Introduction

Submitted to the Grand National Assembly of Turkey "Draft Law on the Strengthening of National Solidarity and Social Integration", is widely known in the public eye as referred to as the “Terror-Free Turkey Law”. Said bill aims to regulate special legal consequences to be applied, particularly in the event that the PKK/KCK terrorist organization lays down its arms, ceases its organizational activities, and this situation is ascertained by state institutions.

The bill has not been drafted in the classical sense as a general amnesty regulation , but rather as a special criminal law mechanism that provides for the suspension of investigation, prosecution, and the execution processes of final and binding conviction judgments contingent upon the fulfillment of certain conditions.

Criminal Law This regulation, which may entail highly significant consequences in terms of , provides for a new legal process regarding persons under investigation, ongoing criminal lawsuits, final and binding conviction judgments, as well as detention and judicial control measures.

Therefore, questions such as “What is the Terror-Free Turkey Law?”, “Who does it cover?”, “Is it a general amnesty?”, “Will individuals in prison be released?”, and “Is a sentence reduction coming for terrorism offenses?” are being intensively researched by the public.

In this article, the Bill on the Strengthening of National Solidarity and Social Integrationwill be examined from a criminal law perspective, and the scope of the bill, conditions of application, legal consequences, and frequently wondered points will be evaluated in detail.

What is the Bill of Law on the Strengthening of National Solidarity and Social Integration?

the Bill on the Strengthening of National Solidarity and Social Integration, is a special-status bill of law that regulates the legal consequences to be applied in the event that the PKK/KCK terrorist organization and its affiliated structures terminate their de facto presence, surrender their arms and ammunition, and this situation is verified by the relevant security institutions of the state.

The primary objective of the Bill, in a scenario where the activities of the organization have ceased, is to;

determine the procedures and principles regarding the postponement,
for specified periods, of ongoing criminal investigations,
ongoing criminal proceedings,

and the execution of finalized conviction judgments.

For the Bill to be applicable, a unilateral statement by the organization is not sufficient. According to the regulation, primarily;

it must be established that the PKK/KCK terrorist organization has terminated its de facto presence,
all kinds of arms and ammunition under its control have been surrendered,
this matter has been ascertained by the security institutions,
and this determination has been confirmed by a decision of the National Security Council and published in the Official Gazette.

must take place.

Therefore, the implementation of the legislative proposal is not direct and automatic; rather, it is conditioned upon the completion of certain security and administrative processes.

What is the Legal Nature of the Turkey Without Terrorism Law?

One of the most debated issues in the public sphere is the legal nature of this regulation. Various assessments are made, particularly regarding whether it can be characterized as an "amnesty law".

In terms of criminal law, the institutions of general amnesty and special amnesty, as well as the postponement of investigation, prosecution, or execution, produce distinct legal consequences.

What is a General Amnesty?

A general amnesty is an extraordinary regulation that completely eliminates the legal consequences of an alleged crime and ensures that the conviction decision is revoked along with all its consequences.

In the event of a general amnesty;

ongoing trials may be dismissed,
finalized convictions may be eliminated with all their consequences,
certain legal consequences arising from the conviction may come to an end.

Is the Terror-Free Turkey Law a General Amnesty?

When the text of the proposal is examined, it is seen that the regulation is not in the nature of a classical general amnesty is being heard.

Because the proposal;

does not foresee the complete elimination of the crime,
the legal nullification of the conviction,
or the expungement of all penalties.

It does not provide for this.

Instead;

It establishes a specific legal consequence in the form of the suspension of investigations and prosecutions for certain periods,
and the suspension of the execution of conviction judgments for certain periods.

For example, within the scope of the proposal;

for crimes requiring a prison sentence with an upper limit of 15 years or less, investigations and prosecutions are suspended

for a period of 5 years, whereas for crimes requiring a prison sentence of more than 15 years, life imprisonment, or aggravated life imprisonment,,
it regulates specific legal consequences. for a period of 10 years

it is envisaged to be postponed.

Similarly, the execution of final conviction judgments is also regulated to be deferred under certain conditions.

Therefore, when a legal characterization is made regarding the current draft text, it can be said that the regulation establishes a conditional postponement mechanism, and is not a direct general amnesty regulation.

What is the Purpose of the Terror-Free Turkey Law?

The purpose of the regulation is explicitly stated in the first article of the bill.

Accordingly, the purpose is;

the termination of the de facto existence of the PKK/KCK terrorist organization,
the surrender of weapons and ammunition under the control of the organization,
provided that this process is verified by state institutions,

is to determine the special procedures to be applied in terms of criminal law.

There are two distinct legal objectives underlying the Proposal:

1. Termination of Terrorist Activities

Terrorist offenses are offenses of a special nature in terms of state security, the constitutional order, and public security.

Therefore, the proposal is primarily based on the dissolution of the organizational structure and the complete cessation of armed activities.

2. Strengthening Social Integration

The concept of "social integration," which is also included in the title of the Proposal, indicates that the regulation is treated not only in terms of criminal law, but also as a process with social and political consequences.

However, the fundamental point from the perspective of criminal law is that no individual may automatically benefit from the regulation, and the conditions and types of offenses specified within the scope of the proposal must be evaluated separately.

Scope of the Terror-Free Turkey Law: Which Offenses Fall Within the Regulation?

