The fourth harmonization package, which entered into force on January 11th, 2003,engendered significant changes in the context of the expansion of the freedom of association, deterrence against torture and ill-treatment, safeguard provisions on the rights of prisoners by a series of amendments enacted to the Law on the Prosecution of Civil Servants and Public Employees, the Penal Code, Code of Penal Procedure, Decree Law No. 430, the Law on State Security Courts, the Law on the Human Rights Investigation Commission and the Law on Stamp Duties, the Press Law, the Law on Associations and the Civil Code and the Law on Political Parties, the Law on Foundations, the Law on the Use of the Right of Petition and the Law on Criminal Records.

A number of amendments were undertaken to strengthen the safeguards against torture and ill treatment. Article 2 of the Law on the Prosecution of Civil Servants and Public Employees was amended to abolish the permission procedure for the prosecution of civil servants and public employees for allegations of torture and ill treatment. An amendment to Article 245 of the Penal Code provided that sentences for torture and ill treatment may not be converted into fines or any other measures and may not be suspended. Article 316 of the Code of Penal Procedure was amended to strengthen further the right of defence and to ensure that the written statement of the Chief Public Prosecutor of the Supreme Court of Appeals is notified to the suspect or his/her lawyer.

Article 3 of the Decree Law No. 430 was amended to reduce the length of time that a convict or detainee may be taken out of prison or a detention house by the security forces from 10 to 4 days, to ensure that each time the security forces want to take a

convict or detainee out of prison or a detention house, s/he will be heard by a judge before the judge takes a decision on this matter, to guarantee that the convict or detainee will continue to benefit from his/her legal rights, to ensure that the health of a convict or detainee will be certified by a medical report!each time s/he is taken out of the prison or a detention house and returned and to improve detention conditions in regions under a state of emergency.

Article 16 of the Law on State Security Courts was amended to extend the provisions of the Code of Civil Procedure to the rights of persons apprehended or arrested for common criminal offences to offences defined as coming under the jurisdiction of the State Security Courts. The purpose of this amendment was to prevent the use as evidence in court of statements taken during detention without allowing the apprehended person to exercise his/her right to access a lawyer. Article 7 of the Law on the Human Rights Investigation Commission was amended to decrease the maximum period allowed for replies to applications to the Commission related to human rights violations from “three months” to “sixty days”.

Supplementary Article 1 to the Law on Stamp Duties exempting the compensation paid in accordance with the European Court of Human Rights rulings and sums for friendly settlement from stamp duties was added as a part of this fourth package in order to resolve problems related to procedure in this area.

As a step taken to further enhance the freedom of expression, Article 15 of the Press Law was amended to introduce provisions that protect the press from being forced to disclose its sources of information in compliance with the European Court of Human Rights case law, ensuring the fulfilment of the function of the press in a democratic society and the right of the public to be informed.

In the context of the freedom of association, a number of changes to the Act on Associations and the Civil Code were undertaken by the fourth package. Article 5 of the Act on Associations was amended to decrease the restrictions on the purpose for which associations may be established. With an amendment to Article 6, associations were allowed to use foreign languages in their international contacts and unofficial correspondence. Amendments to Article 16 and 18 provided for the membership of legal personalities in associations. The package repealed the requirement for a decision of the administrative board of an association and the signature of its members for announcements, declarations and similar publications and also deleted the expression “in any language prohibited by law and in writing” from the text of the article. Articles 11 and 12 on the activities abroad of associations established in Turkey and on the activities in Turkey of associations established abroad were repealed, while amendments to Article 91 and 92 provided for uniformity in implementation in this area.

An amendment to Article 91 of the Civil Code repealed the procedure for permission from the Council of Ministers for the activities of foreign associations in Turkey and transferred these competences to the Ministry of Interior, provided that the views of the Ministry of Foreign Affairs are obtained, to facilitate decision-making in this area. An amendment to Article 92 emphasized the condition that “international cooperation is deemed to be beneficial” and removed other restrictions in this area. The amendments to Articles 91 and 92 introduced provisions to both articles related to cooperation undertaken between associations. The package contained an additional provision extending the applicability of the provisions of amended Article 92 of the Civil Code to non-profit organizations other than associations and foundations.

The fourth package also included a number of changes in the legislation on political parties. Article 8 of the Law on Political Parties was amended to align the conditions for eligibility to become a founding member of a party with the conditions for eligibility to become members of a party. Amendments to Article 11 of the Law Political Parties and Article 11 of the Law on the Election of Members of Parliament repealed the restriction on grounds of a prior conviction for the crime of “openly inciting to hatred on the lines of class, race, religion, sect or territory” and replaced this provision with a “conviction for terrorist acts”. The amendment to Article 11 of the Law on Political Parties raised the limit for criminal offences other than those committed without criminal intent from three to five years for becoming a restriction on eligibility to become a Member of Parliament.

Article 66 of the Law on Political Parties was amended to introduce a provision prohibiting certain real or legal persons to allow political parties to “use their media [channels]”.

According to an amendment to Article 98 of the Law on Political Parties, a “three fifths majority” vote in the Constitutional Court is required for a decision for the closure of a party to be taken. With an amendment to Article 100, the case for the closure of a political party may be filed only for “reasons stipulated in the Constitution”. Article 102 was amended to allow political parties the right to appeal against the request of the Public Prosecutor of the Court of Appeals. Article 104 was amended to align the manner with the amendment to Article 69 of the Constitution regarding closure of political parties and introduce the sanction of “depriving political parties partially or fully of State assistance” as an alternative to closure.

In order to accelerate the decision process, Article 1 of the Law on Foundations was amended to replace the requirement for a Council of Ministers decision for the acquisition of immovable property by community foundations with that of the Directorate General for Foundations. The bureaucratic procedure for the acquisition of property by community foundations was also simplified. The fourth package also provided for the publication of a bylaw designating the rules and procedures in this area.

Amendments to Article 1, 2, 3, 4 and 7 of the Law on the Use of the Right of Petition aligned the provisions of this Law with the amendment to Article 74 of the Constitution related to the rights of foreigners residing in Turkey to use their right to petition. An amendment to Article 8 introduced a thirty-day limit for obtaining an answer to petitions.

Another amendment to Article 7 introduced the requirement to include reasons for the decision in the notification of the outcome to the applicant. The amendments to the Law expanded the scope of the rights and freedoms to foreigners as well.

Article 5 of the Law on Criminal Records was amended so that information on minors in the criminal records under eighteen years of age may be provided only in certain Exceptional cases specified in the Article, in accordance with the provisions of the Convention on the Rights of the Child. The amendment to Article 8 made it possible to delete records on certain offences and introduced provisions on minors that further enhance the rights of the child in accordance with the Convention on the Rights of the Child.