Breaking News... Details of the framework law emerge: The latest on legal regulations!
The details of the framework bill titled 'Strengthening National Solidarity and Social Integration' have come to light. The purpose of the proposal is to determine the legal regulations for the disarmament and surrender processes of terrorist organizations.
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The details of the new legislative proposal, expected to be submitted to the Grand National Assembly of Turkey today and known in the public eye as the "framework law," have begun to clarify. The legislative proposal is prepared within the scope of the government's "Terror-Free Turkey" goal and details the complete disarmament of terrorist organizations, as well as the oversight and monitoring mechanisms related to this.
The 12-article proposal mandates that the disarmament of organizations be officially determined with the approval of security forces and the National Security Council. The scope includes the PKK/KCK terrorist organization and all its affiliated structures.
In the prepared text, membership in an organization, leadership, knowingly and willingly assisting the organization, and propaganda activities will be evaluated within the scope of the law. Furthermore, crimes committed under the Law No. 6415 on the Prevention of the Financing of Terrorism are also included in the content of the proposal.
However, intentional homicide and crimes committed before June 1, 2005, that require life imprisonment or aggravated life imprisonment are excluded from these regulations. Ongoing investigations and trials related to these crimes are left outside the scope of the framework law.
Those wishing to benefit from the law will be able to apply to the chief public prosecutor's offices where they are located or to institutions authorized by the Board. The evaluation of the applications will be carried out by the authorities already conducting the ongoing investigations and prosecutions.
For crimes requiring a maximum sentence of 15 years or less in investigations and prosecutions, a deferral decision can be made for 5 years, and for crimes exceeding 15 years or requiring life imprisonment, a deferral can be made for 10 years. It will be possible to appeal decisions regarding these periods within two weeks.
In files where a deferral is decided, measures such as arrest or judicial control will be lifted if conditions are met. In files where the trial is ongoing in a higher court, the case will be sent back to the court of first instance through a reversal, and the deferral provisions will be applied. If no new crime is committed during the determined period, the case will be dropped or it will be ruled that there is no need to open a public lawsuit.
For sentences already handed down, a similar path for deferral will be open for 5 years for those of 15 years or less, and for 10 years for higher and life sentences, and the right to appeal can be exercised during this process. If the given period passes without issue, the sentence will be considered served.
Statute of limitations for lawsuits and sentences will not run during the deferral periods. Additionally, the status of deprivation of rights will be evaluated periodically by the relevant board. If a need arises, an application can be made to the court for the restoration of rights, but for this, a period of 2 years must have been completed in a 5-year deferral, and 3 years in a 10-year deferral.
The board responsible for the implementation of the law will consist of the Vice President, the Ministers of Justice, Foreign Affairs, Interior, and National Defense, the Secretary General of the Presidency, the Head of the MIT, and the Secretary General of the NSC. The task of monitoring and coordination will rest with the Secretariat General of the Presidency. Additionally, a 17-member monitoring commission will be established in the TBMM.
The circular regarding disarmament and surrender procedures will be prepared jointly by the Ministry of National Defense and the Ministry of Interior, together with the opinions of security institutions.