12-article framework bill submitted to parliament
RastinewsAnkara has taken the legislative step expected under its "Terror-Free Turkey" process. A 12-article bill titled the "Draft Law on Strengthening National Solidarity and Social Cohesion" has been submitted to parliament, providing for a five- to ten-year suspension of investigations and sentencing in terrorism cases — contingent on the National Security Council (MGK) confirming that weapons have been surrendered and the organization dissolved.
The framework law — the historic bill Turkey has awaited under the government's "Terror-Free Turkey" process — was submitted to parliament today. It goes before committee on Friday and the general assembly on Sunday. Before the 12-article measure can take effect, the National Security Council (MGK) must determine and confirm that every PKK/KCK-linked structure has dissolved itself and surrendered its weapons entirely. Once that condition is met, investigations, prosecutions and final conviction rulings will be suspended for offenses covering "founding or leading the organization, membership, knowingly and willingly aiding it, propaganda, crimes committed within the organization's activities, and offenses related to financing terrorism." Under the bill, sentences will be suspended — with no statute of limitations running — for five years in cases carrying penalties under 15 years, and ten years in cases exceeding 15 years. If the required conditions are met by the end of that period, the sentence will then be dropped.
The bill excludes "intentional killing committed within the scope of the organization's activities," as well as those sentenced to aggravated life imprisonment before June 1, 2005, or offenses carrying an aggravated life sentence. That exclusion bars PKK leader Abdullah Öcalan, who ordered the group's dissolution, from benefiting from the law.
Under the bill, an "Evaluation and Coordination Board" chaired by the Vice President will handle confirmation and verification, with the Justice Minister, Foreign Minister, Interior Minister, National Defense Minister, the Presidency's Secretary-General, the head of the National Intelligence Organization (MİT) and the Secretary-General of the National Security Council as members. The Presidential Secretariat-General will coordinate the board's work. The law also establishes a 17-member Monitoring Committee within parliament, whose composition will be decided by the Speaker of parliament. The committee will not be bound by parliament's internal bylaws.
The bill also addresses loss of rights. Suspension decisions will be reviewed periodically by the board, which may, if it deems necessary, request that any loss of rights stemming from the investigation, prosecution or conviction be fully reversed.
Here is the scope of the "Draft Law on Strengthening National Solidarity and Social Cohesion," known as the framework law, as presented to the political parties in parliament:
Draft Law on Strengthening National Solidarity and Social Cohesion
The bill, titled the "Law on Strengthening National Solidarity and Social Cohesion," consists of 12 articles. It was drafted to establish and confirm that the PKK/KCK terrorist organization and all structures linked to it have ended their actual existence and surrendered every weapon and piece of ammunition under their control. The text provides as follows:
Authority for Determination and Confirmation:
Security institutions will determine that the organization has ended its actual existence, together with every structure and element under its control, and has disarmed; the National Security Council will then confirm that determination.
Scope:
The law covers the offenses of founding or leading the PKK/KCK terrorist organization, membership, knowingly and willingly aiding it, and disseminating its propaganda, as well as offenses committed within the scope of the organization's activities and offenses committed in its favor under Law No. 6415 on the Prevention of the Financing of Terrorism.
Excluded from Scope:
Excluded are intentional killings committed within the scope of the organization's activities, along with investigations and prosecutions for offenses committed before June 1, 2005 that carry a sentence of life imprisonment or aggravated life imprisonment.
Investigation and Prosecution:
Cases falling within the law's scope will be assessed by the authorities already handling the relevant investigation or prosecution. Applications to benefit from the law, however, may be filed with the local chief public prosecutor's office or with institutions designated by the board.
Suspension of Investigations and Prosecutions:
- Five years for offenses carrying a maximum sentence of 15 years or less;
- Ten years for offenses carrying more than 15 years' imprisonment, or life imprisonment or aggravated life imprisonment — investigations and prosecutions will be suspended for these periods.
An appeal against the decision may be filed within two weeks.
Where the conditions are met, protective measures such as pretrial detention and judicial control related to the suspended offenses will be lifted.
Files still under appellate review will be sent back, with the suspension order to be issued by the first-instance court. If the specified period passes without a new offense being committed, a decision of no grounds for prosecution or dismissal will be issued.
Suspension of Sentences:
- A total sentence of 15 years or less: five years;
- A total sentence of more than 15 years, or a conviction carrying life imprisonment or aggravated life imprisonment: ten years — suspended by decision of the execution judge, subject to appeal.
If the suspension period passes without a new offense being committed, the sentence will be deemed served.
Statute of Limitations:
The statute of limitations for prosecution and sentencing will not run during the suspension periods.
Loss of Rights:
Suspension decisions will be reviewed periodically by the board. Where it deems necessary, the board may request that the criminal peace judgeship, court or execution judgeship fully reverse any loss of rights arising from the investigation, prosecution or conviction.
For five-year suspension decisions, at least two years must have passed since the decision was issued; for ten-year suspension decisions, at least three years must have passed.
Monitoring, Coordination and Implementation:
The board, chaired by the Vice President and made up of the Justice Minister, Foreign Minister, Interior Minister, National Defense Minister, the Presidency's Secretary-General, the head of the National Intelligence Organization (MİT) and the Secretary-General of the National Security Council, will monitor and evaluate the law's implementation.
The Presidential Secretariat-General is designated to coordinate the board.
A 17-member Grand National Assembly Monitoring Committee will be established to oversee activities under the law.
Surrender and Disarmament:
The circular governing the process of recording the surrendered weapons is to be drawn up jointly by the Ministry of National Defense and the Ministry of Interior, in consultation with security institutions.
Application Period:
A written application to benefit from the law must be submitted within six months of the National Security Council's decision being published in the Official Gazette."
Source: T24