The last execution of the death penalty in the Republic of Turkey was held on October 25, 1984. Turkey abolished the death penalty in 2002, changed the relevant articles of the Constitution, the new Turkish Penal Code (TCK) did not place it, and who reject the death penalty European Convention on Human Rights (ECHR) and agreed to that Protocol No. 6. It started to be mentioned frequently after the coup attempt on 15 July 2016. Today, we see that the death penalty is on the agenda again as a hot topic.
European Convention on Human Rights to which Turkey is bound (ECHR) and must not forget that on the additional protocols of the law. Consequently, Turkey has thought of making amendments to the Constitution regarding the death penalty, adopted at the 2004 European Convention on Human Rights (ECHR) is required to give up the 6th article and 13 additional protocols. If 360 votes are reached in the Parliament for this change, the change can be taken to a referendum. When more than 400 votes are exceeded in the Parliament, a Constitutional amendment can be made on the death penalty without the need for referendum.
When we look at the crimes stipulated in the Turkish Penal Code No. 765 (Removed) “Death penalty”:
Article 125 Offenses against the territory and sovereignty of the State
Article 126 Citizen’s participation in the war against the state
Article 127 foreign state’s drive to open warfare against Turkey
Article 128 Recruitment and hostile actions
Article 131 Destruction of military facilities
Article 132 Destroying the documents regarding the state security
Article 133 Espionage against state security
Article 136 disclosing information on state security
Article 137: Disclosure of information prohibited in time of war
Article 138 discoveries, ambitions and innovations that should remain confidential for the security of the state
Article 141 Organization in order to base the state order on the basis of class
Article 146 Crimes against the Constitution
Article 147 forcibly obstructing or encouraging the Council of Ministers to work
Article 149 armed riot against the government, the crime of encouraging people to arm themselves against each other.
Article 156 assassination of the President
Articles 403, 406, 407 Drug trafficking (converted to “heavy life imprisonment” in 1990.)
Article 418 Seasonal rape (converted to “heavy life imprisonment” in 1990.)
Article 439 Seasonal girl abductions (translated into “heavy life imprisonment” in 1990.)
Article 450 Murder
In the second paragraph of Article 26 of the Constitution with the title of freedom of expression and dissemination of thought, “for the purposes of not disclosing the information duly specified as state secrets, protecting the reputation or rights of others, private and family lives or professional secrets stipulated by the law, or fulfilling the judicial duty in accordance with the requirements of the law. may be restricted ”statement is a measure related to the news only and is not a restriction on the reporter.
In order to save our country from this bad situation and to realize the basic principle of “The press is free and cannot be censored”, which is protected by constitutional principles, first of all, social and political pressures on journalists should be removed.
Moreover, “Everyone has the freedom to express and express their views” referred to in Article 10 of the European Convention on Human Rights. This right includes freedom to hold opinions and to receive and impart information and ideas without interference by public authorities and regardless of frontiers. This article is also clarified with the provision that it does not prevent states from keeping radio, television and cinema enterprises under a permit regime ”.
The execution of the death penalty will fundamentally affect social life and individual behavior.
