Proposal for a 'special law' for the reconciliation process from Erdoğan's chief advisor Mehmet Uçum! Is a separate law coming?

The National Solidarity, Brotherhood and Democracy Commission, established in the Grand National Assembly of Turkey (TBMM) as part of the new reconciliation process conducted with the partnership of the AKP, MHP, and DEM Party, has begun its work. The commission has met 5 times so far.

Following the demand for a 'legal regulation' frequently emphasized by the DEM Party front regarding the process, it was alleged that the AKP would prepare a 'standalone law' specific to the process. It was suggested that if the bill were to be enacted, many DEM Party members currently in prison for crimes of membership in an organization and propaganda could be released.

While the AKP and MHP fronts have maintained their silence regarding these allegations, a 'proposal' has come from the Palace. Mehmet Uçum, chief advisor to AKP Chairman and President Recep Tayyip Erdoğan, argued in an article he wrote regarding the reconciliation process that the reconciliation commission should establish a perspective on the law of the transition process.

Uçum, who suggested that instead of making additions to existing laws, enacting a separate and special 'transition process law' suitable for the process would be the most accurate solution, wrote the following:

“THE LAW OF THE TRANSITION PROCESS TO A TERROR-FREE TURKEY!

Need for Legal Regulation!

It is stated that the TBMM National Solidarity, Brotherhood and Democracy Commission should establish a perspective on the law of the transition process. What is meant here is not for the commission to prepare a draft bill, but to set out the fundamental legal policy for a potential bill in a report.

Turkey has experience in this regard with Law No. 6551, which was enacted in 2014. There are other laws in the history of the Republic made specifically for transition periods.

Law No. 6551 on the Termination of Terrorism and the Strengthening of Social Integration was intended to provide the conditions for the dissolution and disarmament of the terrorist organization. Therefore, even if it were renewed, it would not fully fit the concrete need. Today, there is a situation where the organization has dissolved itself and the transition to the disarmament phase is underway with the burning of weapons. Making a new regulation suitable for this situation is a much more correct approach.

It could be argued that the new regulation should be made through amendments and additions to relevant laws. However, making special regulations within general laws creates legal controversy, including in terms of equality. Therefore, enacting a separate and special 'transition process law' suitable for the current situation would be the most accurate solution.

Features of the Transition Process Law!

Social integration towards a Terror-Free Turkey, as well as substantive and procedural criminal law policy, should be developed according to the characteristics of the transition process. Accordingly, the elements of legal policy regarding the law can be listed as follows:

Singularity: Meeting all needs with a single special law separate from relevant general laws, and proceeding by adding to this law if additional norms are needed, is a correct legal policy in many respects.

Temporality: It should be a temporary law that is applied during the transition process and ends when the process is over.

Specificity: The law should be a special law and should only cover individuals who are active and supporting elements of the dissolved terrorist organization. This point should be written as a norm clearly and be beyond debate. The constitutional principle of equality is to apply the same rules to those in the same situation. Different rules can be applied to those in different situations. Therefore, making a special law that takes into account this different situation of the dissolved terrorist organization does not constitute a violation of the principle of equality.

Originality: The content of the law should be based on the originality of the 'Terror-Free Turkey' goal, which is a conflict resolution model unique to Turkey. The unconditional and non-negotiable end of terrorism, the expansion of the democratic space, the end of narrow identity politics, the dominance of country- and society-based politics in every sphere, and the strengthening of democracy are the main characteristics of this model. Original aspects suitable for this character also form the basis of the legal approach.

Inclusivity: The law should contain all matters needed during the transition. In this context, the law of participation and integration into social and economic life, criminal and enforcement law, and social law become the prominent main topics.

Consensus: One of the most important requirements of the transition process is to ensure the broadest or sufficient social and political consensus possible. The commission's work can offer important opportunities regarding consensus.

General Principles!

The general principles regarding the transition process law can be expressed under two headings.

The first is the requirement that the law be regulated in accordance with the Constitution. Pushing approaches that would create unconstitutionality will be fruitless and will harm the transition process.

The second is that compliance with the sensitivities and red lines of the State, the Country, and the Nation should be considered as a fundamental criterion while preparing the transition process law.

Conclusion:

The fundamental nature of the law of transition processes is to regulate the conditions required to successfully complete the transition. In the transition process, it is not general demands and rights that are essential, but the technical and practical legal conditions that will ensure the transition for the individuals within the scope. When the transition process ends, the integration of these individuals into the existing system of rights and obligations takes place. Subsequently, efforts to strengthen national democracy and improve rights and freedoms come to the agenda and are implemented with the consensus to be achieved.