Will individual applications be restricted in the 8th judicial package? That commission will handle them now!

Minister of Justice Yılmaz Tunç has announced that the 8th judicial package will be submitted to the Turkish Grand National Assembly (TBMM) by the end of February, and the details have begun to emerge. 

The package includes provisions for "removing conciliation for insult crimes," "ensuring that someone sentenced to two years spends at least five months in prison," and restricting individual applications to the Constitutional Court (AYM), which has been a target of the government following the Can Atalay ruling.

"COMPENSATION COMMISSION DETAIL"

With a temporary regulation, applications pending before the AYM as of March 9, 2023, based on the violation of the right to be tried within a reasonable time, were transferred to the Ministry of Justice Human Rights Compensation Commission. According to a report by Selda Güneysu from Cumhuriyet, this regulation will be made permanent in the 8th Judicial Package. Accordingly, applications regarding loss of rights arising from "exceeding the reasonable trial period" will be made to the "Compensation Commission" at the Ministry of Justice instead of the AYM. An individual application to the AYM will only be possible if the commission makes an adverse decision.

PRISON CAPACITY

Minister of Justice Tunç had announced that the package would include a regulation where someone sentenced to two years would "spend at least five months in prison" in order to "eliminate the perception of impunity in society," thereby "introducing probation proportional to the sentence." 

However, it is being voiced that this situation could also "create problems" in terms of current prison conditions. Noting that the number of inmates in prisons is "quite high," comments are being made that "If everyone enters prison for at least 5 months with this regulation, the current capacity of the prisons will be exceeded."

"CONCILIATION" IS BEING REMOVED

It is stated that another regulation in the 8th judicial package is "aimed at removing conciliation for insult crimes." According to Article 253 of the current Criminal Procedure Code, crimes that are subject to complaint for investigation and prosecution are covered by "conciliation." Insult crimes are also evaluated within this scope. However, the crime of insulting a public official due to their duty and the crime of insulting the president are not considered crimes within the scope of conciliation. The government aims to remove "conciliation" for insult crimes with a regulation to be included in the new package.