NEWS CENTER - The articles of the framework law prepared as part of the Peace and Democratic Society Process have been made public. The bill, which will establish a verification and determination authority, excludes Abdullah Öcalan and those who sentenced before 2005 from its scope.

 

The articles of the bill titled “Law on Strengthening National Solidarity and Social Integration,” drafted as part of the Peace and Democratic Society Process aimed at resolving the Kurdish issue, have been made public. 

 

The provisions of the 12 article bill, which was distributed to several media organizations, are as follows:

 

*Verification and Determination Authority: The bill stipulates that the organization’s effective existence, including all organizational structures and elements under its control, must be determined by the security institutions to have ended and to have been disarmed. This determination is then to be verified by the National Security Council.

 

*Scope: The bill covers the offenses of establishing or leading the PKK/KCK, membership in the organization, knowingly and willingly aiding the organization, and disseminating its propaganda, as well ass offenses committed as part of the organization’s actives and offenses committed in its favor under Law No. 6415 on the Prevention of Financing of Terrorism.

 

*Exclusions: Investigations and prosecutions concerning the offense of intention homicide committed as part of the organization’s activities, as well as offenses committed before 1 June 2005 that carry a sentence of life imprisonment or aggravated life imprisonment, are excluded from the scope of the bill.

 

*Investigations and Prosecutions: Assessments regarding individuals covered by this will be carried out by the authorities currently conducting the relevant investigations or prosecutions. However, applications to benefit from the provisions of this law may be submitted to the Chief Public Prosecutor’s Office in the applicant’s place of residence or to institutions designated by the Board. 

 

*Suspension of Investigations and Prosecutions: Investigations and prosecutions shall be suspended for five years in cases involving offenses punishable by a maximum sentence of 15 years or less, and for 10 years in cases involving offenses punishable by more than 15 years’ imprisonment, life imprisonment, or aggravated life imprisonment. Decision may be appealed or challenged within two weeks.

 

Protective measures, including detention and judicial control, imposed in relation to offenses for which a suspension decision is to be issued will be lifted, provided that the relevant conditions are met. 

 

In cases pending review, the decision will be overturned and the case will be returned to the court of first instance, which will issue a suspension decision. If no new offense is committed during the specified period, a decision of non-prosecution or dismissal of the case will be issued. 

*Suspension of Sentences: The execution of prison sentences totaling 15 years or less will be suspended for five years, while the execution of prison sentences exceeding 15 years, as well as life imprisonment and aggravated life imprisonment, will be suspended for 10 years by a decision of the enforcement judge. The decision may be appealed. 

 

If no new offenses is committed during the suspension period, the sentence will be regarded as having been served.

 

*Statute of Limitations: The limitation periods for prosecution and the enforcement of sentences will be tolled during the suspension period. 

 

*Loss of Rights: Suspension decisions will be reviewed periodically by the Board. Where it considers appropriate, the Board may request the criminal peace judgeship, the relevant court, or the enforcement judge to remove all legal disabilities arising from the investigation, prosecution, or conviction.

 

*In case of five year suspension decision, at least two years must have elapsed from the date of the decision. In the case of 10 year suspension decision, at least three years must have elapsed. 

 

*Monitoring, Coordination and Implementation: A Board chaired by the Vice President and comparing the Minister of Justice, the Minister of Foreign Affairs, the Minister of Interior, the Minister of Defense, the Secretary General of the Presidency, the head of the National Intelligence Organization (MIT), and the Secretary General of the National Security Council will oversee and evaluate the implementation of the law. 

 

The bill provides that the Board will be coordinated by the Secretariat General of the Presidency.

 

A Grand National Assembly of Turkey Monitoring Commission, comprising 17 members, will be established to monitor activities carried out under this law.

 

*Surrender and Disarmament: The bill provides for a joint circular to be prepared by the Ministry of National Defense and the Ministry of Interior, in consultation with the security institutions, to govern the registration process.

 

*Application Period: Individuals seeking to benefit from this law will be required to submit a written application within six months of the publication of the National Security Council’s decision in the Official Gazette.