Reasons on why we have to abolish the Turkish Anti-Terror Law: The example of the crime of terrorism propaganda

• In Event: Crime, Science and Politics WG Panel 9: Law, Security, and the Politics of Crime

Abstract

In Turkish criminal law doctrine, although the subject of terrorism in general and, more specifically, the crime of propaganda for a terrorist organization is a relatively popular topic, the continued production and publication of repetitive articles indicate an ongoing issue. The vast majority of books and articles written on this subject focus on the benefits of expanding the scope of the crime of terrorist propaganda. In fact, this situation represents another manifestation of one of the fundamental problems in our country. Indeed, within the specific context of the balance between terrorist propaganda and freedom of expression, the broader perspective on the security-freedom equilibrium points to a significant issue at the core of criminal law.

Criminal law, in essence, constitutes a domain of liberties. However, as a direct consequence of the fact that scholars and theorists in this central area of public law traditionally take a stance in favor of the state in the individual-state dichotomy, it becomes impossible to achieve the emancipation of the field. Furthermore, efforts to legitimize security-oriented policies merely lead to the erosion of individual freedoms.

This study is analyzing the crime of engaging in propaganda for a terrorist organization, particularly within the framework of Article 7/2 of the Anti-Terror Law (TMK), by examining its constituent elements. Additionally, it has a discussion why it is essential to adopt a stance in favor of freedom of expression.

Author

• Günal Kurşun, Human Rights Agenda Association