Sezer Vetoes Penal Code Over Religious Schools

Former strictly secular lawyer was widely expected to veto the bill.

ANKARA, June 3, 2005 (IslamOnline.net & News Agencies) - Turkey's President Ahmet Necdet Sezer Friday, June 3, vetoed a government-sponsored law reducing penalties for unauthorized religious schools teaching the Noble Qur'an, arguing that it infringed on the secularist principles of the Muslim-majority country.

The provision was part of a package of amendments to the Turkish penal code, spearheaded by the ruling Justice and Development Party (AKP).

The article, which would have enabled those convicted of opening and running "illegal" educational institutions to escape with a fine rather than a jail term of up to three years, triggered accusations that Prime Minister Recep Tayyip Erdogan's government is condoning "religious fundamentalism", according to Agence France-Presse (AFP).

Sezer, a staunch secularist who has often clashed with the government, said in a statement that he had returned the law to parliament for reconsideration because it "is encouraging the opening of illegal educational institutions."

The principle of secularism "is the cornerstone of the values on which the Turkish Republic is founded," he said.

"It is obvious that the country's unity in the future will be endangered by the perverted mindsets of citizens educated in illegal separatist and religious educational institutions," he said.

Back to Parliament

The parliament will now review the law, and if it passes it for a second time unchanged, Sezer has no other option but to approve it. He can, however, ask the constitutional court to annul the legislation.

The vetoed provision was introduced by the AKP as a last-minute change to a package of penal code amendments during a parliamentary debate last week.

The main opposition boycotted the session and charged that the AKP has a secret Islamist agenda, even though it has disavowed its roots.

Islamist activists in Turkey often run clandestine schools teaching the Koran, where -- free from government control -- they are accused of breeding religious hardliners.

Earlier in May, the Turkish parliament overwhelmingly endorsed the higher education law allowing graduates of religious schools to join universities, despite the opposition of the powerful military and secular forces.

Of the 258 lawmakers who attended the stormy session, 254 voted "yes" to the bill against four dissenting voices.

The 11-article bill allows easing restrictions on graduates of Islamic schools in obtaining university degrees other than in divinity studies, thus opening the way for them to hold public offices.

It also curtails the military's influence on the supreme council of higher education, and stipulates that no army general should be allowed to attend its sessions.

The opposition then claimed that the new law was "politically-motivated" and used as a "cover-up" to strengthen the position of the religious schools in the country.

It has drawn objection from the opposition parties and the army, keen to keep a secular system in the predominantly-Muslim country.

The Republican People's Party (CHP) led a campaign of protest against the measure before the Thursday vote and threatened to take the issue to the Constitutional Court.

The party members offered 43 proposals mostly for pulling out the bill, and walked out of the session to reduce the number of lawmakers needed to vote on the bill.

But the plan did not work out, as members of another opposition party, the Right Path (DYP), which has four seats in the 550-seat parliament, gave the thumps-up weighing balance in favor of the ruling party.

Press Hurt

Sezer's veto also effectively halted several other amendments to the penal code aimed at addressing widespread concerns over press freedoms.

The package would have notably scrapped provisions envisaging increased penalties for some offenses if they are committed via the media, such as slander, insult to the president and incitement to war against Turkey.

Press groups, however, have denounced the changes as inadequate on the grounds that journalists may still end up in prison, even though jail sentences were purged from the press law in another reform last year.

Turkey's new penal code, which the vetoed package was to amend, took effect Tuesday.

Despite the misgivings of the press, the code, a key European Union demand from membership candidate Turkey, has been generally welcomed for introducing a more liberal justice system, in particular increasing penalties for human rights abuses and significantly improving the rights of women and children.

The Turkish parliament has passed a package of other constitutional amendments  paving the way for membership talks with the expanding European Union.

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