Home > 1.2.3 Equality and national minorities > TÜRKIYE - Opinion on the Suspension of the Second Paragraph of Article 83 of the Constitution (Parliamentary Inviolability)
 
 
 
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Paragraph 50
 

In general, while some of the files concern ordinary crimes such as smuggling, embezzlement, most of the files for which inviolability was removed by the Amendment of 12 April 2016 concern offences related to speech, such as insulting the President, insulting a public officer, terror propaganda or incitement to hatred. The particular importance of guaranteeing free speech makes it problematic for Members of Parliament to be subject to sanctions for political speech, including speech outside Parliament, which is by its nature linked to the exercise of their mandate. While there may be reasons to abolish inviolability for ordinary crimes in countries where the judicial system, including prosecution, is sufficiently independent, an extremely cautious approach should be taken with respect to politically motivated acts and in particular political speech. In the present case, it adds to the problem that nearly all Members of Parliament of one opposition party are concerned by the measure.