Imrali process report in Parliament: Does the final report include the right to hope?

The final report prepared regarding the Imrali Process, one of the most critical items on the agenda, is being discussed in the Grand National Assembly of Turkey. The report, which covers proposals for legal and administrative regulations, has been taken up by the National Solidarity, Brotherhood, and Democracy Commission established under the roof of the TBMM.

THE COMMISSION MET UNDER THE CHAIRPERSONSHIP OF NUMAN KURTULMUŞ

The National Solidarity, Brotherhood, and Democracy Commission met at 11:00 under the chairpersonship of TBMM Speaker Numan Kurtulmuş. It was stated that the report, which consists of approximately 60 pages, contains the roadmap for the Imrali Process and the administrative and legal regulations planned to be implemented.

QUALIFIED MAJORITY REQUIREMENT CREATED DEBATE

Whether a qualified majority is required for the adoption of the legislative proposals in the commission became a subject of debate. It was recalled that at least 31 "yes" votes are required for the adoption of the report in the 51-member commission.

While the CHP argued that a qualified majority is required for the adoption of the report, the AKP side assessed that "This is not a legislative proposal, therefore a qualified majority is not mandatory." The uncertainty regarding the method by which the report will be approved turned into a crisis topic in the commission.

TBMM Speaker Numan Kurtulmuş stated in his speech at the meeting that the report was completed with a conclusion and evaluation section, and that five annexes were added to the main report. Kurtulmuş stated that the commission members, working procedures and principles, and meeting minutes would also be included in the report annexes.

Emphasizing that the work of the National Solidarity, Brotherhood, and Democracy Commission is being carried out within the representative power and democratic legitimacy of the TBMM, Kurtulmuş expressed that the goal is to strengthen social peace, unity, and national solidarity. Stating that a historical period has been entered regarding the issue of terrorism, Kurtulmuş noted that the Parliament has taken on its responsibility in this process.

In the speech, it was stated that terrorism has consumed Turkey's resources for years, weakened social ties, and confined politics to a security-centered sphere. It was also pointed out that regional and global developments have created a ground where terrorist organizations are used as tools in proxy wars.

WHICH CHAPTERS DOES THE REPORT CONTAIN?

Numan Kurtulmuş shared details regarding the report prepared by the process commission. Accordingly, the report consists of the following headings: 'Commission Work', 'Basic Goals of the Commission', 'Historical Roots of Turkish-Kurdish Brotherhood and the Law of Brotherhood', 'Areas of Consensus of Persons Heard in the Commission', 'PKK Dissolving Itself and Laying Down Arms', 'Proposals for Legal Regulations Regarding the Process', and 'Proposals Regarding Democratization'.

THE HIGHLIGHTS IN THE REPORT ARE AS FOLLOWS:

"THERE SHOULD BE NO PERCEPTION OF AMNESTY AND IMPUNITY"

In order to ensure the strengthening of social integration, there is a need for a specific, independent, and temporary legal regulation that will manage the process and its aftermath along with the laying down of arms. It is recommended that the independent law to be handled along with the process of laying down arms be inclusive enough to completely eliminate the consequences of the process and strengthen the ground for democratic politics. The law should aim to reintegrate individuals who reject arms and violence into society, to permanently end arms and violence, and to move the issue entirely to a legal and political ground.

"REINTEGRATION OF ORGANIZATION MEMBERS INTO SOCIETY MUST BE ENSURED"

In this direction, the law should not only be aimed at determining and establishing the legal status of organization members after they lay down their arms. The law should also aim for the fair, safe, and healthy integration of the relevant persons into society. The law should observe public conscience and social sensitivities, and its scope should be clear, holistic, and understandable, not open to expansion through interpretation. Along with the specified independent temporary law, it is evaluated that a regulation to be prepared by utilizing the provisions in criminal and execution law can be used to take action regarding the persons in question, and that a judicial process must be carried out regarding the relevant persons. Legal regulations should not create a perception of impunity and amnesty in society.

