TURKEY: MILITARY COURTS AND MASS TRIALS

A law of May 15, 1971, extended the competence of the courts martial in martial law areas to try civil offences and some arrested journalists have been brought before such courts. The civil courts have themselves been acting with much greater severity since then.

Under the 1961 Constitution, Articles 141/2 of the Penal Code (which Ataturk adapted from Mussolini's Criminal Code 1926) Communist propaganda was banned.

The terms of these articles were vague-the actual offence being to seek to establish the domination of one particular social class over other social classes, to eliminate a social class or to overthrow the social and economic order established in the country in any of its particulars' - and have thus enabled prosecutors harry writers, journalists and publishers almost at will.

Articles 158/9 of the Penal Code forbade defamation 01 the Press, the republic, the nation and institutions, and Article 146 makes it a capital offence to seek to overthrow the constitution by force. An additional Law Measures passed in 1962 provided penalties of imprisonment for criticizing. the 1960 revolution (even by implication) or defending the view that the Republic would not survive as a democracy. This law has also been used to prosecute irreverent journalists and cartoonists.

In November 1971 parliament unanimously voted to strengthen approximately one-third of the clauses of the 1961 Constitution, which the Prime Minister declared 'luxury' that Turkey could no onger afford Clauses have been added t most of the Articles guaranteeing rights and liberties to the effect that these are only to be upheld provided the 'integrity of the nation and country' is not threatened. The autonomy of universities, associations and of the radio and TV association is also restricted. New Bills are being drafted to restrict Press freedom and the rights of associaTrial by jury is unknown and criminal cases are usually decided by a bench consisting of one presiding judge and two assessors, civil cases by judge sitting alone. The courts martial at present operating in martial law areas appear to work on a similar i principle, the bench consisting senior serving officer (who, however, is not generally lawyer), and two serving officers who are graduates with legal training.

In theory his assistants are entitled to overrule the President on legal questionsthough in practice they rarely lo so. Militar courts of apeal consist of military judges all of whom have legal training. appoaring before a military court in Ankara. Trial by jury is can never be certain that the charges against him have been finally dropped by the prosecution.

Criticism of the procedure of the courts martial has emphasized particularly the restriction of rights accorded to defence counsel. A number of the lawyers concerned in the defence of those involved in the TPLA and Dev Genc (a monstrations against United States imperialism caused the cancellation of the Sixth Fleet's planned visit to Istanbul.

The Turkish rulers have been particularly alarmed by the movement of the working class. There is at least 15-percent unemployment among the industrial labour force, amounting to some 1.83 million people-and this does not include the chronic unemployment outside the cities. About 500,000 Turkish workers have been forced to emigrate to western Europe to search for jobs.

In June 1970, the workers of Istanbul and the nearby industrial centre of Izmir downed tools and marched through the streets shouting 'Down with capitalism! Down with imperialism!' In February 1972 the semi-official Anatolian news agency said that 3,759 people had been arrested under martial law provisions. Some 441 were under arrest in Ankara and Istanbul and a further 900 had previously been dealt with by military law tribunals.

Recent mass trials include 142 members of the banned unknown. Above: Three of Turkey's ru Turkish Teachers' Association accused under articles 141/2 of the Penal Code with disseminating communist propaganda. Last December the union's president, Fakir Baykurt, its general secretary Dursun Akcam and 50 other members of the union were jailed for up to eight years ten months.

Another 225 people were also accused of a 'communist conspiracy' in Ankara. In October the 60-year-old chairman of the banned Turkish Labour Party, Behice Boran, and seven other members of its executive were sentenced to 15 years' imprisonment plus five years' exile. Eight other members were jailed for between six and 12 years. Unions disbanded In November the Turkish student unions were dissolved by Act of parliament as part of the continuing drive against the Revolutionary Youth Union, banned in 1971.

On January 10 this year, 267 defendants • were hauled before three army officers in a special courtroom at Ankara barracks.

They were accused of being members of the underground Revolutionary Workers' and Peasants' Party.

Over 200 students and 400 other prisoners were also awaiting trial at the beginning of this year, accused of organizing youth demonstrations against the regime.

The total number of political arrests between May 1971 and December 1972 was over 12,000.

In that time many trade unions have been disbanded and strikes, union meetings and collective-bargaining • are all subject to permission from the martial law authorities.

The Secretary of the Turkish Teachers' Association, Adni Aytan, was arrested for holding a union meeting without permission.

Left-wing publisher Suleyman Ege was sentenced to 22 years' imprisonment followed by 12 years' exile for publishing the 'Communist Manifesto' and Lenin's 'State and Revolution'.

Pictures of Ege chained to his bed in a military prison have been smuggled out of Turkey.

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