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- THE
OBSTACLES TO USE KURDISH LANGUAGE IN THE PUBLIC SPHERE
-
- REPORT
-
-
- BY
- Lawyer Muharrem ERBEY
-
- November-
2007
-
-
-
- Published
by the Institute for international assistance and solidarity (IFIAS
Brussels)
-
- Editorial
-
- The
European society has widely ignored the suffering of Kurdish people in
Turkey in the 20th century. Whereas civil rights and peace developed
after World War II in Western Europe, millions of women and men were
deprived of their basic human rights in the Eastern part of our
neighbour country. Only at the edge of 21st century with a reformist and
islamic government in Ankara and the dynamics of the EU accession
process attention is given to this region, which is now open for the
world and not closed under military law. You can travel through Kurdish
mountains and meet the perople in remote areas and villages, learn about
the desctruction of Kurdish villages and towns and the huge number of
internally displaced people (IDPs) that amount to half a million alone
in the biggest Kurdish metropole – Diyarbakir.
-
- It
is time for a change. Ridiculous laws regulating the use of a language
which is the mother tongue for millions of people in Turkey have to
disappear. Nearly a hundred years after its foundation Turkey can afford
an open society with all liberties and modern patterns as we are used to
in the European Union for more than five decades.
-
- People
in the Kurdish region of Turkey are still skeptical about the reform
process and want to speed it up. The actual national discussion about
the reform of the constitution gives an excedllent opportunity to engage
into the reforms needed. Freedom
of expression should no longer be measured by a juridical institution
which is hostile to reforms and democratic decisions and
election results. Opposing values that come from the 18th century
shoudl no longer be criminalized. Turkey has become an adult and is no
longer the “sick man at the Bosporus” .
-
- It
is time to act. People should no longer be scared to use their local
language in public, in meetings, in media, everywhere. Children and
youth must have access to Kurdish books and libraries. Turkish and
Kurdish language must have a curricula in schools and universities in
Turkey. And whereas the Turkish language will stay the national language
of Turkey, the original names of Kurdish cities and towns, regions and
people should return into being, like DERSIM, the massacred tiny town in
the mountains which was taken hostage by Turkish military in 1938
without a single outcry from Europe.
-
- This
publication is documenting obstacles of using Kurdish language in
Turkey. Some of these regulastions are meanwhile being changed or
disappear. But the trials against using Kurdish language continue:
against Kurdish mayors and writers and journalists.
-
- This
must come to an end.
-
- The
Eruropean Commission in Brussels and the European Parliament have
demanded these changes and we will follow up.
-
- Gerd
Greune
- IFIAS
President
-
- Brussels,
3rd May 2008
-
-
- CONTENTS
-
- 1- THE
OBSTACLES TO USE KURDISH LANGUAGE IN THE PUBLIC SPHERE
-
-
A- LAWS REGULATING
POLITICAL PARTIES
-
B- LAWS REGULATING
THOSE ELECTED LOCALLY
-
- 2- THE
COURT DECISIONS, REGULATIONS, DECREE LAWS, OFFICIAL GAZETTE, PUBLIC
ACTS, RELEVANT ARTICLES AND LAWS OF THE CONSTITUTION RENDERING TURKISH
OBLIGATORY THUS PROHIBITING KURDISH
-
- 3-
COMMITMENT ARTICLES AND PENALTIES ASKED REGARDING OSMAN BAYDEMÝR
-
- 4-
INQUIRIES HELD BY INSPECTORS, INQUIRIES IN THE OFFICE OF PUBLIC
PROSECUTER AND CASES FILED RELATED TO OSMAN BAYDEMIR.
- 5-
GENERAL PRINCIPLES AND ARTICLES REGARDING KURDISH OF No.2709, 07.11.1982
DATED COSTITUTION OF TURKISH REPUBLIC
- 6-
REPORT: “DENIAL OF A LANGUAGE” RIGHT OF KURDISH LANGUAGE IN TURKEY
EDITORS: KERÝM YILDIZ, KORAY DÜZGÖREN BUMERANG, IHD DÝYARBAKIR
BRANCH, REPORT BY KHRP
-
-
- LAWS
REGULATING POLITICAL PARTIES
-
- All
political parties in Turkey run their works and activities in accordance
with 2820 numbered laws of political parties.
-
- Article
81 of Law No.2820 (“Law of political parties”) regulates the
prevention of the creation of minorities. In accordance with paragraph c
of article 81 the political parties can make no activity in Kurdish.
