İdeolojinin Türk Hukukuna Yansıması: Komünizm Örneği (1923-1960)
Reflection of Ideology on Turkish Law: The Case of Communism (1923-1960)

Summary/Abstract: From the establishment of the Republic of Turkey until the military coup in 1960, the judicial system has been changed many times for various reasons. One of these reasons is to fight against harmful ideologies. A revolutionist idea threatening the regime like communism is one of them. Believing that communism would endanger the state’s future, measures were taken through enactment of constitution,laws, decrees, and the mechanisms of censorship and prohibitions. In situations in which punishments are insufficient, Communism, is considered as a crime of thought and an act of incitement to revolt,and to subvert the government and changing the regime. In this context, people accused of communist activity or propaganda were subject to heavier penalties. However, works for the inclusion of ideological crimes in the laws have continued as well. The situation of communist or anti-communist movements in the world has been monitored and measures have been taken in the fight against communism and finally the ideology has reached a de facto enemy position starting from the NATO accession process. While the attitude towards communism between 1923 and 1960 has been examined at five phases, the change in Turkish penal laws, decrees, and freedom of thought have indicated the extent that ideology plays a role in government policies. The support of judiciary and law enforcement agencies were necessary for the implementation of these policies. Thus, ideology has affected not only the society but also the fields such as law,justice and judiciary, and has been one of the actors in the formation of these laws with its shaping effect.

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