Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Referring to its observation under the Convention, the Committee has noted the information provided by the Government in reply to its previous direct request.

Article 1(a) of the Convention. 1. In its earlier comments, the Committee requested the Government to supply information on the application in practice of the following provisions under which penalties of imprisonment (involving compulsory labour) may be imposed:

(a)  sections 65 and 172, read together with sections 125 and 146 of the Penal Code (incitement and public incitement to acts intended to decrease the independence or to disrupt the union of the State or to separate a part of its territory from the administration of the State; and incitement or public incitement to attempts to forcibly alter the Constitution of the Republic or prevent the National Grand Assembly from accomplishing its mission);

(b)  section 158 of the Penal Code (insulting the President of Turkey, using aggressive language against him in his absence, including by allusion or hint, or acting indecently or disrespectfully toward, or making indecent or disrespectful publications about, the office or the person of the President of Turkey);

(c)  sections 168, paragraph 2, and 169 of the Penal Code (membership of armed societies or bands or assisting them or facilitating their actions);

(d)  section 242 of the Penal Code (censuring, by ministers of religion making use of their titles, of government administration, laws or regulations or any duty or authority of governmental departments, or incitement by the same to disobey laws, government orders or official duties);

(e)  section 260 of the Penal Code (behaviour aimed at, and successful in, resisting the execution of any provisions of laws or regulations);

(f)  section 261 of the Penal Code (opening of schools or places of teaching contrary to laws and regulations);

(g)  sections 311 and 312, paragraph 1, of the Penal Code (incitement to penal offences, and public approval of acts punished by law as crimes, or calling up the population to disobey laws);

(h)  section 312a of the Penal Code (uttering public threats aimed at spreading fear among the population);

(i)  section 313 of the Penal Code (participation in a criminal association, in particular (paragraph 2) where it was set up to spread fear among the population, or with an intention derived from a political or social weltanschauung);

(j)  section 526, paragraph 2, of the Penal Code (disobeying orders or measures adopted by competent authorities for the protection of public order);

(k)  section 536, paragraph 1, of the Penal Code (unauthorized affixing of printed handwritten or drawn papers, posters, etc., on the boards designated by the competent authorities);

(l)  section 7 of the "Act against terrorism", No. 3713 of 12 April 1991, as amended (membership in a "terrorist organization");

(m)  section 1, paragraph 1, of the law concerning crimes committed against Atatürk (No. 5816 of 25 July 1951) (publicly insulting the memory of Atatürk), as well as section 1, paragraph 3, and section 2, paragraph 1, read together with section 1, paragraph 1, of the law.

2. The Committee has noted statistical information provided by the Government on the numbers of prosecutions brought under these provisions. It again requests the Government to supply copies of the court decisions which could define or illustrate the scope of these provisions, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Article 1(c) and (d). 3. Referring to its comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee has noted the adoption of Act No. 4688 on public employees’ trade unions. It again requests the Government to supply detailed information, including copies of relevant statutory provisions in force, concerning labour discipline and strikes of all persons in state employment or having the status of public servants, including teachers and other state employees which are not responsible for the exercise of state authority, such as employees of public services and enterprises.