Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Abolition of Forced Labour Convention, 1957 (No. 105) - Türkiye (Ratification: 1961)

Referring to its observation under the Convention, the Committee has noted the information provided by the Government in reply to its earlier comments.

Article 1(a) of the Convention. 1. In its earlier comments, the Committee requested the Government to supply information on the application in practice of the following provisions under which penalties of imprisonment (involving compulsory labour) may be imposed:

(a)  sections 65 and 172, read together with sections 125 and 146 of the Penal Code (incitement and public incitement to acts intended to decrease the independence or to disrupt the union of the State or to separate a part of its territory from the administration of the State; and incitement or public incitement to attempts to forcibly alter the Constitution of the Republic or prevent the National Grand Assembly from accomplishing its mission);

(b)  section 158 of the Penal Code (insulting the President of Turkey, using aggressive language against him in his absence, including by allusion or hint, or acting indecently or disrespectfully toward, or making indecent or disrespectful publications about, the office or the person of the President of Turkey);

(c)  sections 168, paragraph 2, and 169 of the Penal Code (membership of armed societies or bands or assisting them or facilitating their actions);

(d)  section 242 of the Penal Code (censuring, by ministers of religion making use of their titles, of government administration, laws or regulations or any duty or authority of governmental departments, or incitement by the same to disobey laws, government orders or official duties);

(e)  section 260 of the Penal Code (behaviour aimed at, and successful in, resisting the execution of any provisions of laws or regulations);

(f)  section 261 of the Penal Code (opening of schools or places of teaching contrary to laws and regulations);

(g)  sections 311 and 312, paragraph 1, of the Penal Code (incitement to penal offences, and public approval of acts punished by law as crimes, or calling up the population to disobey laws);

(h)  section 312a of the Penal Code (uttering public threats aimed at spreading fear among the population);

(i)  section 313 of the Penal Code (participation in a criminal association, in particular (paragraph 2) where it was set up to spread fear among the population, or with an intention derived from a political or social weltanschauung);

(j)  section 526, paragraph 2, of the Penal Code (disobeying orders or measures adopted by competent authorities for the protection of public order);

(k)  section 536, paragraph 1, of the Penal Code (unauthorized affixing of printed, handwritten or drawn papers, posters, etc. on the boards designated by the competent authorities);

(l)  section 7 of the "Act against terrorism", No. 3713 of 12 April 1991, as amended (membership in a "terrorist organization");

(m)  section 1, paragraph 1, of the law concerning crimes committed against Atatürk (No. 5816 of 25 July 1951) (publicly insulting the memory of Atatürk), as well as section 1, paragraph 3, and section 2, paragraph 1, read together with section 1, paragraph 1, of the law.

2. The Committee has noted copies of the court decisions delivered in 2001-03 on cases relating to sections 312(1) and 158 of the Penal Code and section 1(1) of Law No. 5816 of 25 July 1951, supplied by the Government with its report. It has noted that in the majority of cases relating to section 312(1) of the Penal Code charges were brought against the editors of periodicals for publications of articles considered by the court as "inciting the population to disobey the law". While noting that in some cases the defendants were acquitted on the grounds of freedom of expression, and in some other cases penalties of imprisonment were commuted to heavy fines (for example, in the cases where an article called for general strike actions or street marches and demonstrations), the Committee observes that the scope of the provisions of this section does not seem to be limited to such acts as incitement to penal offences or calling up the population to disobey laws, but provides for political coercion and the punishment of the peaceful expression of non-violent views that are critical of government policy and the established political system.

3. The Committee hopes that the Government will indicate, in its next report, the measures taken or envisaged, for example, in the course of the proposed revision of the Penal Code, with a view to bringing the above provisions into conformity with Article 1(a) of the Convention. Pending the adoption of such measures, the Committee requests the Government to continue to supply information on their application in practice, including copies of the court decisions defining or illustrating their scope.

4. As regards other provisions of the national legislation referred to in paragraph 1 of this direct request, which provide for the imposition of penalties involving compulsory labour in circumstances defined in terms which are wide enough to give rise to questions about their conformity to the Convention, the Committee again requests the Government to provide information on their application in practice, supplying copies of the relevant court decisions, so as to enable the Committee to ascertain whether they are applied in a manner compatible with the Convention.

Article 1(c) and (d). 5. The Committee repeats its request for information, including copies of relevant statutory provisions in force, concerning the right to strike of all persons in state employment or having the status of public servants, including teachers and other state employees, who are not responsible for the exercise of state authority, such as employees of public services and enterprises.