However, the articles 82 and 83, if asked, may be construed arbitrarily
as an obstacle to use of Kurdish and the written and verbal use of
Kurdish can be banned.
-
- Prevention
of the creation of minorities:
-
- ARTICLE
81 - Political
Parties;
-
- a) Cannot
put forward in the country Republic of Turkey the existence of
minorities based on national or religious or culture or sect or race or
difference of language.
-
- b) Cannot
aim at damaging national integrity and can have no activity in this
respect creating minorities in the territory of Turkish Republic by
means of protection, development or spread of other languages and
cultures other than Turkish ones.
-
- c) In
writing and distribution of their regulations and programmes, in their
congress, indoor or outdoor gatherings, meetings, propaganda they can not use any language other than Turkish; they cannot use and
distribute banners,signboards,records,bands of voice and video leaflets
and statements in the languages other than Turkish; They can not be
indifferent to these deeds by others. However, their regulations
and programmes can be translated into a foreign language except those
prohibited by law.
-
- Ban on
regionalism and racism:
-
- ARTICLE
82- Political
parties can not aim at regionalism and racism in the country
being indivisible and unitary and they cannot make any activity in
relation with this aim.
-
- Protection
of the Principle Equality:
-
- ARTICLE
83- Political
parties cannot aim and act contrary to the principle that everybody is
equal before law without discrimination of language, race, colour, sex,
political thought, belief, religion, sect and similar reasons.
-
- LAWS
REGULATING LOCAL REPRESENTATIVES
-
- All
sort of projects that Local administrations prepares in the field of
support of cultural rights and cultural attempts in the languages
especially Kurdish, Armenian, Syriac, Arabic except Turkish are subject
to investigation . Most recently an inquiry has been launched on the
project “the custom Dengbejler and Dengbejlik”. The Mayor’s
defence was demanded with 14.11.2007 dated No.15/21-20/02 letter.
- Investigators
of ministry of interior subject to investigation activities such as
Kurdish New Year invitation, banner, leaflet on cleaning, leaflet of
Kurdish child names, Turkish- Kurdish tale book.
- The
local administrations are run in accordance with No.5393 act. Ecxept
this , There is only No.5216 law
being effective to metropolitan municipalities.Our municipality is
subject to the both laws.
- It
is mentioned in the article 13 of the No.
5393
law of municipality that A municipality runs necessary works in the area of development
of social and cultural relationships and protection of cultural
values between the fellow countryman. This law article simply means
protection of local culture and development of local language. This law
article holds municipalities being local administrators liable for
performance of local and cultural work and their protection .
- Moreover
Our municipality does her correspondences in Turkish not Kurdish.It is
prohibited by law that correspondences are done in a different language
other than Turkish. Kurdish is prohibited with the article 1 of law
related to obligatory use of Turkish in official institutions and No.805
institutions.
- The
performance of cultural activities in local languages is however not
regulated or prohibited.They launch investigations under the pretext of
violation of adopted in 2004 , No.5237 ‘the law of hat and Turkish
letters’,regulating 222 article of Turkish Criminal Code(TCC)
.All investigations launched turn into a judicial case. None of
the cases have been carried through . They have all been on going in
pending.
- Even
investigations launched succesively punish the mayor of municipality
although not being prohibited precisely by law. The mayor was
kept busy five times and put out of his responsibilities. We can
easily see that this investigation is equal to a punishment. Because the
mayor of municipality spends most of his time to investigations
,statements and defences and he can not spent enough time to the
electors electing him and social projects.What is actually aimed is to
keep mayor busy with these deeds and for him not to create services and
to fail in the next election .This
is uncostitutional.
- An
example of being kept busy five times ,
Three days after Kurdish newyear invitation was sent to a public officer
on january 1 an investigator comes to Diyarbakýr at an express speed
and launches an investigation on January
4. The general secretary of municipality is demanded
informations and documents with
the first correspondence .The mayor of municipality, General
secretary, directorate of culture , paymastership, head of
administrative and financial department and law office conduct the work
on occurance.It can take one day or else one and a half day
to collect the documents on investigations.All these information
and documents are sent to government inspectorship in the city
governership .
