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

          Р         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