More than 200 PKK terrorists released following Constitutional Court ruling!
In Diyarbakır, more than 200 PKK terrorists have been released in accordance with a Constitutional Court ruling. The fact that these releases coincide with the new peace process dubbed 'Terror-Free Turkey' has drawn attention.
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Diyarbakır High Criminal Courts have suspended the sentences of and released more than 200 PKK convicts within the last 72 hours, in line with a ruling by the Constitutional Court (AYM).
This development has drawn attention as it coincides with the period of the terrorist organization PKK's disarmament process.
According to a report by Özgür Cebe from Sözcü, between 2006 and 2016, special authorized courts under the influence of FETÖ had convicted many individuals of membership in a terrorist organization under Article 314 of the Turkish Penal Code (TCK). During this period, individuals who participated in social events and organized unauthorized demonstrations were also deemed members of a terrorist organization and punished.
Those who participated in social events, violated the law on meetings and demonstrations, or committed the crime of resisting to prevent the performance of duty were also sentenced to various prison terms of up to 10 years by being deemed members of a terrorist organization under Article 314/2, via the reference of Article 220/6 of the TCK, for “committing a crime on behalf of an organization without being a member of an armed terrorist organization.”
The 9th Criminal Chamber of the Court of Cassation also upheld these decisions.
The Constitutional Court, in a decision taken on November 5, 2024, annulled the 6th paragraph of Article 220 of the TCK and decriminalized such convictions. The decision was published in the Official Gazette on January 9, 2025, and entered into force 6 months later. The courts in Diyarbakır worked intensively to carry out the releases in accordance with this decision.
THEY WILL BE ABLE TO FILE COMPENSATION LAWSUITS
Those released will have the right to file compensation lawsuits against the treasury. While the files of those in custody were handled ex officio and mass release decisions were issued, arrest warrants for those being tried without detention were revoked. Those who have completed their sentences will be able to request a retrial if they wish, and will be able to file for compensation after an acquittal. This process will be carried out through a compensation commission established within the Ministry of Justice.