What is TCK Article 115? (Preventing the Exercise of Freedom of Belief, Thought, and Conviction)

TCK 115, a person belief, thought, or conviction regarding compelling or this freedom preventing from exercising punishes.

The purpose of this offence is to protect a person's:

• belief/thought disclosure or non-disclosure,
• belief changing or not changing,
• In accordance with one's belief performing worship/rituals,
• Arising from one's belief maintaining lifestyle preferences the freedom to protect.

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What is the Penalty for the Offence under TCK Article 115?

Base Penalty (TCK 115/1)

Penalty pursuant to TCK 115/1: imprisonment from 1 to 3 years.

Prevention of Worship or Rituals (TCK 115/2)

The individual or collective performance of religious worship/rituals force/threat or through other unlawful acts also the prevention is subject to the same penalty as follows: 1 to 3 years of imprisonment.

Interference with Lifestyle (TCK Art. 115/3)

Interfering with a person's lifestyle choices stemming from their beliefs/thoughts/convictions by means of force/threat or unlawful acts, or compelling a person to change them, also 1 to 3 years of imprisonment shall be punished.

When is the Penalty Increased? (TCK Art. 119)

For instance, if the offense is committed:

• With a weapon,
• If committed together with more than one person,
• By abusing the influence of a public office,
  the penalty may be increased by one fold (TCK 119).

Application example: In the jurisprudence of the Court of Cassation (Yargıtay), a public official's interference with a person's religious attire/lifestyle by abusing their influence TCK 115/3 + 119/1-e may be evaluated within the scope of.

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What are the Elements (Conditions) of TCK Article 115?

1) Perpetrator and Victim

• Perpetrator: Anyone can be (not a specific-subject crime).
• Victim: The person whose freedom of belief/thought/conviction is violated.

2) Act (Which Behaviors Constitute the Crime?)

There are three main groups of acts under TCK 115:

a) Compelling a person to disclose or change their religious belief or conviction (TCK 115/1)

Examples:

• Such as "If you do not express this opinion, I will harm you" threat,
• Applying physical pressure on a person to change their belief (duress).

b) Preventing the disclosure or dissemination of a belief (TCK 115/1)

Examples:

• Preventing a person from giving speeches, making posts, or expressing opinions by means of threats.

c) Obstructing worship or religious ceremonies (TCK 115/2)

Examples:

• Preventing access to the area where collective worship is conducted through force or threats,
• Applying intimidation or pressure to practically prevent the act of worship.

d) Interference with lifestyle (TCK Art. 115/3)

Examples:

• Interfering with clothing choices based on one's belief and compelling to change them,
• Attempting to force a person to change their preferred lifestyle dictated by their belief through coercion or threats.

3) Method: "Coercion or Threat" or "Other Unlawful Conduct"

• Coercion: Use of physical force (pushing, holding, forcible removal, etc.).
• Threat: Intimidation; notifying that harm will be inflicted.
• Other unlawful conduct: Determined on a case-by-case basis; for example, unlawful obstruction, pressure, or arbitrary prohibition.

Note: The typical characteristic of TCK Art. 115 is not merely "condemnation/criticism"; rather, the emergence of methods that establish pressure and effectively restrict freedom. Evaluations are made according to the nature of the specific case.

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Frequently Asked Questions (FAQ)

1) What is the offense under TCK Art. 115?

TCK 115, compels the person to reveal or change their religion, conscience, and opinion,or prohibits them from revealing or disseminating the same; furthermore, worship or a lifestyle stemming from religious belief criminalizes hindering them through coercion, threats, or unlawful conduct.

2) What is the penalty for TCK 115?

Base sentence imprisonment from 1 to 3 yearsis (TCK 115/1). Articles 115/2 and 115/3 also reference the same penalty.

3) Which paragraph does obstructing worship fall under?

Obstruction of religious worship or rituals TCK 115/2 falls within the scope of.

4) Which paragraph does interference with lifestyle (clothing, etc.) fall under?

Interference with lifestyle choices derived from belief and coercion to change them TCK 115/3 may be evaluated within the scope of. There are examples of this in the practice of the Court of Cassation (Yargıtay).

5) What happens if committed by a public official?

If the crime is by abusing the influence conferred by public duty, committed TCK 119/1-e the penalty pursuant to increased by one fold.

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Atty. Batın YILMAZ