May 13 2013: Civic disobedience demonstration in Turkey
On May 13, one of the biggest civic disobedience demonstrations will take place in front of Istanbul Caglayan Courthouse, door C, at 17.00.
The demonstration will protest against the Turkish Penal Code (TCK) article 318 (To alienate people from the military) by students, workers, domestic-workers, artists, writers, academics etc. This article of the penal code openly violates the freedom of thought and expression. Different people from different networks will express their thoughts individually on this day with the sentence "Do not join the military service because...".
Come and support this disobedience to oppose the anti-democratic article 318. You can also support this action by international and national media coverage, social-media sharing. Especially the international support will be crucial since the current regulations impose an intervention by the police force or a legal action against the activists.
The organization for this day stands to be different from the commonly known political organizations in Turkey. The basis of the action is to protect the freedom of expression in Turkey, without necessarily a common ideology between the activists.
The latest 4th Judicial Reform Package has modified the article TCK 318*. The pressure from the committee of ministers of the Council of Europe forced the government to make a reform on the article however this "adjustment" did not resolve the violations caused by this article. According to article 10 of the Turkish constitution, TCK318 itself is discrimination because the penal code does not define crimes against alienation of any other profession besides military service
Turkish Military Law is also discriminatory; the definition of citizenship by this law excludes women, homosexual men and physically or mentally disabled men as well.
At least 100 people will declare their reasons NOT to go to military service individually. The civic disobedience will not end at May13, everybody can join this action and state their sentences on the Internet and support this action, which will continue until the abrogation of TCK318.
To this day, many citizens were put to trial due to TCK318 by ideological decisions of judges and prosecutors. One of the most intriguing cases is the two-years and eight trials long "Everybody is born as a baby" case. One actor, two writers, one lawyer and one conscientious objector's father were put on trial because of their slogans "Everybody is born as a baby, not a soldier". The defendants had requested gynecology specialists to scientifically prove that people are born as babies, but the court denied their request. However, the intervening 3 women witnessed that they gave birth to babies and not soldiers. This legal parody was against the militarist motto of "All Turks are born as soldiers".
In another point, a dangerous law draft is on the table by the Turkish national police. A definitive sentencing will be implemented for those who have insulted the police. The current law allows the police force to shoot their guns to whoever they suspect to be "terrorist". Hundreds of people were shot and killed by the police on the basis of this law, and responsible officers were all liberated. The police use "disproportional force" especially towards activists, women, students, and protagonists during demonstrations. Even documented cases on police violence end the injured parties in trial for "resisting to the police". In these circumstances this law draft threatens the people's security even further.
TCK 318 old version:
(1) Whoever commits an act to alienate people from the military service will be sentenced to 6 months to 2 years of prison.
(2) The sentence will be increased to half of the original verdict if the act was committed by the media.
Proposed version for the change of paragraph (1):
(1) Whoever commits an act to drive those who are doing their military service to escape or whoever commits an act to discourage those who will join the military service, will be sentenced to 6 months to 2 years of prison.
On May 13, at 17.00, journalists, human rights defenders are welcomed in front of Istanbul Caglayan Courthouse, door C. Thank you for your support
CONTACT: m.ali.b@hotmail.com |