Bill including 'influence agent' regulation in judiciary accepted by Justice Committee
The "omnibus bill" containing regulations on the judiciary, which the opposition describes as an "influence agent law," was accepted by the Justice Committee despite warnings from NGOs and the opposition regarding its 16th article.
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Accordingly, those who conduct or commission research on Turkish citizens or foreigners in Turkey in line with the interests of a foreign state or organization will be punished with imprisonment.
Those tried for this crime will face prison sentences ranging from three to seven years.
With the new article to be added to the Turkish Penal Code, those who commit crimes in favor of other states will be punished for both espionage and the other crimes they have committed.
If the crime is committed during wartime or endangers the state's war preparations, the perpetrator may be sentenced to eight to 12 years in prison.
If the crime is committed by those working in strategic institutions, the sentence will be increased by one fold.
ARTICLE DROPPED FROM 9TH JUDICIAL PACKAGE INCLUDED IN OMNIBUS BILL
The "omnibus bill," consisting of 23 articles that include changes or regulations in 12 different laws—which the Committee Chair stated is a "continuation of the ninth judicial package currently on the General Assembly agenda"—was accepted by the Justice Committee after deliberations were completed, despite warnings from NGOs and the opposition regarding its 16th article, which the opposition defines as an "influence agent law."
'ARTICLE 16 MUST BE IMMEDIATELY REMOVED FROM THE PROPOSAL'
The change included in Article 16 of the proposal led to heated debates between ruling and opposition MPs. NGO spokespeople and MIT representatives also expressed their views during the discussions. Non-governmental organizations suggested that Article 16 be immediately removed from the proposal.
The article in question:
ARTICLE 16- With this article, a new crime is established by adding an article to the Second Book, Fourth Part, Seventh Chapter of the Turkish Penal Code No. 5237. The aforementioned Seventh Chapter regulates "Crimes Against State Secrets and Espionage." In general, this Chapter regulates and imposes sanctions on the destruction, damage, procurement, or disclosure of documents and information regarding the security and internal or external political interests of the State. The commission of these acts for the purpose of political or military espionage is also regulated as a crime. No sanction has been foreseen for other activities carried out against the security and internal or external political interests of the State, other than the procurement or disclosure of documents and information. With this article, a new crime is established under the name of "committing a crime against the security or political interests of the State," and it is regulated that those who commit crimes in line with the strategic interests or instructions of a foreign state or organization against the security and internal or external political interests of the State will be punished with imprisonment from three to seven years. Thus, committing a crime for the purpose of espionage, other than the procurement or disclosure of documents and information, is also regulated as a separate crime, and it is aimed to combat espionage activities more effectively.
The bill, which has been criticized by NGOs, politicians, and citizens since it was brought to the agenda, also led to long-lasting debates in the Committee. Upon the start of the Committee's deliberations on the proposal, press professional organizations had protested the lawlessness and pressures that would arise if the proposal were to become law.