- The
inspector demands the defence of the mayor two days after investigating
the documents which this is second phase. The mayor resort
to all the units related to the subject and send his defence.The
government inspector takes this defence with him and goes to Ankara.and
investigation is permitted in one-three months by ministry of interior
on grounds of violations of following laws:
- LAW
ARTICLES WHICH ARE CLAIMED TO BE VIOLATED WHEN USING KURDISH LANGUAGE
- -
General
provisions of the Contitution of Turkish Republic,
- -
Provision 3,4
and 14 of the Contitution
of Turkish Republic,
- -
Article 2 of
No.1355 law on adoption of Turkish letters and their application which
regulates criminal sanction in the article 222 of No.5237 Turkish
Criminal Code(imprisonment from 2 months to 6 months)
- -
No.5237
TCC 257 (misfeasance) imprisonment from 1year to 3 years
- -
No.805
law on obligatory use of Turkish in commercial institutions
- The
third phase appears the phase
of objection as we have a right to objection to the council of state on
investigation decisions of metropolitan municipalities. The court of
council of state evaluates our objection approximately within 4-5 months
and sends the file to Diyarbakýr chief public prosecuter’s office.
- Chief
prosecuter’s office calls him to make his deposition which is the fourth
phase. The mayor comes to the judicial court and makes his
deposition to the prosecuter in charge
- Prosecuter’s
office evaluates the file and sues and sends it to related court. The
president judge calls him to the court to make his depositions which is
the fifth phase.
- The
law of Hat in the article
221/1 of TCC regulating hat and Turkish letters obliges Turkish letters
in 1925 and the wearing of hat in 1928 ,putting a ban on everything
symbolizing religious motif and covering head fez, turban and etc. under
the conditions of those days.
- Adoption
of Hat and Turkish Letters
- His
penal sanction till 6 month is asked by being
indicated as a ground to the
article 222 of TCC of No.1355 law of Turkish letters issued in 1928
.However this law was issued in 1928 and it is a law banning
Arabic alphabet ,aiming at accelerating the pass from Arabic alphabet to
Latin one. We can watch on TV all sort of objects covering heads and
becoming religious symbols. Besides, some with these wears have recently
been hosted in governmental homes for fast breaking ceremonies. Also
Arabic alphabet is used both on national and on local televisions. When
an investigation or a suit on these grounds is filed, No information and
news on violation of TCC 222 has been heard so far. However Kurdish
which is written in Latin alphabet and not banned by the related law is
prohibited anyhow by being construed arbitrarily.
- At
an early stage criminal cases were launched on the grounds of violation
TCC 221/1. Who gave this idea is unknown however the article 257/1of
TCCregulating malfeasance was added. I guess they added this article
which offence never comes to being at all considering the mayor had an
imprisonment of 6 months was not enough for him to cease to hold his
office.
- Due to an invitation and
bill in Kurdish; for
TCC 257/1 1 year to 3 years,
as for 222/1, 2 months to 6
months imprisonment is demanded.
TCC 257/1 regulates the malfeasance. Demanded factors having priority in
the law are these; causing public deficit, aggrieving people,
deriving an improper personal benefits,
-
- All
the mayors and public servants in Turkey send New Year and feast cards
to the electors electing them and to institutions. Or else they organize
cultural fest and literary days. Namely this sort of activity became a
ritual and was regulated by related laws. The mayor Osman BAYDEMÝR uses
Kurdish along with Turkish on the bills and invitations when he does
this sort of activities. Namely no extra expenses are made for Kurdish.
So explanation for public deficit is not true. People were never
aggrieved at all. No declarations or references exist in this respect.
Chargeable offence on improper personal benefit didn’t come to being
again; the mayor or any staff of the municipality didn’t make any
earnings. Because the whole bidding process was transparent, it was
performed lawful to No.4737 law
of public bidding.
- THIS
LAW IS UNCONSTITUTIONAL
- We
consider that 221/1 of TCC is contrary to constitution of Turkish
Republic. Adopted on 26.09.2004, Paraghraph 1 of article 222 of No.5237
law of TCC regulating Hat and Turkish Letters is thus;
- Hat
and Turkish Letters ARTICLE
222. - (1) Those violating provisions and bans of the dated 25.11.1925
and No. 671 law on hat along with Dated 1.11.1928 and No. 1353
law on adoption of Turkish letters and its application are imprisonment
from 2 months to 6 months
- Article
TCC.222/1 demands punishment as referring to law No. 1353. This law was
issued in 1925. Law No.1353
adoption of Turkish letters and its application issued in 1925 to
accelerate the pass from Arabic alphabet to Latin appears with a
strained construe as a legal obstacle to usage of Kurdish. This law is
discussed and construed, considering the conditions of the issued
period. The obstacle to the usage of Kurdish was removed with the
amendments on Article 26 of the constitution in 2001 in the process to
EU. In 2002 in the regulation called as ‘The 3rd. Adjustment
package’ the legal obstacle to education in different languages and
dialects other than Turkish along with broadcast on TV and radio in
different languages and dialects other than Turkish was removed.
