Home > Current Affairs News > DEM Party MP announces: YENİ Party's decision on the framework law is clear!

DEM Party MP announces: YENİ Party's decision on the framework law is clear!

The Turkish Grand National Assembly (TBMM) Justice Committee has approved the 12-article framework law proposal prepared as part of the second resolution process, following 17.5 hours of deliberations. DEM Party's Saruhan Oluç announced that in addition to the AKP, MHP, and DEM Party, the YENİ Party also voted 'yes' to the proposal.

12punto

The framework law, prepared as part of the second resolution process—architected by MHP leader Devlet Bahçeli and referred to by the government as a "Terror-Free Turkey" initiative, involving the DEM Party and the leader of the terrorist organization PKK, Abdullah Öcalan—has been approved by the TBMM Justice Committee.

The proposal is expected to be discussed in the General Assembly of Parliament on August 10.

Tensions rose from time to time during the sessions, which lasted over 17 hours, and friction occurred between the deputies.

DEM Party Antalya MP Saruhan Oluç announced that the framework law proposal was accepted in the committee with the 'yes' votes of the AKP, MHP, DEM Party, and YENİ Party.

In a statement on his social media account, Oluç used the following expressions:

“With 17.5 hours of uninterrupted work, the “Framework Law” was accepted in the TBMM Justice Committee with the “yes” votes of the AK Party, MHP, DEM Party, and YENİ Party. Best wishes to everyone…”


On the other hand, there has been no official statement from the YENİ Party regarding the matter yet.

***

WHAT DO THE 12 ARTICLES OF THE BILL CONTAIN?

The Bill on Strengthening National Solidarity and Social Integration, consisting of 12 articles, regulates the legal process to be applied if security institutions determine that the de facto existence of structures linked to the terrorist organization PKK/KCK has ended and that controlled weapons and ammunition have been surrendered.

For the regulation to be implemented, it is required that said determination be confirmed by the National Security Council (MGK) and that the decision be published in the Official Gazette.

SCOPE OF THE PROPOSAL

The first article of the proposal defines the purpose and scope of the law. Accordingly, the regulation covers crimes such as establishing or managing the terrorist organization PKK/KCK, being a member of the organization, knowingly and willingly assisting the organization, engaging in propaganda for the organization, crimes committed within the scope of the organization's activities, and the financing of terrorism carried out in favor of the organization.

The second article contains definitions of the concepts of "organization" and "Board" used in the law. While the term "organization" covers the terrorist organization PKK/KCK and all formations connected to it, "Board" refers to the structure to be established under Article 7, which will monitor the implementation of the law.

REGULATION ON POSTPONEMENT OF INVESTIGATIONS AND PROSECUTIONS

The third article contains provisions regarding the postponement of ongoing investigations and prosecutions. Intentional homicide crimes committed within the scope of the terrorist organization's activities, as well as crimes committed before June 1, 2005, that require life imprisonment or aggravated life imprisonment, are excluded from the regulation.

Investigations and prosecutions for crimes within the scope that require a maximum sentence of 15 years or less will be postponed for 5 years, while those requiring more than 15 years of imprisonment, life imprisonment, or aggravated life imprisonment will be postponed for 10 years.

During this period, the statute of limitations for the case will not run. Initiating an investigation for crimes within the scope that were committed before the publication of the MGK decision in the Official Gazette but are to be investigated later will be subject to the permission of the Board.

PROVISIONS REGARDING DETENTION AND TRIAL STAGES

The fourth article contains regulations for files at the detention, judicial control, appellate, and supreme court stages.

Detention and judicial control measures applied due to crimes within the scope of the postponement will be re-evaluated by the relevant judicial authorities. If the conditions are met, these measures may be lifted.

In files where appellate or supreme court review is ongoing, a reversal decision will be issued.

POSTPONEMENT WILL BE LIFTED IF A NEW CRIME IS COMMITTED

According to the fifth article, decisions regarding the postponement of investigations and prosecutions will be recorded in a special system.

In the event that a new terror-related crime is committed during the postponement period, the postponement decision will be lifted, and the investigation or prosecution will continue. If the period is completed without a new crime being committed, a decision of non-prosecution or dismissal of the case will be rendered.

EXECUTION OF FINALIZED SENTENCES MAY BE POSTPONED

The sixth article contains provisions regarding the postponement of the execution of finalized conviction decisions.

Those convicted of intentional homicide committed within the scope of the activities of the terrorist organization PKK, as well as those sentenced to life imprisonment or aggravated life imprisonment for crimes committed before June 1, 2005, are kept outside the scope of the regulation.

For other crimes within the scope, the execution of sentences for those who received a total of 15 years or less of imprisonment will be postponed for 5 years, and the execution of sentences for those who received more than 15 years of imprisonment, life imprisonment, or aggravated life imprisonment will be postponed for 10 years.

The execution judge will make the postponement decision. In the event that a new terror-related crime is committed during this process, the postponement will be lifted and the execution of the sentence will continue. If the postponement period is completed without a new terror-related crime being committed, the sentence will be considered executed.

A BOARD WILL BE ESTABLISHED TO MONITOR THE IMPLEMENTATION

With the seventh article, it is envisaged that a Board will be established under the chairmanship of the Vice President to monitor and evaluate the implementation of the law.

The Board will include the Ministers of Justice, Foreign Affairs, Interior, and National Defense, as well as the Presidential Secretary General, the Head of the National Intelligence Organization, and the Secretary General of the MGK.

Sub-committees may be established if deemed necessary. In addition, representatives of needed institutions and relevant persons may be invited to the meetings.

PROCEDURE FOR SURRENDER OF WEAPONS AND AMMUNITION WILL BE DETERMINED

The eighth article regulates the process regarding the surrender of weapons and materials.

Weapons, ammunition, vehicles, equipment, explosives, and other materials brought or declared by PKK terrorists within the scope of the law will be recorded.

The procedures and principles regarding how the registration of these materials will be carried out and the subsequent actions to be taken will be determined by the Ministry of Interior and the Ministry of National Defense, after taking the opinions of security institutions.

6-MONTH PERIOD FOR APPLICATIONS

The ninth article determines the application period for those who wish to benefit from the regulation.

Persons who submit a written application to the Chief Public Prosecutor's Offices in their location or to the institutions to be assigned by the Board within 6 months after the publication of the MGK decision in the Official Gazette will be able to benefit from the provisions of the law.

LEGAL PROTECTION FOR PUBLIC OFFICIALS INVOLVED

With the tenth article, the duties and responsibilities of public institutions and organizations are determined. It is envisaged that the duties assigned within the scope of the law will be fulfilled promptly by the relevant institutions.

Furthermore, it is decreed that persons who fulfill the duties assigned to them in line with the purposes and activities of the law will not bear any legal, administrative, or criminal liability due to these duties.

In this context, legal protection is envisaged for persons who undertake duties within the framework of the law, primarily the members of the National Solidarity, Brotherhood, and Democracy Commission.

The 11th article of the proposal contains provisions regarding the entry into force, and the 12th article contains provisions regarding execution.