Draft law on state secrets prompts concerns in Turkey amid profiling leaks


Date posted: December 12, 2013

ANKARA

The draft bill on what constitutes a state secret in Turkey that brings harsh penalties for disclosure has sparked concerns in Turkey against the background of the revelation of confidential documents that exposed massive government profiling of innocent citizens.

The draft law states that disclosing or providing access to pieces of information or documents that might undermine foreign relations, defense or the security of the country or that may pose risks to the constitutional order or foreign relations will be regarded as state secrets. Those who fail to keep classified state documents secret will be punished as outlined by Article 258 of the Turkish Penal Code (TCK). If state secrets are revealed through the media, press or the Internet, the punishment will be increased by half. This makes a prison term of six years.

Starting last month, the Taraf daily published several confidential documents suggesting that the Justice and Development Party (AK Party) and the National Intelligence Organization (MİT) profiled individuals linked to some religious and faith-based groups. The party admitted to the authenticity of the documents but argued that no action was taken to implement the policy prescriptions they contained.

Last week, however, the Prime Ministry, MİT and the National Security Council (MGK) filed a joint criminal complaint against the daily and Baransu for revealing confidential state documents. The complaint immediately sparked an investigation into the journalist. Baransu now faces charges of acquiring confidential documents crucial to state security, revealing state secrets and political and military espionage. He could face a prison term of up to 43 years if convicted of the charges. A state secret is a concept that is difficult to define with precision, according to prominent legal experts, and giving broad authority to a board to decide which documents are to be considered state secrets is anti-democratic.

The draft law, which is pending discussion and voting in Parliament, envisions redefining the identification, preservation and disclosure of classified information and documents. In addition to redefining the concept of what constitutes a state secret, the draft law would institute a time limit on the confidentiality of such secrets — a maximum of 50 years.

Taraf reported on Thursday that if enacted, the draft law on state secrets will introduce a board that will decide, on the basis of certain criteria, which documents or pieces of information should be regarded as a state secret and thus not revealed to the public.

According to the bill, a newly established State Secrets Board (DSK) will be composed of undersecretaries from the Justice, Interior, Foreign and Defense Ministries and chaired by the undersecretary of the Prime Ministry. The DSK will define the concept of state secret and classify documents accordingly. If there is a legal challenge to the DSK’s decision, a higher board called the Supreme Board of State Secrets (DSÜK), comprising Cabinet members from the same ministries and chaired by the prime minister himself, will have the ultimate authority to decide.

Republican People’s Party (CHP) Mersin deputy Ali Rıza Öztürk, a member of the parliamentary Justice Commission, told Today’s Zaman that the draft law would pave the way for the state to commit crimes under the veil of state secrets. “[If enacted] the law will allow the political power of the country [referring to the government] to keep any document or pieces of information it wishes a secret from the public.”

Öztürk also said the draft law is against the Constitution, adding that it will restrict people’s right to information while expanding the government’s “scope of secrecy.”

Retired military judge Ümit Kardaş, speaking to a Turkish daily on Thursday, said giving such broad authority to the prime minister is anti-democratic. “If enacted, the state secret law will drag Turkey into fascism,” he cautioned.

Nationalist Movement Party (MHP) Deputy Chairman Oktay Öztürk, also a member of the parliamentary Justice Commission, says it is anti-democratic to give a board to be chaired by the prime minister the authority to decide what constitutes a state secret. “The draft law [on state secrets] has no side to be approved of as it will not lead Turkey into peace or stability or make Turkey a democratic place,” he stated.

Öztürk also accused the AK Party government of corruption and injustice, and said it would not be surprising for a government that hides the Court of Accounts’ audit reports from Parliament to make the corruption and injustice it is engaged in a secret from the people.

An AK Party member of the parliamentary Justice Commission, on the condition of anonymity, told Today’s Zaman that the draft law drew harsh reactions from a group of legal scholars who expressed their opinion as the commission discussed the draft law.

“Those experts said the draft law would drive Turkey back to the past and that it would hurt the country’s democratic gains. Although the draft law was approved by the commission, the government has been unwilling to take it to Parliament’s agenda [for discussion and voting] since then. The reactions of those legal scholars could have an impact on this unwillingness,” he stated.