Regulations regarding trial and execution

It is recommended that the execution legislation be reconsidered on a basis that takes execution justice as a foundation in the context of the European Court of Human Rights (ECHR) and Constitutional Court (AYM) jurisprudence and the international conventions to which we are a party. In particular, the execution processes of prisoners, including conditional release conditions and execution periods, should be considered with a fairer, more egalitarian, and more holistic approach within the scope of the universal principles of criminal law. For sick and elderly convicts, the institution of execution postponement should be evaluated, taking into account the fact that the right to life is above every other right. The structure and decision-making processes of prison administration and observation boards should be reviewed by identifying malfunctions in practice. Within the framework of universal principles of law and in line with the established jurisprudence of the ECHR and the AYM, care should be taken to make trial without arrest the basis. Legislation should be reviewed in accordance with the principle that arrest is an exception, adhering to the conditions of arrest in the law.

ECHR and AYM decisions—According to our Constitution, there is no doubt that AYM decisions bind the legislative, executive, and judicial organs, administrative authorities, and other persons and organizations. The execution rate of ECHR decisions, for which Turkey has accepted compulsory jurisdiction, is approximately 90 percent, while the execution rate of decisions by Council of Europe member countries is approximately 80 percent. Despite this high rate, the importance of full compliance with ECHR and AYM decisions in reinforcing the Republic of Turkey's quality as a state of law is also clear. Mechanisms that will ensure full compliance with ECHR and AYM decisions should be strengthened, and effective new mechanisms should also be created. It is recommended that obstacles arising from the actions of the administration and the functioning of the judiciary in complying with ECHR and AYM decisions be removed.

PROPOSAL REGARDING THE APPOINTMENT OF TRUSTEES

In order to strengthen the ground for democratic politics, it is possible to organize the administrative system in a more democratic way with higher legal standards. It is recommended that the legislation be regulated so that if a mayor is removed from office for reasons stated in the law, an election is held only by the municipal council.

FUNDAMENTAL RIGHTS AND FREEDOMS

Legislation should be reviewed with the goal of removing obstacles to the full and complete exercise of fundamental rights and freedoms, which are innate, inviolable, and inalienable, and are an indispensable part of human dignity. It is recommended that the Law on Meetings and Demonstration Marches be reorganized in a way that expands rights and freedoms and preserves the essence of the right. While continuing the effective fight against calls for violence, hate speech, and terrorist propaganda, laws related to the press and broadcasting should be reviewed with the aim of observing and ensuring that all kinds of criticism, objections, and demands that remain within legal boundaries are protected as an inseparable part of democratic life. The Human Rights and Equality Institution of Turkey should be restructured in a way that increases its effectiveness. It is recommended that the Turkish Penal Code, the Anti-Terror Law, and related legislation be reorganized in a way that strengthens freedom of expression within the framework of the principle of legal certainty. It is recommended that the Law on Political Parties, new election laws, and the Law on Political Ethics be prepared in line with the principles of transparency, democratic participation, intra-party democracy, pluralism, and justice in representation.

VOTING METHOD REMAINS UNCERTAIN

Although the report contains proposals for legal regulations, clarity regarding the method of adoption could not be achieved. CHP Group Deputy Chairman Murat Emir emphasized that a qualified majority is required according to the commission directive. AKP sources, on the other hand, argued that a simple majority would be sufficient on the grounds that the report is not a legislative proposal.

If this approach is accepted, it is stated that the report could be approved with the votes of the People's Alliance (Cumhur İttifakı). It was reported that the MHP stated that this meeting was the last meeting of the commission.

STATEMENT FROM MHP BEFORE THE MEETING

Before the meeting, MHP Deputy Chairman Feti Yıldız announced in a post on his social media account that the commission would hold its final meeting. Yıldız stated that the framework report regarding the administrative and legal regulations prepared in line with the goal of a "Terror-Free Turkey" would be presented to the members.

Yıldız also expressed that the common opinion formed throughout the meetings was that the fight against terrorism should not be limited only to security measures.

CHP'S EMPHASIS ON QUALIFIED MAJORITY

In the statements made by the CHP side, attention was drawn to the working procedures and principles of the commission. In his social media post, Murat Emir stated that a qualified majority is mandatory for the adoption of the report in accordance with Article 6 of the commission directive.

The commission consists of 51 members. At least 31 members must vote "yes" for the report to be adopted. There are 22 AKP, 11 CHP, 5 DEM Party, 4 MHP, and 3 New Way Group members in the commission. HÜDA-PAR, New Welfare Party (Yeniden Refah), TİP, EMEP, and DSP also have one representative each in the commission.