- We
don’t see any bans from 2002 to 2004. Article 222 of No. 5237 Turkish
Criminal Code which was gazette on 26 September 2004 and came into force
renders void the libertarian opening and regulation of EU in the
constitution in 2001 and it also makes nonsense of amendment in article
26 of the constitution.
- Article
26 of the constitution:
VIII. Freedom of expression and dissemination of thought
- Article
26.
Everyone has the right to express and disseminate his thoughts and
opinions by speech, in writing or in pictures or through other media,
individually or collectively. This right includes the freedom to receive
and impart information and ideas without interference from official
authorities. This provision shall not preclude subjecting transmission
by radio, television, cinema and similar means to a system of licensing.
-
- (As
amended: 03/10/2001 – Article 4709/9.)The
exercise of these freedoms may be restricted for the purposes of
protecting national security, public order and public safety, the basic
characteristics of the Republic and safeguarding the indivisible
integrity of the state with its territory and nation, preventing crime,
punishing offenders, withholding information duly classified as a state
secret, protecting the reputation and rights and private and family life
of others, or protecting professional secrets as prescribed by law, or
ensuring the proper functioning of the judiciary.
-
- (The
third paragraph: 03/10/2001 – Article 4709/9.)
- The
prescribing provisions related to use of means of dissemination of news
and thoughts, providing not restricting transmission of these, shall not
be regarded as a restriction of right to expression and dissemination of
thought.
-
- (Addition:
03/10/2001 –Article 4709/9.) The
formalities, conditions and procedures to be applied in exercising the
right to expression and dissemination of thought shall be prescribed by
law.
- The
article 222 of TCC is contrary to amendment in article 26 of
constitution of Turkish republic, the last EU process, international
agreement and applications.
- ONE
OF THE MOST COLOURFUL CITIES OF ANATOLIA:
DÝYARBAKIR
- Being
an ancient city the core of Diyarbakýr is the area inside the city
walls. Most of those living here have different languages and cultures.
For instance population in
Diyarbakýr in 1869 is
21.372. 9.815 of population are Moslems, 6.853 of that Armenians, 831 of
that Armenian Catholics, 1434 of that Syriacs, 174 of that Syriac
Catholics, 976 of that Chaldean, 305 of that Greeks, 55 of that Greek
Catholics, 650 of that Protestants, 1280 of that Jews .
- Turkey
is a country of mosaics. She contains a different variety of ethnic
fabrics. According to the survey under Tarhan Erdem of Milliyet News
with 50 thousand people in Konya in April 2007.%
78 of population of Turkey is Turk, % 15.6 of that is Kurd, Kurdish
population comprises 11 million 445 thousand people. That they act as
though no Kurdish language existed even though % 19.7 part of population
speak Kurmanhci and Zazaic dialects of Kurdish, and that all
the languages on earth are
free in our country does not come across .
- FROM
THE STANDPOINT OF INTERNATIONAL AGREEMENTS: KURDISH
- In
the article 34/4Of Treaty of Lausanne, of
which our country became a party , It is agreed that “No restrictions shall be imposed on the free use by any Turkish national
of any language in private intercourse, in commerce, religion, in the
press, or in publications of any kind or at public meetings” . As
seen, although this article brings “the
right to citizens to use whatever language they wish” this right
has been started to be restricted again.
- Article
2 of Universal declaration of human rights agreed by united nations “Everyone
is entitled to all the rights and freedoms without
distinction of any kind such as
race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status“.
It is stated in article 21/2 that“everyone
has the right to benefit equally from public services.”
Considering these articles in the declaration, the used Kurdish, serving
in their own language to the people having difficulty in reaching the
public services due to language differences are consistent with the
human rights and universal principles of justice. In the Autonomy condition of European local administration ,ratified
in our country too, it is stated that“
Local administrations are the foundations of democratic regimes of any
sort, the citizens’ right
to participation in the public administrations is one of the democratic
principles, that the local administrations equipped by real authorities
need to provide both an effective and a close administration to
the citizens and that Local administrations shall serve in accordance
with benefits of local population” .
- According
to UNESCO
Thousands of languages are endangered to extinction In 1990s the loss of
linguistic heritage of the world occurred mostly in Asia. This loss is
ceaselessly ongoing. Should
the oppressions on Kurdish keep going, it will join to the extinct
languages, losing its smell, colour and form, liveliness colouring the
life.
