Definition of the right to hope and emphasis on the Constitutional Court

Joint report accepted by the committee: Definition of the right to hope and emphasis on the Constitutional Court

The report outlines an approach that avoids headlines that could be perceived as amnesty, focusing instead on the law and the public conscience. The goal of a Turkey free of terrorism opens up to the broader goal of a region free of terrorism.

In addition to the regulations and recommendations mentioned in the report, it is also clear that political parties need a new constitution, as previously stated in their own reports.

CONTENTS OF THE REPORT

Following Kurtulmuş’s speech, the concrete proposals in the joint report were read out. The proposals in the joint report are summarised as follows:

•The most critical threshold in the process is the confirmation by the state security units that all elements of the PKK have laid down their arms. The identification and confirmation mechanism must operate in coordination with the state mechanisms.

•A targeted, independent and temporary law is required. The aim should be to reintegrate those who reject weapons and violence into society. The law must take into account public conscience and public opinion.

•Alongside the temporary law, it must be considered whether legal proceedings should be initiated against the individuals concerned, using provisions in the Penal Code and the Enforcement of Sentences Act. The perception of amnesty should not be created.

•It is imperative to determine policies that contribute to the healthy progress of the social integration process and enable every individual to have equal opportunities for a shared future.

•A mechanism must be established to monitor the process involving members of the organisation. It must be observed whether the process is proceeding in a healthy manner.

•The activities of those involved in the process, those participating in commission meetings, and officials must be guaranteed by law.

•The creation of a political environment in which any opinion that does not constitute a criminal offence, such as insults and threats, can be expressed is a fundamental requirement.

RIGHT TO HOPE

•Mechanisms demonstrating full compliance with ECHR and Constitutional Court rulings must be strengthened.

•The Enforcement Legislation must be reviewed and re-enacted based on the principle of enforcement justice.

•Care must be taken to ensure that trials are conducted without detention, in line with the case law of the ECHR and the Constitutional Court.

•Barriers to the full and complete exercise of fundamental rights and freedoms must be removed. Actions falling within the scope of freedom of expression should not be considered terrorist offences.

•Laws restricting press freedom must be reconsidered.

•A new Political Parties Act and Electoral Act must be drafted.

•A Political Ethics Act must be drafted.

TRUSTEES

•In the event that the Mayor is removed from office, only the Municipal Council should be elected.

PENALTY REGULATION REQUIRED

After the joint report was read, MHP Deputy Chairman Feti Yıldız took the floor and stated that the penalty regulation, which he described as ‘a patchwork quilt,’ needed to be changed. Emphasising the importance of ensuring equality in the Penal Code, Yıldız reported that there was full agreement on compliance with the decisions of the Constitutional Court and the European Court of Human Rights.

OBJECTION FROM THE DEM PARTY

DEM Party Group Deputy Chair Gülistan Kılıç Koçyiğit gave the floor to DEM Party MP Cengiz Çiçek to explain the DEM Party’s views on the joint report draft.

Çiçek recorded his objections to the report with the following statements:

“We want it to be known that we have persistently sought common ground. Despite all our efforts, we would like to state that we have different views on some of the points included in the joint report. We do not find it appropriate for concepts such as “terrorist organisation” and “terrorist scourge” to be included in the report. Such approaches are not in line with the approach of the joint report. The approach to Abdullah Öcalan, one of the architects of this period, is also of critical importance. He is trying to weave peace, stitch by stitch, in the unfavourable conditions of Imralı Island. The language of the joint report should not be one-sided.”

HOPES HAVE NOT BLOSSOMED

CHP Deputy Group Chairman Murat Emir began his speech by addressing the lawlessness in Turkey, stating, ‘The work of this commission has not fostered the expected hope.’ Emir stated that demands for concrete steps towards Turkey’s democratisation had not been met, saying, ‘The rhetoric that has remained merely verbal until now must be put into practice.’ Stating that the joint report should not remain on paper, Emir emphasised ‘the urgent need to take the steps required for democratisation.’

ATALAY EMPHASIS

CHP MP Salih Uzun drew attention to the clause in the joint report stating, ‘Constitutional Court decisions must be complied with in full,’ saying, ‘The Assembly itself does not comply with Constitutional Court decisions. The Constitutional Court ruled twice that Can Atalay’s rights had been violated. The Grand National Assembly did not implement this.’ Noting that the Constitutional Court’s decision regarding Can Atalay should be read and that he should return to his post, Uzun suggested, ‘Tayfun Kahraman should also be released so he can receive treatment. Finalised court decisions should also be implemented within these 12 days. The unlawful situation of Demirtaş and Kavala should change.’

WE VOTED NO

Ahmet Şık emphasised that no new regulation is needed to implement the Constitutional Court’s decision regarding Selahattin Demirtaş, Can Atalay and Tayfun Kahraman. Noting that those who do not implement the Constitutional Court’s decisions are proposing that ‘the Constitutional Court’s decisions be complied with,’ Şık addressed Numan Kurtulmuş, Speaker of the Grand National Assembly, saying, ‘If you are sincere, implement the Constitutional Court’s decision regarding Can Atalay.’ Şık noted that the mayors of municipalities under trusteeship and academics dismissed by decree-law could not return to their posts, stating, ‘An approach that suspends the law even in such a historical matter serves to deepen the problem,’ and indicated he would vote ‘No’ on the joint report.

2 AGAINST, 1 ABSTENTION

Following the conclusion of the discussions, the joint report was put to a vote. The report passed the committee with 47 votes in favour, two against and one abstention. The AKP, CHP, MHP, DEM Party and Yeniyol voted in favour of the report, while TİP MP Ahmet Şık and EMEP MP İskender Bayhan voted against. CHP MP Türkan Elçi abstained.

MESSAGE FROM ÖCALAN ON SYRIA

The DEM Party Imralı Delegation published a message from PKK leader Abdullah Öcalan regarding Syria: “In keeping with the spirit of democratic integration, there must be local democracy and its institutionalisation. This is what we propose for Syria. What I mean by local democracy is this: it could be a city or a village, and they should have the right to express themselves freely and govern themselves. The conditions for local government are clear. I am not talking about a separate state or region. An expanded version of the European Charter of Local Self-Government that is compatible with our social reality would also be a strong basis for this…”

Note: This article is translated from the original article titled Süreç komisyonunda ortak rapor kabul edildi: Umut hakkı tarifi ve AYM vurgusu, published in BirGün newspaper on February 19, 2026.