In addition, the DSK may deny state secrets to the requesting courts by providing justification for it. “The board may choose to not submit the information, documents or records demanded by courts, providing that the reasonable grounds for rejection of the courts’ demands are expressed.” Other confidential information that is not classified as a state secret will be released to the courts.

According to Taraf, the draft law gives broad authority to the prime minister to decide which documents to be considered as state secrets. As the chair of the DSK, the prime minister will be able to propose which documents and pieces of information should be recognized as confidential by petitioning the board. The chief of General Staff, ministers, the MGK and other state organizations and institutions will also have the right to make such a petition.

In addition, the Turkish Economic and Social Studies Foundation (TESEV) voiced criticism of the draft law in its report in November. According to the foundation, a state secret is a concept that is difficult to define with precision, which may lead all documents and pieces of information to be classified as secret by the state. In addition, stated TESEV, the fact that the DSK may deny state secrets to the requesting courts is “dangerous” as that may be aimed to protect state agencies from judicial supervision.

Source: Today's Zaman , December 12, 2013


Related News

Koza Altın latest victim of government silencing political dissent

Gold mining company Koza Altın A.Ş., the owner of Bugün daily and Kanal Türk TV station, had its activities halted on Tuesday in Çukuralan goldfield, one of the company’s five major gold mines, in a move that has been perceived as the most recent example of the government’s exploitation of inspections and red tape to put pressure on those with critical views.

Oligarchic clique’s devious plans

Şahin, a longtime friend and political partner of Prime Minister Recep Tayyip Erdoğan, insisted that “the government is run by a small oligarchy of elites in a way that excludes broad segments of the party constituency and the Turkish people.”

Hizmet movement sticks to principles, AK Party transformed by the state

Holding ia press conference in light of the recent row between the government and the Hizmet movement on Wednesday, Journalists and Writers Foundation (GYV) President Mustafa Yeşil asdi the Hizmet movement has not changed its principles in the last half century but the Justice and Development Party (AK Party) has been transformed by the state and lost its reformist nature.

Islamic scholar Gülen files libel case against PM Erdoğan

Gülen’s lawyer Nurullah Albayrak said on Monday that Erdoğan moved beyond borders of freedom of expression and used excessively harsh insults against the Islamic scholar. Gülen is demanding TL 100,000 in compensation for the allegedly denigrating remarks.

Kimse Yok Mu chair Cingöz: Everyone feels some type of oppression in Turkey

Kimse Yok Mu was designated a nongovernmental organization in March 2002. It had started its work following a devastating earthquake in Turkey in August 1999. Kimse Yok Mu now reaches out to different regions of the world affected by catastrophes. It is officially recognized by Turkey as an association that works for “public interest.”

AFSV Statement on Turkish Government Actions against Free Media

Today, the headquarters of among the few remaining independent media outlets were raided by the Erdogan regime. The directors, staff and journalists were forcibly removed from their position and replaced by Erdogan loyalists who pulled the plug on live broadcast.

Latest News

Fethullah Gulen – man of education, peace and dialogue – passes away

Fethullah Gülen’s Condolence Message for South African Human Rights Defender Archbishop Desmond Tutu

Hizmet Movement Declares Core Values with Unified Voice

Ankara systematically tortures supporters of Gülen movement, Kurds, Turkey Tribunal rapporteurs say

Erdogan possessed by Pharaoh, Herod, Hitler spirits?

Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case

A “Controlled Coup”: Erdogan’s Contribution to the Autocrats’ Playbook

Why is Turkey’s Erdogan persecuting the Gulen movement?

Purge-victim man sent back to prison over Gulen links despite stage 4 cancer diagnosis

In Case You Missed It

Students from 70 countries celebrate graduation in Turkey

Journalist reveals MGK decision to fight against all religious groups

Turkey’s fight against Gülen in the South Caucasus

Ex-AK Party delegate slams persecution of Hizmet movement

Erdogan in Africa: Gulen and trade ties

Anatolia in Los Angeles

Opposition leader Destici: Since when has exposing graft been a crime?

Copyright 2025 Hizmet News