The impact of the new 'opening' process on the 10th Judicial Package! The striking 'right to hope' claim...
Nefes Gazetesi columnist Nuray Babacan, in her article titled "The 'opening' touch to the judicial package," stated that the new opening process would be influential in the 10th Judicial Package, noting, "This process will either end in disappointment like in 2012, or by the end of the year, we will start talking about a general amnesty, the right to hope, and such."
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The new opening process, architected by MHP Chairman Devlet Bahçeli and dubbed 'Terror-Free Turkey' by the government, is also shaping the steps to be taken in judicial reform.
Nefes Gazetesi columnist Nuray Babacan, in her article titled "The 'opening' touch to the judicial package," evaluated the details and potential effects of the critical meeting held between the DEM Party and the Ministry of Justice.
10TH JUDICIAL PACKAGE: EXPECTATION OF A CONDITIONAL EXPANSION
According to Nuray Babacan, the 10th Judicial Package, which is expected to come to the agenda of the Turkish Grand National Assembly in the coming days, will be presented in its current form in the first stage. However, Babacan points to an important possibility by saying, "If this process is successfully completed, the package will turn into something very different."
At the forefront of the developments that will play a key role in the process is the dissolution of the terrorist organization PKK and the laying down of arms.
In Babacan's words, "The PKK congress expected to be held soon, the organization's self-dissolution and the surrender of weapons..." will determine the course of the process.
If these steps are taken, the scope of the 10th Judicial Package will expand, and it is expected to include much more comprehensive regulations. Otherwise, only a limited change will be made regarding probation within the scope of the pandemic amnesty.
DEM PARTY'S DEMANDS COULD SHAPE THE PACKAGE
According to Babacan, the following issues were particularly prominent in the contacts between the DEM Party's İmralı Delegation and the Ministry of Justice:
The lack of standards in Prison Administration and Observation Boards and Forensic Medicine practices. Babacan draws attention to the current irregularity by saying, "It is known that there are differences from prison to prison in the decisions of these two structures." It is proposed to introduce standard decision-making mechanisms.
Expanding regulations for sick prisoners. This article, which is already in the package, is on the agenda to be further relaxed in line with the demands.
Eliminating the legal absurdity in the definition of organizational membership. Babacan emphasizes that the "article that allows for sentencing as an organization member even if one is not an organization member" could be changed. It is a matter of completely removing this provision, which the Constitutional Court has canceled, from the law.
Changing the practice of sentence enhancement for organized crimes is considered a lower probability.
TWO POSSIBLE OUTCOMES OF THE PROCESS: EITHER DISAPPOINTMENT OR MAJOR CHANGE
Babacan concluded her article with the words, "This process will either end in disappointment like in 2012, or by the end of the year, we will start talking about a general amnesty, the right to hope, and such..."