Remarkable statement from MHP regarding arrests: 'Execution can be carried out after treatment'
MHP Deputy Chairman Feti Yıldız described the allegations that 'enemy criminal law is being applied to detainees' as a 'vile slander.' In his statement, Yıldız wrote, 'There is no enemy criminal law in Turkey. The right to treatment for detainees whose lives are in danger is a legal obligation. The right to life is above all other rights.'
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Yıldız made evaluations regarding arrest measures in criminal proceedings. In a post shared on social media, Yıldız stated, 'If the principle of proportionality is maintained and there is no absolute necessity, other measures should be considered instead of arrest.'
Yıldız's statement pointed out that criminal procedure is a long process aimed at uncovering the material truth. The following views were included in the post:
''Criminal procedure is a long and narrow path where the questions of whether the act subject to the crime was committed, if so, who the perpetrator is, and what the link between the perpetrator and the act is, are answered in a way that leaves no room for doubt, and where the aim is to reach the material truth by determining which sanction is appropriate for the act.
The terms we have heard most in recent months are 'presumption of innocence and enemy criminal law.' According to Article 38/4 of the Constitution, no one shall be considered guilty until their guilt is proven by a court judgment. The regulation in question expresses a presumption. A presumption is actually foreign to Criminal Procedure. The principle that does not contradict criminal procedure is the principle that the defendant benefits from doubt.
''THERE IS NO ENEMY CRIMINAL LAW IN TURKEY''
To what extent most protective measures, especially restricting freedom for the purpose of public interest, and the protective measure of arrest are compatible with the presumption of innocence is actually a subject of academic debate. If the principle of 'proportionality' is not being trampled upon in criminal proceedings, and there is no absolute necessity, other measures should be considered instead of arrest.
The claim that 'Enemy Criminal Law is applied to detainees' consists of nothing but a vile slander. There is no enemy criminal law in Turkey. While we are at it, let us state it once again. It is a legal obligation to provide treatment to a detainee whose life is in danger. Execution can be carried out later. The right to life comes before all rights. Happy Holidays.''