- USE
OF KURDISH IS A PRINCIPLE OBLIGATION OF MUNICIPALITY
- In
article 13 of No. 5393 law of
municipality, it is said that municipality,
runs necessary works in the area of development of social and cultural
relationships and protection of cultural values between the fellow
countryman..” .. This law article simply means protection of local
culture and development of local language. This law article holds
municipalities being local administrators liable for performance of
local and cultural work and their protection.
- In
No. 5393 law of municipality article 14 ‘duty and responsibilities of
municipality’; “ Municipality
on condition of local common; provides or have them provided a)
urban infrastructure such as development, water and canalization,
transportation; environment and environmental health
, cleaning and solid waste; municipal police, fireman, first aid,
rescue and ambulance; inner-city traffic; burial and cemeteries;
forestration, park and green areas; residence; culture
and tourism and promotion, development of economy and trade. “.
- A
person’s desire for speaking, understanding, and hearing, using and
preserving his native language is his natural right and freedom.
Reflection of this right is its cultural dimension. The native language
of the most of the people in the city Diyarbakir is Kurdish. It
concluded from a survey regarding the language used in daily life
carried out by sociology department of Dicle University that more than %
74 of the local people speaks in kirmanchi dialect.This also brings
forth a fact of local people.
- The
ratification of the approved law with the aim of providing service to
people of Diyarbakir, Providing the service in other language along with
Turkish and Kurdish is consistent with both EU process and EDHR, and
responsibility of providing service to everyone without distinction of
religion, language and race. That a decision not disturbing countryman
at all and met with indulgence become subject to an investigation as a
result of being construed in an anti-democratic way indicates that
democracy and the principles rule of law prescribed in the constitution
have not been assimilated.
- Thus
providing the services to the citizens in their own language who have
difficulty in reaching the public services is a need of universal
principles of law as can be understood from international agreements of
which we became a party.
- Showing
the CDs in Kurdish, Mr. President Abdullah GÜL indicated the
representatives of EU the level that freedoms reached two years ago when
he was minister of foreign affairs.
- Likewise
he in his president capacity pointed out billboards and banners in
Kurdish during the speech he gave in the EU parliament. It is true with
billboards and banners but investigation ensue. That a public legal
entity the municipality principle obligation of which is to provide service to locals
provide service to the citizens who can not speak Turkish at all or
inadequately is a subject to a suit shows us its level. To communicate a
society in the language they speak and try to understand them in its
language at the feasts is the social and conscience need of civil
service.
- The
second article of the agreement ‘let us constitute a new constitution
for Europe’ adopted in Brussels on September 13 is as follows:
-
- ARTICLE
I-2: The union’s values: The
union is founded on the values of respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights,
including the rights of persons belonging to minorities. These values
are common to the member states in a society in which pluralism,
non-discrimination, tolerance, justice, solidarity and equality
women and men prevail.
- ARTICLE
I-8: The symbols of the union: The
flag of the union shall be a circle of twelve golden stars on a blue
background. The anthem of the union shall be based on the ‘ode to
joy’ from the ninth symphony by Ludwig van Beethoven. The
motto of the union shall be 'united in diversity’.
-
-
- THE COURT DECISIONS, REGULATIONS,
DECREE LAWS, OFFICIAL GAZETTE, PUBLIC ACTS, RELATED ARTICLES AND LAWS
OF THE CONSTITUTION RENDERING TURKISH OBLIGATORY THUS PROHIBITING
KURDISH
- THE
COURT OF APPEALS.MERITS NO: 1991009412
- Court
of Appeals Decree
- MERIT
NO: 1991009412
Name of the circuit: 2. CRIMINAL CIRCUIT
CODE OF CIRCUIT: 02c
T. R
COURT OF APPEALS
the Second Circuit
M. 1991/9412
D. 1991/10632
D. 18.
10. 1991
Abstract: The accused is responsible for having Turkish label present
on package of jam that he export, and selling it in this way.
Therefore the court shall plead the constitution of the offence
prescribed in article 398 of TCC
, the deed of the accused by means of articles 708, 2 and 388 of the
public act of foodstuffs and by being construed as paragraph c of the
article 412.
[Foodstuffs. Act. - 3/15481 p. (4. 8. 1952 date. ) a. 708, 2, 388,
412/c]
(765 p. TCC. a. 398)
following judging of the accused Cengiz due to his violation of act of
foodstuffs; concerning his conviction, his execution of his executor
punishment , (Kadýköy the first criminal court of peace) of the 26.
