A legal assessment of the 'Framework Law'

One of the most significant steps regarding the legal dimension of the process recently conducted in Turkey was the adoption of the Law on Strengthening National Solidarity and Social Integration, publicly referred to as the "Framework Law," by the Grand National Assembly of Turkey. The regulation, consisting of 12 articles, was accepted in the General Assembly and enacted on August 10, 2026. The fundamental characteristic of the law is that it does not merely produce consequences regarding specific crimes, but rather conditions the implementation of these consequences upon the realization of certain circumstances.

The purpose of the law is to determine the procedures regarding investigations, prosecutions, and the execution of conviction judgments to be carried out after security institutions determine that the PKK/KCK terrorist organization has ended its de facto existence and surrendered the weapons and ammunition under its control, and after this determination is confirmed by a decision of the National Security Council (MGK). Therefore, the first point to note regarding the implementation of the regulation is that the legal consequences envisioned by the law do not arise automatically. First, the conditions specified in the law must be met, and the relevant MGK decision must be published in the Official Gazette.

Which crimes does the law cover?

The scope of the regulation is defined in the first article of the law. Accordingly, the crimes of establishing or managing the PKK/KCK terrorist organization, being a member of the organization, knowingly and willingly aiding the organization, and engaging in propaganda for the organization, as well as crimes committed within the scope of the organization's activities and crimes committed in favor of the organization under the Law on the Prevention of Financing of Terrorism, are included within the scope of the regulation.

However, the law does not envision the same outcome for every crime within its scope. Different durations have been determined by taking into account the upper limit of the penalty required by the crime and the nature of the crime. In this respect, at the center of the regulation lies a system created based on the legal nature of the crime and the severity of its sanction, rather than the type of crime.

Intentional killing crimes committed within the framework of organizational activities, as well as crimes committed before June 1, 2005, that require life imprisonment or aggravated life imprisonment, have been excluded from the regulation. Thus, the law has introduced clear exceptions for certain crimes while defining its scope.

Regulation regarding investigations and prosecutions

One of the notable provisions of the law is the regulation regarding the suspension of investigations and prosecutions for certain crimes. Accordingly, investigations and prosecutions for crimes within the scope of the law that require a prison sentence with an upper limit of 15 years or less will be suspended for five years, and for crimes requiring a prison sentence of more than 15 years, or life imprisonment or aggravated life imprisonment, they will be suspended for ten years.

It is necessary to underline the concept of "suspension" here. The law does not envision the direct elimination of the investigation or prosecution at the first stage, but rather its suspension for a certain period. During this period, the statute of limitations for the case will not run. Files and evidence used to prove the crime will also be preserved during the suspension period.

Another feature of the regulation is that these decisions are subject to review. Objections can be made to the suspension decisions given by the public prosecutor to the criminal judgeship of peace within two weeks; and to the decisions regarding the suspension of prosecution given by the court, also within two weeks.

What will happen regarding conviction judgments?

The law envisions a special mechanism not only for ongoing investigations and prosecutions but also for the execution of finalized conviction judgments. The suspension period for execution for crimes within the scope of the regulation that require a prison sentence with an upper limit of 15 years or less has been set at five years; and for crimes requiring more severe sanctions, at ten years. If these periods are passed without committing a new crime, the sentence imposed will be considered executed. Thus, the law's system envisions a result conditional upon not committing a new crime for a certain period. In other words, the consequences of the regulation are tied not only to the act committed in the past but also to the legal situation during the suspension period.

Who will monitor the implementation of the regulation?

The law does not establish a system that envisions the implementation being carried out solely by judicial authorities. Following the publication of the law, it is envisioned that a board will be formed, chaired by the Vice President, consisting of the Ministers of Justice, Foreign Affairs, Interior, and National Defense, as well as the Secretary General of the Presidency, the Head of the National Intelligence Organization, and the Secretary General of the National Security Council. This board will monitor and evaluate the implementation of the process; if deemed necessary, it will be able to invite representatives of relevant institutions and other individuals to its work. Furthermore, the regulation includes provisions for the regular informing of the Grand National Assembly of Turkey and the establishment of a Monitoring Commission by the Speaker of the Assembly to follow the process.

