MAZLUMDER, whose one of the most important fields of work is the “Right to a Fair Trial”; at every opportunity, draws attention to the factors that are considered indispensable for an honest trial, such as protecting the presumption of innocence, respecting the right not to be tainted, independence and impartiality of the courts, and in accordance with the principle of equality of arms, the defense authority should not be oppressed in the face of claims and judgment authorities. It is clear that judgments that do not pay attention to these principles will act with prejudices, that a real judicial function cannot be performed, and that the judiciary will function as a stick, especially in terms of political cases.
The Right to a Fair Trial can be violated by politicians, the media and the courts, as well as sometimes through laws that have not been sufficiently studied. As a matter of fact, the Law No. 6415 on the Prevention of Financing of Terrorism, which entered into force on 16.02.2013, is one of the examples of this situation. Although warnings were given by many NGOs, including MAZLUMDER, in the processes before it was enacted, the law, which was enacted sloppy and hastily with many shortcomings, without adequate thought, without following the law-making techniques, has the potential to cause many violations of rights and is currently causing people's victimizations.
In the law, the authority to define “terrorism” has been given to an inconsistent and unfair structure such as the United Nations Security Council and into the hands of the committees established there. It is unclear by what criteria these committees are formed, and according to what they define terrorism and create lists. Moreover, the fact that Turkey has no determination authority on the upcoming lists from the UNSC is a clear violation of the principle of “legal certainty”. And also in the law, the actions defined as crimes are of an ambiguous nature, and the authority to determine crimes by referring to the contracts to which Turkey is a party has again been left to the UN and its committees. Thus, a gray and ambiguous crime area was created; the way to arbitrary interpretation and abuse has been opened.
A law that centering on a political concept such as terrorism should have defined boundaries with sharp lines in order to reduce possible risks and not to cause arbitrary interpretation. However, the opposite path was followed in the enactment process of law, and a functional stick that malicious people would use to intimidate their opponents was revealed.
In addition to the systematic ambiguity of the law, the judiciary also goes on the path of punishing people with an arbitrariness that even exceeds the regulations in the Law. In law enforcement, people are easily accused of financing terrorism, the rights of suspects not to be tainted are violated, and people are faced with the label of "terrorist" in the eyes of the state for years.Because even if people are acquitted, these issues remain in archive research and CRC(Criminal Record Check ) records for a lifetime, and these filing continue to remain in archival appear in every period of their lives. In practice, even people who make eft/remittance payments from their personal and official bank accounts in such a way that it is clear that, they act with the intention of purely humanitarian aid and with the thought of zakah/charity has been punishing with the allegation of financing terrorism even though they deny the accusations.
As MAZLUMDER, we have prepared a report that examines the law, which has turned into a great threat for individual sensitivity, awareness of cooperation and Civil Society solidarity, and examines the victimizations it caused.
We present to your attention "THE REPORT ON THE LAW OF THE PREVENTION THE FINANCING OF TERRORISM AND VICTIMIZATIONS CAUSED "that we support it with examples showing that a bad systematic and content law becomes even more alarming in the hands of bad enforcers and turns into persecution.