Provisions of “Law on Strengthening National Solidarity and Social Integration”

The provisions of the framework bill, titled the “Law on Strengthening National Solidarity and Social Integration,” signed by the DEM Party and submitted to the Turkish Parliament, have been unveiled. The bill contains 12 articles, as follows:

The bill consists of 12 articles and was drafted to verify the dissolution of the organizational structures of the Kurdistan Workers' Party (PKK), the Kurdistan Communities Union (KCK), and all affiliated organizations, as well as to identify and verify all weapons and ammunition under their control.

The framework bill was drafted with the aim of verifying the dissolution of the organizational structures of the Kurdistan Workers' Party (PKK), the Kurdistan Communities Union (KCK), and all affiliated organizations, as well as identifying and verifying all weapons and ammunition under their control.

“- Verification and Certification:

Security agencies will verify that all organizational structures and armed units have been dismantled and have laid down their weapons. The verification must then be approved by Turkey's National Security Council (MGK).

- Scope:

The bill covers offenses related to establishing, leading, or joining a terrorist organization, knowingly assisting or inciting such an organization, conducting propaganda on its behalf, crimes committed within the organization's activities or in its name, and offenses under Law No. 6415 on the Prevention of the Financing of Terrorism.

- Excluded Crimes:

Premeditated murder committed within the organization's activities is excluded from the bill. Investigations and prosecutions concerning crimes committed before June 1, 2005, that carry life imprisonment or aggravated life imprisonment are also excluded.

Investigations and Trials:

Competent judicial authorities handling ongoing investigations and trials will determine whether individuals qualify under the bill. Applications may be submitted to the relevant public prosecutor's offices or institutions designated by the responsible commission.

Suspension of Investigations and Trials:

Investigations and trials will be suspended for five years for offenses carrying prison sentences of up to 15 years.

Proceedings will be suspended for 10 years for offenses punishable by more than 15 years in prison, life imprisonment, or aggravated life imprisonment.

Individuals can apply appeals and objections against the decision within two weeks.

- Detention and Judicial Supervision:

If the conditions for suspending an investigation or trial are met, pretrial detention and judicial supervision measures imposed on the individual will be lifted.

- Cases Before Appeal Courts:

Cases under appeal will not be dismissed immediately. Instead, the trial court will suspend the proceedings. If no new offense is committed during the suspension period, the case will be dropped or prosecution will be terminated.

Suspension of Sentences:

Prison sentences totaling 15 years or less will be suspended for five years.

Sentences exceeding 15 years, as well as life imprisonment and aggravated life imprisonment, will be suspended for 10 years by order of the enforcement judge, with the right to appeal preserved.

If no new offense is committed during the suspension period, the sentence will be considered fully served.

- Statute of Limitations:

Limitation periods for prosecutions or sentences will not run during the suspension period.

- Loss of Rights:

The commission will periodically review suspension decisions and may request the competent court or enforcement judge to remove restrictions on civil rights resulting from investigations, trials, or convictions.

Such requests may be made after two years for five-year suspensions and three years for 10-year suspensions.

- Monitoring, Coordination, and Implementation:

A committee chaired by the Vice President of Turkey will oversee implementation. It will include the ministers of justice, foreign affairs, interior, and national defense, the secretary-general of the presidency, the head of the National Intelligence Organization (MIT), and the secretary-general of the National Security Council.

The Presidency's Secretariat-General will coordinate the committee's work.

A 17-member parliamentary monitoring council will also be established within the Turkish Grand National Assembly (TBMM) to oversee implementation of the law.

- Disarmament:

A special directive on the registration and surrender of weapons will be prepared jointly by the Ministry of National Defense and the Ministry of Interior in consultation with the security authorities.

Application Deadline:

Following publication of the National Security Council's decision in the Official Gazette, eligible individuals must submit a written application within six months to benefit from the law.”

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ANHA