Therefore, the law establishes an administrative and institutional monitoring mechanism in addition to judicial processes.

Is this regulation an amnesty?

One of the most frequently raised legal questions regarding the Framework Law is whether the regulation constitutes an "amnesty." However, when looking at the systematics of the law, it is seen that instead of a general amnesty in the classical sense, a legal mechanism that envisions special consequences for specific crimes and specific individuals has been established. The law regulates the suspension of investigation, prosecution, and execution processes for certain periods for crimes within its scope; and the emergence of different legal consequences if these periods are passed in accordance with the conditions. For this reason, when evaluating the legal nature of the law, concepts such as suspension, execution, and the legal consequences of the sentence must be addressed together with the concept of "amnesty."

In conclusion, the Framework Law is a special regulation that predetermines the legal consequences expected to emerge after a certain process. For the law to be applicable, the envisioned conditions must be met, the MGK decision must be published in the Official Gazette, and the procedures specified in the law must then be put into operation. In this respect, the true scope and legal consequences of the regulation will become clearer not only by reading the text of the law but also with the implementation of the envisioned mechanism.

Legal nature and limits of the regulation

Another issue that needs to be emphasized regarding the legal nature of the regulation is the relationship between the concepts used in the law and the resulting legal consequences. The fact that a regulation is not called an "amnesty" does not by itself determine whether it is legally an amnesty. In the established approach of the Constitutional Court, it is accepted that rather than what a law is called, the change it brings about in the legal status of individuals should be taken as the basis. For this reason, regarding the Framework Law, it is necessary to go beyond the concept of "suspension" and evaluate the actual effect of the regulation on investigations, prosecutions, and finalized convictions. In particular, the fact that the sentence is considered executed at the end of a certain period raises the question of whether the regulation produces more comprehensive consequences than a classical suspension mechanism.

Another dimension of the regulation arises in terms of the principle of equality. Article 10 of the Constitution sees the subjection of individuals in the same legal situation to different rules as possible only if it is based on an objective and reasonable basis. The Framework Law, on the other hand, envisions a special legal regime for crimes linked to the activities of a specific organization. This situation necessitates a comparison of the legal consequences that arise when the same type of crime is committed under different conditions. The issue here is not whether the regulation can be aimed at a specific purpose, but whether the different treatment introduced is based on a sufficient and reasonable ground in terms of the Constitution's principle of equality. Therefore, the scope of application of the regulation is a candidate to be one of the topics that can be debated in terms of constitutional review in the coming period.

Besides this, the effect of the regulation directly on victims should not be ignored. Not all crimes committed within the scope of organizational activity consist of acts directed against the security of the state or public order. In some crimes, the life, physical integrity, freedom, or property of specific individuals can be directly harmed. For this reason, while creating a special regime regarding criminal justice, not only the legal position of the perpetrator and the state but also the access to justice of the person harmed by the crime and their position in the judicial process should be taken into account. This issue necessitates the separate evaluation of victim rights at all stages, from the determination of the scope of the regulation to its implementation.

Finally, it is important that the limits of the powers of the administrative and institutional structures that will take part in the implementation of the law be clearly defined. Which authority has the power to make decisions regarding criminal investigation and prosecution, on which issues an administrative board can make evaluations, and whether these evaluations carry any binding force for judicial authorities must be set out in a clear and predictable manner. Because the principle of legality in criminal law requires not only that crimes and penalties be determined by law, but also that it be as certain as possible by which procedure and by which authority individuals will be subjected to a judicial process. For this reason, the implementation process of the Framework Law will be important not only in terms of the objectives of the regulation but also in terms of how the limits of authority and duty will be interpreted.

Attorney Deniz Ali İlkem Demir