Organized Crime Law

Hello,

I am doing a comparative study of laws against organized crime of the countries of the Balkans. I found a Turkish law,

E/NL.2001/69 "THE LAW ON PREVENTION OF BENEFIT-ORIENTED CRIMINAL ORGANIZATIONS" enacted by TGNA General Assembly on 30 July 1999. at http://www.unodc.org/unodc/legal_lib...ntries-tr.html

and I would like to know whether this law is still in force, how is it implemented, i.e. have there been any trials, are there any human rights issues and so on. So , if any of you wish to help me in any way, thank you in advance.

Marko Milanovic,
Research Assistant
to Prof. Vojin Dimitrijevic, Director of the Belgrade Center for Human Rights

Hi,

This law (Law numbered 4422) was enacted on 01.08.1999 and duely entered into force, have been so far amended by the law numbered 4723.

This law is still in force.İt is generally implemented through the efforts of department of Organized Crimes of The Turkish Police being affiliated to the Ministry of Interior.Trials and prosecutions deriving from the violation of the very Act is dealt by the State Security Courts and Prosecutors.

Thank you, I just need to know something about the amendments made by the law 4723. Were the changes substantial, if so what are they ? I don't want to cite the old law of which I have an English translation and make a serious error.

Law numbered 4723 has amended some clauses of the Articles of “The Law On Preventıon Of Benefıt-Orıented Crımınal Organızatıons”(LAW).To begin with, the clause “making people to be subject to themselves or undertaking overt or covert clandestine co-operation among their members”in Article 1 has been removed from the text via 4723.The very clause “force or threat” has been altered and the scope of which is expanded as “threat, coercion, force or violance” through the said law.
Moreover, the expression at the Article 6 as “….which are strongly suspected of having committed crimes…” is superseded by the expression “there exist strong circumstantional evidences to indicate that those have committed crimes…” .

Plus, the second sentence of the first provision of the Article 11 was abolished.( If more than one department of State Security court exist in such location, then State Security Court 1 shall assume such duty.)


Those are all I could have observed.

sincerely

PS: Turkish State Securtiy Courts have been abolished and the authorities of which have been granted to common courts namely the "Courts Of Aggraveted Fellonies".