The legislative package proposes to add a new penalty, Article 339/A “Committing offenses against the security or political interests of the state” under the seventh section, “Crimes Against State Secrets and Espionage,” of the Turkish Penal Code (Law No. 5237)

Türkiye’s parliament must reject the draft amendment to the country’s ‘espionage’ laws which, if passed, would significantly threaten the ability of civil society organizations to operate freely within the country, said more than 80 organizations ahead of an expected vote in parliament. Scores of other organizations issued similar statements, calling on the legislators to reject the proposal.  

If passed, this law would represent a significant threat to the ability of civil society to operate freely within the country 

If approved, the new article – publicly referred to as the “agents of influence” law – would amend the penal code and criminalize unspecified “acts” that are “in line with the strategic interests or instructions of a foreign state or organization against the security or domestic or foreign political interests of the State in line with the strategic interests or instructions of a foreign state or organization.”

“If passed, this law would represent a significant threat to the ability of civil society to operate freely within the country,” the civil society organizations said in a joint statement.

The signatories point at the fact that the draft law fails the test of legal certainty and foreseeability, a fundamental tenet of law – meaning that articles of law must be understandable and predictable by the relevant people; individuals must be able to foresee which acts or omissions will make them criminally liable and what punishment will be applied for the act or omission committed.

The proposed legislative package, passed by the Parliamentary Justice Commission on 23 October, is expected to be voted on by members of the Turkish Parliament in the coming days. 

The draft law threatens to criminalize legitimate activities such as the documentation of human rights violations by state or non-state actors, imposing heavy penalties including lengthy prison terms for anyone found to have breached the same. If these so-called offenses are committed during “wartime” or in relation to the “state’s preparation for or war activities or military operations”, the penalty could be between eight to 12 years imprisonment.  

If the provision is adopted, the rights to freedom of expression of all, including seeking and receiving information, would be also at risk of being violated

“We are also concerned that the proposed law fails to set out clear criteria for what specific acts constitute a criminal offence without adequate safeguards or effective remedies against potential abuses of the law,” said the organizations. 

“Arbitrary interpretation of broadly worded, vague laws are used to target and prosecute human rights defenders, journalists, lawyers and many other civil society organizations in Türkiye. If the provision is adopted, the rights to freedom of expression of all, including seeking and receiving information, would be also at risk of being violated. It would create a chilling effect on important human rights work, and potentially impede their activities.” 

Background 

The legislative package proposes to add a new penalty, Article 339/A “Committing offenses against the security or political interests of the state” under the seventh section, “Crimes Against State Secrets and Espionage,” of the Turkish Penal Code (Law No. 5237).  

Terminology in the proposed article is vulnerable to abuse. For example, “strategic interests,” “instructions,” “organization,” and “domestic or foreign political interests of the State” are overly broad and vague. Ill-defined or overly broad laws can be susceptible to arbitrary application and abuse, thus risk being instrumentalized to target people that the state authorities consider dissenting or criminalize the legitimate activities of civil society organizations, such as those documenting human rights violations in the country.  

The proposed article is in violation of international human rights law and standards as well as Türkiye’s Constitution and national laws as it threatens freedom of expression and violates the principle of legality which includes the principle of foreseeability, a fundamental concept of criminal law. 

As well as the signatories to this statement, numerous other organizations have published their own statements including the Association of Civil Society Development Center (see here), the Women’s Platform for Equality (see here), the Third Sector Foundation of Turkiye (see here), the International Press Institute (see here), the Committee to Protect Journalists (see here), Human Rights Watch (see  here), journalism organisations, trade unions and others (see here).

For more information, please contact press@amnesty.org in London or esra.acikgoz@amnesty.org.tr in Istanbul  

The number of signatories to the joint statement is increasingly daily. A copy of the statement is being sent to all Turkish MPs.

SIGNATORIES
1. About Life Foundation (YADA) 
2. AG-DA Gender Equality Solidarity Network 
3. Ali İsmail Korkmaz Foundation 
4. Altyazı Cinema Association 
5. Amnesty International Türkiye 
6. Ankara Initiative for Freedom of Thought 
7. Ankara Solidarity Academy 
8. Another School is Possible Association 
9. Association for Monitoring Equal Rights 
10. Batman Bar Association 
11. Bodrum Women’s Solidarity Association 
12. Center for Spatial Justice 
13. Citizen’s Initiative 
14. Citizens’ Assembly 
15. DEMOS Research Association 
16. Dersim Bar Association 
17. Diyarbakır Bar Association 
18. Families of LGBTs in İstanbul 
19. Free Colors Association 
20. GALADER-Ankara Rainbow Families Association 
21. Green Thought Association 
22. Hakkari Bar Association 
23. Human Rights Agenda Association 
24. Human Rights Association 
25. Human Rights Association Ankara Branch LGBTI+ Commission 
26. Human Rights Association Istanbul Branch 
27. Human Rights Foundation of Türkiye 
28. Izmir Women’s Solidarity Association 
29. Kaos GL Association 
30. Katre Women’s Counceling and Solidarity Association 
31. Kirkayak Culture – Migration and Cultural Studies Center 
32. Kuşadası Caferli Beautification and Solidarity Association 
33. Lambdaistanbul LGBT Solidarity Association 
34. Lawyers for Freedom Association 
35. Leader Women Association 
36. Life Memory Freedom Association 
37. Mardin Bar Association 
38. Marmaris Public Assembly 
39. May 17 Association 
40. Media and Law Studies Association 
41. Merdiven Social Initiative and Development Association 
42. Migration Monitoring Association 
43. Muamma LGBTI+ Education Research and Solidarity Association 
44. Muğla Environment Platform 
45. Murat Çekiç Association 
46. Muş Bar Association 
47. Natural Life Association 
48. Nonviolence Education and Research Center 
49. P24 Independent Journalism Platform 
50. Press, Publishing, Communication, and Postal Workers’ Union 
51. Pride Istanbul 
52. Progressive Journalists Association 
53. Red Umbrella Sexual Health and Human Rights Association 
54. Rights Initiative Association 
55. Romani Godi – Association for Roma Memory Studies 
56. Rosa Women’s Association 
57. SES Equality and Solidarity Association 
58. Siirt Bar Association 
59. Social Policy, Gender Identity and Sexual Orientation Studies Association 
60. Support for Improvement in Social and Economic Living Association 
61. Şanlıurfa Bar Association 
62. Şırnak Bar Association 
63. Tarlabaşı Community Support Association 
64. The Civil Society in the Penal System Association 
65. The Confederation of Public Employees’ Trade Unions 
66. Trans Pride Istanbul 
67. Truth Justice Memory Center 
68. Turkish Handicap Association 
69. Türkiye Human Rights Litigation Support Project 
70. Türkiye Journalists’ Union 
71. Türkiye Press, Publishing, and Printing Employees’ Union 
72. University Queer Studies and LGBTI+ Solidarity Association 
73. Van Bar Association 
74. Velvele 
75. Women for Women’s Human Rights Association 
76. Women’s Culture, Arts, and Literature Association 
77. Women’s Solidarity Foundation 
78. Women’s Time Association 
79. Young Thought Institute 
80. Youth Organizations Forum 
81. Yuva Association