2. 1991 dated judgment come up before the court of appeals which was
asked in due time by the accused by way of a petition and the record
with 23. 9. 1991 dated notice of C.Public Prosecutor was send to the
office and read, the court holds that:
In the 2. article of law of the act of foodstuffs for all the
foodstuffs consumed and used up in the country, it is obliged that
there must be a self-reading label, special information that the label
must include according to the type of foodstuffs must indicate in
their own part, thus consumer acquire adequate information on
foodstuffs, consumer act knowingly and test appropriateness infallibly
in quality and ingredients.
Fulfilment of this object requires that a self reading label be
definitely in Turkish,
The accused is responsible for providing the existence of a Turkish
label in the package of imported jam selling it thus.
- Therefore
any inappropriateness was not found in that the court admitted that
the deed of the accused constituted offence prescribed in the article
398 Of TCC, through articles 708, 2 ve 388 of the act of foodstuffs
and construed within the terms of paragraph C of article 412, money
penalty in the article enforced as of date of offence shall not be
less than 40. 000
TL was not regarded as a reason for reversal since no counter appeal
existed.
According to the hearing given, evidences collected, ground, breast of
the judge, It was dismissed and (RATIFICATION of) the verdict was
rendered unanimously on 18. 10. 1991 on the grounds that appeal
objections were disapproved.
- ACT
ON FOUNDATION AND TRANSMISSION OF RADIO AND TELEVISIONS
Act No
: 3984
Date of
Adoption
: 13/4/1994
Official
Gazette
: Date:20/4/1994 No
: 21911
Code
: Order : 5 Volume:33
Page :
...
The Second Chapter
The Principles of Transmission
The Principles of
Transmission
Article 4
– The transmission of radio and television shall be done in the
concept of public service in accordance with the followings:
...
t)
Transmission of radio and television in Turkish, However, Teaching of
foreign languages that contribute to universal works of culture and
science or usage of these
languages with the aim of transmitting news in these languages ,
To use
Turkish as a spoken language without excesses and breaking
characteristics and rules; on the grounds of providing its development
and enrichment in the way of contemporary language of education and
science as a essential element of national unity and integrity,
...
- Shall
be done in accordance.
- Turkish
Grand National Assembly No.805 Act
-
ACT ON OBLIGATORY USEAGE OF TURKISH
IN INSTITUTIONS
Act No.
: 805
Date of
Adoption
: 10/4/1926
Official
Gazette :
Date: 22/4/1926 No: 353
Code
: Order: 3 Volume: 7 Page: 719
Article 1
– Corporations and institutions of all sort in Turkey shall keep in
Turkish
their trading, contract, communication, account and books of all sort.
- Article
2 – This obligation for foreign corporations and institutions is
confined to documents and books of the communication, trading and
contact ve offices ve civil servants of the states to which they must
submit, with institutions and individuals in Turkish subject.
- Madde
3 – Even if corporations and institutions mentioned in the article
can use an additional language except Turkish in their transaction,
Turkish shall be essential and responsible signatures shall be in
Turkish texts. Despite this prohibition, Turkish shall be valid even
if the signature is below the part or counterpart written in other
language.
Madde 4 –
After this act come into force, documents and papers, corporation and
institutions organized contrary to the first and second articles of
this provisions shall not be valid.
Madde 5 –
Provisions of the above articles shall be brought into action as of 1
February 1927.
The
provisions of articles 1, 2,3,4,5 of 10 march 1332 dated act shall be
in force by the beginning of above date. These articles shall be
annulled 1, 2,3,4,5 as of 1 February 1927, the other shall be annulled
as of hereby proclamation of this act.
Article
6 – Concerning those acting contrary to this act, the official
record that the public servant, of office of whom they subject to,
keeps shall be in force until the contravention appear
- Article
7 – Upon appeal of ministry or privies they subject to, criminal
case concerning those acting contrary to this act shall be brought
-
Those acting contrary to the
provisions of this act shall be charged from 100 TL TO 500 TL for the
first time. The recidivist shall be charged twice and their business
shall be closed down from one week to one year.
Article 8 – This act shall be in force as of its date of
proclamation.
Article 9
– Application of this act shall be under the responsibility of
public servants of commerce, court and public works.
