New execution law push from MHP: 'Patchwork quilt' comparison

Using a photo taken with deputies representing the MHP in the National Solidarity, Fraternity and Democracy Commission, MHP's Yıldız stated in his social media post, "A new execution law is essential."

In his post, Yıldız said, "In the coming days, the words we will hear most will be execution and execution law. As we have always said, we must rebuild the execution law, which has turned into a patchwork quilt," and added the following:

"WE MUST REBUILD IT FROM SCRATCH"

While taking steps that embrace the entire society and expand the sphere of fundamental rights and freedoms, we must construct a new language.

The purpose of punishment is to protect society from crime.

The purpose of rehabilitation is to prevent the convict or detainee from committing crimes again.

These two purposes are evaluated together to reach a reasonable conclusion.

I felt the need to remind everyone of the basic principles of execution.

As is known, the rules regarding the execution of penalties and security measures are applied without discrimination based on race, language, religion, sect, nationality, color, gender, birth, philosophical belief, national or social origin, or political or other opinions or thoughts, or economic power and other social positions, and without granting privileges to anyone.

Cruel, inhuman, degrading, or humiliating treatment cannot be used in the execution of penalties and security measures.

In these days when the number of convicts and detainees has exceeded 420 thousand, if we want to define detention, we can say the following briefly.

It is the restriction of the liberty of the suspect or defendant as a measure for the integrity of the trial process and for the revelation of the material truth beyond any doubt.

In catalog crimes, the existence of strong suspicion of crime and concrete evidence is a reason for arrest.

Some political parties opposed it, but with the judicial reforms made, a vertical appeal path for arrests was opened.

Although arrest is a severe measure, it does not, as a rule, eliminate the presumption of innocence.

It is self-evident that arrest is a tool, and that it is temporary and proportionate.

Many reforms have been signed on the basis of legislation and practice regarding the right to liberty and security, but we still have work to do.

Execution law begins where criminal proceedings end.

In the coming days, the words we will hear most will be execution and execution law.

As we have always said, we must rebuild the execution law, which has turned into a patchwork quilt.

The application of different mechanisms within the execution system on the same individuals has made the system complex and reduced trust.

"THE REGULATION BROUGHT PROBLEMS WITH IT"

Our duty should be to create an execution law that is not complex, is quite simple and understandable for practitioners such as judges, prosecutors, and lawyers, as well as for the convicts, that considers the rehabilitative functions of punishment, ensures equality and justice in execution, and will not need to be changed later.

The regulation regarding the date of July 31, 2023, has brought many problems in practice.

Even though the dates of the crimes are the same, due to decisions made on different dates by the Court of Cassation, the appellate courts, and the courts of first instance, it has caused different execution regimes to be applied in a way that is contrary to the principle of equality in the constitution, despite the crime dates being the same.

A great injustice is being experienced.

"IT IS CLEAR THAT A REGULATION IS NEEDED"

The main purpose of execution law is to remove convicted criminals from society for a period according to the determined amount of punishment, and in this way, to protect society against crime and criminals, to prevent convicts from committing crimes again, and to encourage their reintegration into society and ensure they become sensitive to the laws.

In many countries of the world, a portion of the prison sentences that convicts are sentenced to is served in penal institutions, and the remaining part is executed outside of penal institutions in order to help them adapt to society.

This institution, described as conditional release or parole, is applied with different conditions and durations according to the penal and execution policies of countries.

For example, in England, Finland, Italy, and Poland, as a rule, half of the prison sentences are served in penal institutions, while this rate drops to one-third in Belgium.

In our country, as a rule, half of the prison sentences, and for some crimes, two-thirds or three-quarters, are served in penal institutions.

It is clear that a regulation is needed."

News Source: 12punto