or when these activities are carried out in determination by the above-mentioned party organs directly.

Instead of dissolving them permanently in accordance with the above-mentioned paragraphs, the Constitutional Court may rule the concerned party to be deprived of State aid wholly or in part with respect to intensity of the actions brought before the court.

The foundation and activities of political parties, their supervision and dissolution, or their deprival of State aid wholly or in part as well as the election expenditures and procedures of the political parties and candidates, are regulated by law in accordance with the above-mentioned principles.

Article 26 changed

ARTICLE 74 as follows: 

Citizens and foreigners resident considering the principle of reciprocity have the right to apply in writing to the competent authorities and to the Turkish Grand National Assembly with regard to the requests and complaints concerning themselves or the public.

The result of the application concerning himself shall be made known to the petitioner in writing without delay.

The way of exercising this right shall be determined by law.

Article 28 changed

ARTICLE 87 as follows: 

The functions and powers of the Turkish Grand National Assembly comprise the enactment, amendment, and repeal of laws; the supervision of the Council of Ministers and the Ministers; authorisation of the Council of Ministers to issue governmental decrees having the force of law on certain matters; debating and approval of the budget draft and the draft law of the final accounts, making decisions regarding the printing of currency and declaration of war; ratifying international agreements, deciding with the three fifth’s of the Turkish Grand National Assembly on the proclamation of amnesties and pardons of the Constitution; confirming death sentences passed down by the courts; and exercising the powers and executing the functions envisaged in the other articles of the Constitution.

Article 29 changed the second para of  

ARTICLE 89 as follows: 

He [President of the Republic] shall, within the same period [15 days], refer to the Turkish Grand National Assembly for further consideration, laws which he deems wholly or in part or unsuitable for promulgation, together with a statement of his reasons. In the event of being deemed unsuitable by the President, the Turkish Grand National Assembly may only discuss those articles deemed to be unsuitable. Budget laws shall not be subjected to this provision.

Article 30 changed the first sentence of para 4 of

ARTICLE 94 as follows: 

The candidates from among the members of the Assembly for the Office of the Speaker of the Turkish Grand National Assembly shall be announced, within five days of the convening of the Assembly, to the Bureau of the Assembly.

Article 31 changed the beginning and end of

ARTICLE 100 as follows: 

Parliamentary investigation concerning the Prime Minister or other ministers may be requested through a motion tabled by at least one-tenth of the total number of members of the Turkish Grand National Assembly. The Assembly shall consider and decide on this request with a secret ballot within one month at the latest.

…At the end of this period, the report shall be submitted to the Office of the Speaker of the Turkish Grand National Assembly.

Article 32 changed the first and third para of

ARTICLE 118 as follows:

The National Security Council shall be composed of the Prime Minister, the Chief of the General Staff, Deputy Prime Ministers, Ministers of Justice, National Defence, Internal Affairs, and Foreign Affairs, the Commanders of the Army, Navy and  Air Forces and the General Commander of the Gendarmerie, under the chairmanship of the President of the Republic…

The National Security Council shall submit to the Council of the Ministers its views on the advisory decisions that are taken and ensuring the necessary condition with regard to the formulation, establishment, and implementation of the national security policy of the state. The Council of Ministers shall evaluate decisions of the National Security Council concerning the measures that it deems necessary for the preservation of the existence and independence of the state, the integrity and indivisibility of the country and the peace and security of society.

Article 33 changed the first para of

ARTICLE 149 as follows:

The Constitutional Court shall convene with its president and ten members, and shall take decisions by absolute majority. Decision of annulment of Constitutional amendments and closure in the cases of the political parties shall be taken by three-fifths majority.

Article 34 removed the last para from

PROVISIONAL ARTICLE 15

providing that laws passed between 12 September 1980 to the date of the formation of the Bureau of the Turkish Grand National Assembly cannot be challenged as contravening the Constitution.