Union of Turkish Bar Associations reacts to 'influence agent' regulation

The Union of Turkish Bar Associations has expressed concern that the regulation to be discussed in the Grand National Assembly of Turkey (TBMM), known publicly as 'influence agent' legislation, contains legal ambiguities and could lead to rights violations.

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Union of Turkish Bar Associations reacts to 'influence agent' regulation

The 16th article of the 23-article legislative proposal, which is described as an "influence agent" regulation and adds a new definition of crime titled "Committing crimes against the security or political interests of the State" to the "Crimes Against State Secrets and Espionage" section of the Turkish Penal Code (TCK), has become a subject of debate.

The AKP has argued that the regulation is necessary for "combating new types of espionage."

The opposition and press professional organizations, on the other hand, have criticized the regulation with the concern that it "could turn into a witch hunt because it contains vague expressions."

A statement on the matter has come from the Union of Turkish Bar Associations.

Here is the Bar Associations' statement on influence agency:

"Article 16 of the Draft Law on Amendments to the Notary Law and Certain Other Laws, which was accepted by the Justice Commission of the Grand National Assembly of Turkey (TBMM) and is expected to begin deliberations in the TBMM General Assembly this week, adds Article 309/A, titled 'Committing Crimes Against the Security or Political Interests of the State,' known publicly as the 'influence agent' regulation, to the Turkish Penal Code.

The phrase 'strategic interests of a foreign state or organization' included in the proposal is an expression that does not exist in our criminal law system and is of a nature that allows for arbitrary assessments. It is clear that the expression in question is not legally foreseeable. In a democratic state governed by the rule of law, it is impossible to accept the inclusion of uncertain, vague, ambiguous expressions that are not foreseeable in terms of how they will be interpreted in the field of criminal law, which closely concerns the right to personal liberty and security and freedom of expression.

We request that these elements be taken into consideration while the Draft Law is being evaluated in the TBMM General Assembly, and that a regulation that is clearly contrary to the law and will cause rights violations not be implemented by the supreme Assembly. We present to the public's information that we are closely following the regulation and the process."

News Source: 12punto