Right to avoid defamation secured with latest state of emergency decree: Justice Ministry

ANKARA

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A revision into the Turkish Code of Criminal Procedure with the new state of emergency decree no. 693, issued on Aug. 25, will help the “right to avoid defamation” to be more strongly secured as it will no longer be possible to launch an investigation into every complaint or denunciation made, Justice Minister Abdulhamit Gül said on his Twitter account on Aug. 27.

“With the revision, a pre-assessment process prior to the investigation has been adopted for intangible, unsubstantial, and intransgressible complaints. It will no longer be possible for an investigation to be launched directly upon such denunciations and complaints, for individuals to be labeled as a ‘suspect’ in a malapropos way, or for them to be exposed to investigation processes in an unnecessary way,” Gül said.

Thanks to the revision, when a complaint is made, the prosecutor’s office will be able to rule that “There is no need for an investigation” without launching an investigation, and this situation will be notified to the person who made the complaint, Gül said. 

If authorities decide to go with an investigation upon the complainant’s appeal, then the file will be only seen by the relevant prosecutor, judge and court officials.

“The decisions saying ‘there is no need for an investigation to be launched’ will be notified to the law-enforcement officers, and it will be ensured that police records are corrected, with such decisions being kept in another system,” Gül said.

“With the new adjustment, no action will be taken regarding immaterial denunciations and the individual’s honor and dignity will be protected in a strong way. Investigations launched specifically over slander, malicious statements and acts will be hindered,” the minister said.

The newly issued state of emergency decree also had a provision concerning former military judges and prosecutors working at the closed military court of appeals and military high administrative court. The decree accordingly bestowed these judges and prosecutors the right to be employed in civilian judicial and administrative courts. Those who have earned their right to retirement will be paid a compensation along with a retirement premium if they no longer wish to work.