A bill on strengthening national solidarity and social cohesion, prepared as part of the Terror-Free Türkiye process, was adopted by the Justice Committee of the Turkish parliament.
The bill aims to determine the procedures for suspending ongoing investigations and prosecutions, the enforcement of convictions and other related proceedings following security authorities’ determination that the PKK/KCK terrorist organization and all formations linked to it have ended their de facto existence and surrendered all weapons and ammunition under their control, as well as for the publication in the Official Gazette of a National Security Council (MGK) decision confirming this determination.
The regulation will cover the offences of establishing or leading the PKK/KCK terrorist organisation, membership in the organisation, knowingly and willingly assisting it, and making propaganda for the organisation, as well as crimes committed as part of the organisation’s activities and offences regulated under the Law on the Prevention of the Financing of Terrorism that are committed in favour of the organisation.
Under the bill, 'organisation' refers to the PKK/KCK terrorist organisation and all formations linked to it, while the Board refers to the board to be established under the relevant provision of the regulation.
According to the bill, provided that security authorities determine that the organisation has ended its de facto existence and surrendered all weapons and ammunition under its control, and an MGK decision confirming this determination is published in the Official Gazette, investigations and prosecutions concerning offences covered by the bill and punishable by a maximum sentence of 15 years or less will be suspended for five years.
Investigations and prosecutions concerning offences punishable by more than 15 years in prison, life imprisonment or aggravated life imprisonment will be suspended for 10 years.
The suspension will not apply to investigations and prosecutions involving intentional homicide committed as part of the organisation’s activities, or to offences committed before June 1, 2005, that carry life imprisonment or aggravated life imprisonment.
The statute of limitations for criminal proceedings will not run during the suspension period.
Case files and evidence that may be used to prove the offences will be preserved throughout the suspension period, beginning from the date the suspension decision is issued.
A decision to liquidate property and assets subject to confiscation will be issued together with the suspension decision, and such assets will be registered as revenue for the Treasury.
The decision will be notified to those entitled to seek legal remedies.
It will also specify the right to appeal or object, the applicable deadline and the relevant authority.
Those entitled to seek legal remedies against decisions issued by a public prosecutor under this provision may apply to a criminal judgeship of peace within two weeks.
Decisions issued by a court to suspend a prosecution under the provision may likewise be challenged within two weeks.
Investigations launched after the publication of the MGK decision in the Official Gazette, concerning offences covered by the regulation but committed before its publication, will require authorisation from the Board.
Protective measures involving detention and judicial control imposed in connection with offences subject to suspension will be reviewed by the competent judge or court at the stage of the investigation or prosecution, as well as by the relevant criminal chamber of a regional appeals court or the Court of Cassation. Where the necessary conditions are met, these measures will be lifted.
Cases concerning offences subject to suspension that are under appellate or cassation review will be overturned.
