Releases on the horizon: AKP prepares 'standalone' law for new resolution process
As part of the new resolution process, the AKP is preparing a "standalone law" specific to the process following the potential dissolution of the PKK terrorist organization. If the bill is enacted, many DEM Party members currently in prison for charges of membership in an organization and propaganda could be released.
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The 'National Solidarity, Brotherhood and Democracy Commission,' established in the Grand National Assembly of Turkey (TBMM) as part of the new resolution process dubbed a "Terror-Free Turkey," has begun its work. The commission will meet for the third time today at 14:00.
While the public is curious about what will happen in the next stages of the process, it has been alleged that the AKP has begun preparations for a "standalone" law specific to the process.
According to a report by Ceren Bayar from T24, the "Process Law" is planned to be drafted to cover all stages from the return-home process to social integration, and to consolidate various legal regulations under a single umbrella.
AKP sources stated that this is the first time in Turkey that an organization has dissolved itself, that existing laws do not cover this situation, and that the process requires a new legal infrastructure. It is stated that if the draft is enacted, some DEM Party figures currently being tried for membership, aiding and abetting, leadership, and propaganda charges related to the PKK terrorist organization could be released.
THE NECESSITY OF A "STANDALONE" LAW
While there has been a long-standing debate over what the legal steps requested by the DEM Party front will be and who they will cover, suggestions among the options include enacting a new law, applying existing laws within the scope of the process, or amending these laws.
Although the final decision will be made after negotiations in the commission, the AKP is of the opinion that a law specific to the process must be prepared.
LEGAL INFRASTRUCTURE
At the root of this AKP approach lies the fact that a terrorist organization is dissolving itself for the first time in Turkey. Stating that the current provisions of the Turkish Penal Code (TCK) and the Anti-Terror Law (TMK) are insufficient to meet the needs of the process, party sources emphasize that "unique laws for unique processes" are necessary.
Citing the "effective remorse in organizational crimes" article in the TCK as an example, sources recalled the statements by PKK terrorist organization members that they would not make expressions of remorse, and stated that insisting on the application of this article could complicate the process.
WARNING AGAINST THE RISK OF A GENERAL LAW
AKP sources emphasized that if existing laws were applied or a law with a broad scope were enacted, all other organizations, along with the PKK terrorist organization, could benefit from this regulation due to the "equality" principle in the Constitution.
Officials, stating that the PKK is distinguished from other organizations by laying down its arms and dissolving itself, argued that for this reason, special laws should be enacted only for such processes.
The bill will provide a framework that other organizations could also benefit from if they were to dissolve themselves and lay down their arms in a similar manner in the future. In this way, it is stated that the special law model could form the basis of a long-term system aimed at eliminating terrorism.
PRECEDENTS EXIST WORLDWIDE
AKP sources state that laws prepared for such special processes worldwide have also made the results permanent.
NO CHANGES TO TCK AND TMK
The AKP does not plan to make changes to the TCK and TMK as demanded by the DEM Party and some opposition parties. Terrorist organizations that are still active are cited as the reason for this decision.
Within the scope of the prepared bill, it is envisaged that organization members who have been involved in violent acts will be tried for acts such as killing and wounding but will not receive sentences for membership in an organization; those who have never participated in violent acts will not receive any sentences.
Furthermore, it is planned to provide education, psychological support, and vocational training programs to returning terrorist organization members.
WHO WILL BENEFIT?
If the bill is accepted, a large number of politicians, most of whom are from the DEM Party and are currently detained or convicted in prisons for charges of membership in the PKK terrorist organization, propaganda for the organization, and aiding and abetting the organization, could be released.