ACTS, FEBRUARY 1989 (ADDITION-3)
- Turkish
Grand National Assembly No.805 Act
-
ACT ON ADOPTION AND APPLICATON OF
TURKISH LETTERS
Act No
: 1353
Adoption date
: 1/11/1928
Official Gazette : Date
: 3/11/1928 No: 1030
Code
: Order: 3
Volume: 10 Page:
3
*
* *
For the public act put
into force by cabinet decision concerning this act ,See the numerical
list of corpus of public acts enlisted according to laws.
*
* *
Article 1: The letters
(Turkish letters), taken from Latin order, shown in their forms in the
enclosed instead of Arabic letters used to write Turkish is adopted
with their title and law.
Article 2: It is obliged
to the adoption and application of the writings written by Turkish
letters in all institutions, corporations, society and private
institutions as of its date of proclamation.
Article 3: The date of
application of Turkish letters in government shall not pass the first
of February 1929 .It is allowed to the writing and press of
investigation and records and verdicts, forms and books by the
beginning of June 1929. Land registry and title deeds and
identification cards and marriage certificate and military
identification cards and walking papers shall be written in Turkish
letters by the beginning of June 1929.
Article 4: It is allowed
to acceptance of applications written in Arabic letters by the
beginning of June 1929. As
of beginning of February 1928 It is obliged to writing and publishing
in Turkish letters of Turkish official and private
boards,signboard,advertisement and cinema writings likewise all the
newspapers, periodicals and magazines .
Article 5: As of
beginning of February 1928 it is obliged to publish the books in
Turkish letters.
Article 6: Exception of
stenography of Arabic Letters by June 1930 is allowed in all official
and juristical documents. The use of book, act, instructions, and
record is allowed by June 1930 in all public offices.
Article 7: Money and
share and bills and bounds and debenture bond and stamp
and other valuable papers like legal records shall be in valid unless
they are changed.
Article 8: All the
banks, corporations with or without priviliges, societies and
institutions shall not pass into the application of Turkish letters by
the first of February 1929. Thus Applications by people shall be
accepted in Arabic letters by June 1929 in the above mentioned
institutions. It is allowed to use books, record, catalogue, decree
and instructions in Arabic letters by June 1930.
Article 9: Turkish
letters shall be used in the education in all schools. Education with
previous letters shall be banned.
Article 10: This act
shall be in force as of its proclamation.
Article 11: The
executive committee shall be responsible for provision of this
act.
Enclosed Table
Printing Letters
Writing Letters
----------------------------
---------------------------
Capital
lowercase
Capital Lowercase
-------------
------------- -------------
-------------
A
a
B
b
C
c
Ç
ç
D
d
E
e
F
f
G
g
Ð
ð
H
h
Ý
i
I
ý
Printing Letters
Writing Letters
----------------------------
----------------------------
Capital
lowercase
Capital Lowercase
--------------
------------- --------------
-------------
J
j
K
k
L
l
M
m
N
n
O
o
Ö
ö
P
p
R
r
S
s
Þ
þ
T
t
U
u
Ü
ü
V
v
Y
y
Z
z
-
- Turkish
Grand National Assembly No.805 Act
- Act
of Turkish Commerce (1)(2)
Act No
:
6762
Date of
Adoption
: 29/6/1956
Official
Gazette :
Date:9/7/1956 Sayý: 9353
Code
: Order: 3 Volume:
37 Page: 1587
…
THE FIFTH CHAPTER
Commercial Books
A)
Obligation of Keeping books:
I - Extent:
Article 66
– Every trader shall be obliged
to keep in Turkish the
books below and the books
requiring importance for his business, in order to evaluate the
financial and economic status , claim and dept relations ,the outcomes
acquired in every working year,
-
-
- Turkish
Grand National Assembly No.3 Article of constitution
-
- TURKISH
REPUBLIC CONSTITUTION OF 1982
GENERAL PRINCIPLES
The Turkish state, with its territory and nation is an indivisible
entity. Its language is Turkish.
Its flag, the form of which is prescribed by the relevant law, is
composed of a white crescent and star on a red background.
Its national anthem is the "Independence March".
Its capital is Ankara.
-
- The
Ministry of Industry and Trade No. 25138 Official Gazette
- Public
Act on Application of certificate of warranty
(14.06.2003 dated act No.25138 official gazette)
Aim
Article 1- The aim of this act is to govern what goods must be sold
with the certificate of warranty, procedure and principles concerning
their maximum period of repair and approval and application of
certificate of warranty.
...
Application (*)
Article 9- Manufacturer-producer or importer apply to general
directorate or provincial directorate with documents below by way of a
petition.
a) 3 samples of certificate of warranty printed being appropriate to
this act,
b) Notarized list of authoritized signatures
of authorities,
c) A counterpart of service compliance certificate belonging to the
firm,
- d)
Turkish introduction and operating manual indicating maintenance,
repair and use.
