|
May 2001
Introduction
Nazire Dedeman
Founder President of Umut Foundation
The goal of Umut Onurlu Önderler Yetiştirme Foundation: To bring up our young people who are the futures safeguard as individuals contributing to the development of our country and as individuals useful for humanity by bringing personalities and skills which will be on the track of Atatürk; to get people to accept the rule of law then assure that they countribute to its implementation; based on our leader Atatürks concept Peace at home, peace in the world , to make people prefer peaceful ways in the resolution of disagreements; to teach and get individuals to accept conciliation (and maintenance and development of peace) skills.We work to realize our goal and move forward.
Citizens can trust the government and can development their personalitites only if they are within a state of law system in which certainty and predictability of the law are assured. The concept of state of law is a tool conception aiming at the presence of individuals whose right and freedoms have been ensured, who can enter into judicial relations and who can evoke and protect their legal entity against the government. Definitions of the state of law are seen as the fact people are within a judicial security,the primary objective which will be reached through making the concept of common denominator and also state of law dominant . The fact the governments action and processes are depending on legal rules
is largely taken into consideration as an element playing a role in the assurance of this primary objective of the state of law .
Although emphasis is put on concepts like state of law and rule of law, it isnt clarified in peoples conscience of our country. This is due to individuals impression that the issue concerns just law makers. Whereas societies carrying citizen rights and responsibilities are calling the law and justice into being and must call them into being.I know that the whole world needs it ,our country at the first place. Honoured societies are societies respectful to law,protecting the humanly right of life. Honour is peaces respectability balance and developments pathfinder compass which do not deviate from right and freedom.And we all know that humans honour is synonymous to the adoption of the state of law,to the protection of the law and to its development.
Individual or organized terror is a kind of violence. Whatever the reason is, it is restricting and taking away peoples life freedoms.The right to life is the most important right which should be protected among peoples fundamental right and freedoms. In a stae of law, individual or organized actions are actions which are illegal.
A symposium on Struggle against Terror and Organized Crime in a State of Law organized between June 16th -18th 1995 was realized in order terror and organized crimes to be discussed and to contribute to comparative law. Umut Foundation has published as a book the declarations and discussions in the symposium with the same title. We believe as Umut Foundation that the book Struggle against Terror and Organized Crime in a State of Law is such as to be applied anytime in the reconstructuration of our countrys legal order.
As a second work in this field, we present the book Penalty Reform that we consider to a be a permanent work in order to adopt the rule of law to individuals, to participate to the creation of a state of law. We would like to thank everybody who contributed to the constitution of this work.
The fact Turkey needs a new penal code and a penal procedure law is a reality accepted by everyone. The Turkish Penal Code Draft and the Penal Procedure Law Draft which have been worked on since ten years changed in a way to be put on the Assemblys agenda. Moreover a declaration has been made to the public opinion with regards to the legalisation of the two fundamental laws by taking them into consideraton at first and works on this issue have been accelerated.
We repeat as Umut Foundation that it is impossible to create a state of law or a democratic legal order just with laws defining the crime or determining the penalty . Law should be actualized with a contemporary conception lighting and showing the way of living humanly.Struggles will continue until the concept of state of law and rule of law become a part of our daily life. A legal order in which a concept of protecting and developing human rights predominates will become concrete with the citizens activities. The law should stop being constant and in our changing world conditions every positive step should be developed in the creation of a decent human life, of a peaceful legal order in which the right of life is protected.
For these purposes we have undertaken the duty of transforming the Symposium, where scientific opinions and other countries implementations have been discussed into a book in order to protect once again human rights and to restrructure once again the humanitarian criminal law.
Prof.Dr.Feridun Yenisey from Marmara University Faculty of Law who has opened to criticism the Turkish Criminal Law Draft and theTurkish Code of Criminal Procedure to American,German and Turkish scientists who have an international fame has constituted an organization committee composed of Prof.Dr.Dr.h.c mult Hans-Joachim Hirsch and Prof.Dr.Dr.h.c Friedrich-Christian Shroeder.In this work group, Istanbul Goethe Institute,Heinrich Böll Foundation, Kansas University Faculty of Law and Yeditepe University Faculty of Law have given an important boost and have participated to the organization.We would like to thank them.
In the book in which the Code of Criminal Procedure is discussed and that we have given the name of Criminal Law Reform ,we have decided as Umut Foudation Board of Directors to publish this production thinking that it will constitute a useful source in respect to the law enforcement personnels, scientists and Parliamentary Committee members.
We would to submit this work to your appreciation with the hope it will contribute a bit to the law and human rights in our country and will be useful.
|
