The regulation known as “influence agency”, which the government has been trying to add to the law for some time and which expands the scope of the crime of espionage, continues to be a subject of debate.
Despite the backlash, the government and its partner MHP have not given up on the regulation.
As a result, the Notary Public Law Proposal, which includes the regulation, will be discussed in the General Assembly of the Turkish Grand National Assembly this week.
Ali Özgündüz, a former prosecutor and one-time CHP deputy in the Turkish Grand National Assembly, has issued important warnings on this issue.
“If enacted, freedoms will be seriously harmed”
Özgündüz, in a statement made on his Twitter account, said, “This regulation on the crime of ‘influence agency’, which is intended to be added to the Turkish Penal Code, is a very dangerous and vague regulation that could make everyone who thinks, expresses their thoughts, writes, speaks, and objects to the practices of the government a ‘potential defendant’,” and continued his warnings as follows:
“If enacted into law, freedom of expression, the right to engage in political activity, the right to hold meetings and demonstrations, and freedom of the press will be seriously harmed. Because who will determine what the ”security or internal or external political interests of the state” in the definition of the crime is?! The government!.
He counted the risks one by one
Öztunç continued his warnings as follows:
“Who will determine whether the activity/action or words spoken are in line with the ”strategic interests of a foreign state or organization”? The government!.
- For example, when you criticize the government's Syria policy, when you oppose the government's actions in the northern region of Syria with the so-called OSÖ and other armed opposition elements, you can be called acting in accordance with the strategic interests of the Syrian state to the detriment of ‘the security and foreign political interests of our country’.
- Again, when you oppose the sale of the Tank/Palet factory, the government can say ”this is not a sale, it is the transfer of operating rights, and those who oppose this are those who oppose the strengthening of our country's defense industry”, and they can characterize this as an action against our country in favor of other states and make you a suspect/accused.
- Or, if you oppose a ‘settlement process’ with the PKK (or tomorrow the PYD/YPG) terrorist organization, you may be prosecuted for acting ‘against the security, domestic and foreign political interests of the state and in the interest of another state’.
- No matter how much you say ‘what you are doing is against the security, internal and external interests of the state’, you cannot make your point!.
- In other words, the legal elements of the crime described are not clear, they are very vague and left to the whim of the government, so to speak.
“It should not be enacted in this form”
Öztunç concluded his allegations as follows:
“It can be pulled in all directions ‘like a rubber band’ as the popular expression goes. This situation is against the principle of legality of crime. It should never be enacted in this form. Everyone who fights for democracy, the rule of law, rights and freedom should object to this regulation.”