In the event that the goods doesn’t require maintenance and repair
along with its not being used widely, In case of the goods breaking
down during its physical life and manufacturer-producer and/or
importer warranty change with the new one
and specifying clearly on warranty certificate on the product, the
document proscribed in paragraph c of this article may not be asked
.This sort of applications is adjudicated by evaluating by general
directorate.
- After
introduction and user guides in the Turkish language during both the
first application and model addition are seen. The firm shall keep
them to present when they are asked for.
- Turkish
Grand National Assembly No.4822 Act
- Act
on the changing
in the act on the protection of consumer
Act No. 4822
Date of Adoption: 6.3.2003
Official Gazette: 25048
Date of issue: 14.3.2003
Article 14. - The industrial goods produced in Turkey or imported from
abroad shall be sold with a
guide in the Turkish language containing information on the
introduction, use, maintenance and simple repair and, if necessary,
with a label containing international symbols and marks.
- Turkish
Grand National Assembly No.4077 Act
- ACT
ON PROTECTION OF CONSUMER
Act No
: 4077
Date of Adoption :
23/2/1995
Official Gazette :
Date : 8/3/1995
Page : 22221
Code
: Order : 5 Volume
: 34 Page :
...
Commercial Advertisement and Notices
Article 16 – It is essential that commercial advertisement and
notices conform to the laws.
No advertisement, notices or implied advertisements deceptive
or misleading the consumer, or abusing his lack of experience or
knowledge, threatening the life of the consumer and safety of his
property, encouraging the acts of his violence or inciting to commit
crime, endangering public health, or abusing the elderly, children or
disabled people shall be allowed.
-
- The
Ministry of Industry and Trade No. 25138 Official Gazette
- Public
Act on Application of certificate of warranty
- (14.06.2003
dated act. No.25138 official gazette)
Aim
Article 1- The aim of this act is to govern what goods must be sold
with the certificate of warranty, procedure and principles concerning
their maximum period of repair and approval and application of
certificate of warranty.
...
Application (*)
Article 9- Manufacturer-producer or importer apply to general
directorate or provincial directorate with documents below by way of a
petition.
a) 3 samples of certificate of warranty printed being appropriate to
this act,
b) Notarized list of authoritized signatures
of authorities,
c) A counterpart of service compliance certificate belonging to the
firm,
- d)
Turkish introduction and operating manual indicating maintenance,
repair and use.
In the event that the goods doesn’t require maintenance and repair
along with its not being used widely, In case of the goods breaking
down during its physical life and manufacturer-producer and/or
importer warranty change with the new one
and specifying clearly on warranty certificate on the product, the
document proscribed in paragraph c of this article may not be asked
.This sort of applications is adjudicated by evaluating by general
directorate.
- After
introduction and user guides in
the Turkish language during both the first application and model
addition are seen. The firm shall keep them to present when they are
asked for.
- Turkish
Grand National Assembly Regulation on No.1705 Act
- REGULATION
ON MARKING OF
HOMEMADE INDUSTRIAL GOODS
Date of Cabinet Decision
: 15/01/1940, No:
2/12690
Date of Act
: 10/06/1930, No:
1705
Official Gazette
: 03/02/1940, No:
4424
Order of Code
: 3, Volume : 21, P.318
...
4 -A word or phrase in
foreign language shall not exist or Turkish words and phrases
shall not be written in foreign spelling on envelope , package,
label or itself of the item to be sold at home for explanation,
advertisement or other intention of any kind . However,
these words and phrases shall be written in Turkish spelling
only the item prepared for export and sealed (made in Turkey) shall be
exempted from this provision.
-
- Turkish
Grand National Assembly No.551 Decree Law.
- DECREE
LAW ON
PROTECTION OF PATENT RIGHTS
Adoption date of Decree law
: 24.6.1995, No: 551
Date of Authority law
: 8/6/1995, No:
4113
Issue date
: 27/6/1995, No: 22326
Order of code
: 34 Sh
:
...
- SECTION
TWO
Examination of an Application
Rejection of an application
Article 53 –The date of filling of an application becomes definite
provided the applicant complies with the conditions set forth in
Article 43 and provided the applicant fee is paid. The institute shall
reject an application and shall notify the interested party of its
decision of rejection when the application does not comply with the
conditions set forth in Article 43 or when the applicant fee is not
paid with |