New phase in the second opening process: Allegations of preparation for a special law for the return of PKK terrorists who lay down arms

Eyes have turned to 'legal regulations' in the second opening process, which is architected by MHP leader Devlet Bahçeli, termed 'Terror-Free Turkey' by the government, and conducted with the DEM Party and the leader of the terrorist organization PKK, Abdullah Öcalan.

A new allegation has been raised regarding the issue, which the DEM Party front frequently voices and the MHP supports.

According to the report by Besti Karalar from Ekonomim, the legal regulation prepared for the process is expected to be presented to political parties for evaluation within the month of June.

While the draft regulation is being finalized, it is also envisioned that a report containing the confirmation and findings of security units regarding the terrorist organization laying down its arms will be shared with the public.

DISARMAMENT AND LEGAL PROCESS WILL PROCEED TOGETHER

According to the planning, it is aimed to carry out the presentation of the legal regulation to the Grand National Assembly of Turkey and the disarmament process of the terrorist organization simultaneously.

Within the scope of the regulation prepared by the Ministry of Justice and AKP legal experts, a certain period will be granted for the return of PKK terrorists who lay down their arms to Turkey. While a period between 1 and 3 months is being evaluated, it is stated that a two-month calendar is coming to the fore.

While it is planned that the return procedures will be carried out under the supervision and control of security units, it is envisioned that the TBMM or the President will be authorized regarding any extension of the period. A three-year calendar is being focused on to conclude the process in all its aspects, with the emptying of caves, the surrender of organization members, and the completion of judicial processes.

SPECIAL STATUS LEGAL REGULATION BEING PREPARED

In the ongoing work, it is planned to handle the amendments to be made to the Turkish Penal Code, the Anti-Terror Law, and relevant legislation within the scope of a special law.

In the study prepared based on the National Solidarity, Brotherhood, and Democracy Commission report, a “4-category legal regulation” model and steps based on social consensus are taken as a basis.

In the draft, organization members are evaluated in four separate groups: “those involved in crimes,” “those not involved in crimes,” “those wanted,” and “those in prison.” It is aimed to create a special “code law” to manage the legal process with a standalone law that will be prepared as a temporary measure.

TYPE OF CRIME WILL BE THE BASIS FOR LEGAL EVALUATION

According to the draft, the law will have the character of a “code law” containing temporary and limited exceptions, determining the legal framework to be applied to organization members who lay down arms, their leaders, and individuals considered to have aided and abetted them.

In the prepared study, it is envisioned that the legal status of organization members will be evaluated individually according to the nature of the crimes they have committed. Accordingly, it is stated that practices such as sentence reduction, probation, or conditional release may come to the agenda in some cases.