Postponement of prosecution and sentencing

The ‘legal’ phase of the process: Postponement of prosecution and sentencing

LEGISLATIVE PROCESS

Following the completion of the Commission’s work, the eagerly awaited legislative process officially began. A 12-article draft bill, prepared by AKP MPs and described as the “Framework Law”, was submitted to the Parliamentary Presidency. The draft bill, which MPs signed without having seen it, contained comprehensive provisions. It was reported that 360 MPs had signed the bill. It was learnt that whilst MPs from the YENİ Party did not sign the bill, it was signed by MPs from the AKP, MHP, CHP, DEM Party, some members of the Yeni Yol Group and some independent MPs.

STATEMENT FROM GÜLER

AKP Group Chairman Abdullah Güler addressed the cameras following the submission of the bill to the Presidency of the Grand National Assembly of Turkey. Güler began his speech by reading out the joint report of the Grand National Assembly’s Commission on National Unity, Brotherhood and Democracy. Stating, “We cannot be in a position that would harm the rights of our martyrs and veterans,” Güler called on everyone to contribute to the process.

ÖCALAN’S CONDITIONS

When asked, “Will Öcalan’s conditions be improved?”, AKP’s Güler referred the matter to the Ministry of Justice. Noting that no legislative amendment was required to improve the conditions, Güler said, “Regulations could be introduced regarding visits by academics and journalists.”

SCOPE OF THE LAW

According to the Framework Law, “the determination by security agencies that the PKK and all organisational structures under its control, along with all their components, have ceased their de facto existence and have been disarmed” will be confirmed by the National Security Council. The Act will also cover “the offences of establishing or leading the PKK/KCK terrorist organisation, becoming a member of the organisation, or knowingly and willingly aiding it, and propagating the organisation’s ideology”. Members of the organisation who “commit offences within the scope of the organisation’s activities” and those who “commit offences set out in Law No. 6415 on the Prevention of the Financing of Terrorism for the benefit of the organisation” will also be eligible to benefit from the law.

Organisational members who have committed the offence of murder or who have committed offences punishable by life imprisonment or aggravated life imprisonment prior to 1 June 2005 will not be eligible to benefit from the law. Individuals falling within the scope of the law who are currently subject to investigation or prosecution will continue to be tried by the authorities handling their cases.

APPLICATION PROCESS

Those wishing to benefit from the law may apply to “the Public Prosecutor’s Offices in their respective localities” or “institutions designated by the Council”. Organisation members residing abroad must apply via consulates.

SUSPENSION

With the exception of offences not covered by the law, a suspension will be imposed on the investigation and prosecution processes for those who have committed offences within the scope of the organisation’s activities or for its benefit. In this context, investigations and prosecutions concerning offences carrying a maximum sentence of 15 years’ imprisonment or less will be deferred for a period of five years, whilst those concerning offences carrying a maximum sentence of more than 15 years’ imprisonment, life imprisonment or aggravated life imprisonment will be deferred for a period of 10 years.

The decision to defer will be made by the Public Prosecutor during the investigation stage and by the court conducting the trial during the prosecution stage. The statute of limitations will not run during the deferral period. Should a terrorist offence be committed during the deferral period, the deferral decision will be revoked and the investigation and prosecution will continue.

The enforcement of sentences for convicted persons sentenced to a total of 15 years’ imprisonment or less for offences committed within the scope of, or in support of, the organisation’s activities will also be deferred for a period of five years. For convicted persons sentenced to a total of more than 15 years’ imprisonment, life imprisonment or aggravated life imprisonment, the enforcement of their sentences may be deferred for a period of 10 years by decision of the enforcement judge.

DEPRIVATION OF RIGHTS

Decisions on deferral will be reviewed periodically by the Committee to be established. Should it deem it necessary, the Committee may request the magistrates’ court, criminal court or enforcement judge to lift all consequences of the deprivation of rights arising from the investigation, prosecution or conviction.

SURRENDER AND DISARMAMENT

A separate circular will be drawn up regarding surrender and disarmament. The work to be carried out in this context will be coordinated by the Ministry of National Defence and the Ministry of the Interior. Those wishing to benefit from the Act may submit a written application within six months of the publication of the National Security Council Decision in the Official Gazette.

∗∗∗

WHEN WILL IT BE SUBMITTED TO THE COMMITTEE?

The draft law will be submitted to the Justice Committee on Friday, 7 August. Following discussions in the Justice Committee, the draft will be forwarded to the General Assembly of the Grand National Assembly of Turkey. According to parliamentary sources, the draft is expected to become law by 12 August at the latest.

Note: This article is translated from the original article titled Süreçte “yasal” aşama: Kovuşturma ve infaz ertelemesi,published in BirGün newspaper on August 6, 2026.