One of the most important sections of the Bill on the Strengthening of National Solidarity and Social Integration is which offenses it covers.

The offenses falling within the scope of the regulation are explicitly stated in the second paragraph of Article 1 of the bill. Accordingly, the provisions of the bill;

Establishing or managing the PKK/KCK terrorist organization,
Being a member of a terrorist organization,
Knowingly and willingly aiding and abetting a terrorist organization,
Making propaganda for a terrorist organization,
Offenses committed within the scope of the organization's activities,
Offenses related to the financing of terrorism,

shall be applicable.

However, the important point here is that not every terrorist offense or every act linked to terrorism is automatically included within the scope of the regulation. The proposal is based on specific offense types and the commission of these offenses within the scope of organizational activities.

Does the Law for a Terror-Free Turkey Include Offenses Within the Scope of TCK Article 314?

In Article 314 of the Turkish Penal Code, armed organization offense has been regulated.

within the scope of TCK 314;

establishing an armed organization,
managing an armed organization,
membership in an armed organization,

acts are penalized.

Many criminal investigations and prosecutions initiated regarding the PKK/KCK structure are conducted under Article 314 of the TCK in practice.

Since the bill explicitly includes the phrases "establishing or managing the organization" and "membership in the organization," it is understood that the regulation has the capacity to cover certain investigations and prosecutions conducted under Article 314 of the TCK.

However, the point that must be taken into consideration here is:

It is not solely sufficient for a person to be tried under Article 314 of the TCK. Additionally;

the offense being within the scope of the bill,
it being accepted that the organization has terminated its de facto existence,
the fulfillment of other statutory conditions,

is required.

Does the Offense of Aiding a Terrorist Organization Fall Within the Scope?

The bill also specifies the act of "knowingly and willingly aiding the organization" within its scope.

The crime of aiding a terrorist organization can be evaluated in connection with the provisions of Article 220 of the Turkish Penal Code (TCK) and the Anti-Terror Law.

The crucial issue regarding this crime is that the assistance must be;

carried out in line with the objectives of the organization,
committed knowingly and willingly by the perpetrator,
is contributing to organizational activities.

For example;

providing financial support to the organization,
providing logistical assistance,
contributing to the continuation of organizational activities,

may be evaluated within the scope of the crime of aiding a terrorist organization, depending on the specific circumstances of the case.

The Bill contains provisions regarding the suspension of certain investigation, prosecution, and execution processes conducted due to these offenses.

Is the Crime of Terrorist Propaganda Within the Scope?

It is clearly stated in the legislative proposal "crimes of making propaganda for the organization" are also considered within the scope.

The crime of making propaganda for a terrorist organization is essentially set forth in Article 7/2 of the Anti-Terror Law No. 3713 is governed by.

Within the scope of this crime:

statements and publications that legitimize the organization's methods,
support the organization's objectives,
or praise the organization's methods involving force, violence, or threat

may entail criminal liability.

Today, particularly:

social media posts,
internet content,
statements on digital platforms,

occupies a significant place in investigations regarding terrorist propaganda.

However, it is accepted that not every political evaluation, criticism, or expression automatically constitutes the crime of propaganda; the content of the specific incident, the expressions used, and the context must be evaluated.

Do Crimes of Terrorist Financing Fall Within the Scope?

Furthermore, Article 1 of the legislative proposal also includes offenses regulated under Law No. 6415 on the Prevention of the Financing of Terrorism, as well.

The crime of financing terrorism;

knowing that they will be used in the realization of terrorist activities,
directly or indirectly,
covers the acts of providing or collecting funds,

comprises such acts.

Regarding this offense, not only the direct provision of money;

provision of assets,
transfer of economic resources,
creation of financial support,

such activities may also be taken into consideration.

Crimes Excluded from the Scope of the Terörsüz Türkiye Law

One of the key points of the bill is that certain crimes are explicitly excluded from its scope.

Particularly, crimes of intentional homicide are subject to a special restriction.

Article 3 of the Bill stipulates:

"The crime of intentional homicide committed within the framework of terrorist organization activities..."

has been excluded from the scope of postponement.

Additionally;

committed before the date of 01.06.2005,
crimes requiring aggravated life imprisonment or life imprisonment,

a special exception has also been provided for.

Similarly, similar exceptions are included in Article 6, which regulates the suspension of the execution of conviction judgments.

Can Intentional Homicide Crimes Benefit from the Terror-Free Turkey Law?

According to the draft text, the application of provisions on suspension is not envisaged for intentional homicide crimes committed within the scope of organizational activities.

This indicates that the regulation does not have an unlimited scope of application regarding all types of terrorism-related crimes.

In particular;

severe violations of the right to life,
acts of homicide committed within the scope of organizational activities,

have been excluded from the regulation.

Who Does the Terror-Free Turkey Law Cover?

When a general assessment is made based on the current draft text, the regulation may concern the following groups:

1. Those Under Investigation for Terrorism Offenses

It is possible to defer the investigation proceedings if the conditions stipulated by law are met.

2. Persons Facing Ongoing Criminal Proceedings

Prosecutions conducted for offenses within the scope may be suspended for certain periods.

3. Persons with a Finalized Conviction

The deferral of execution may come into question under certain conditions.

However, the regulation;

does not automatically cover;
all convicts,
all investigation files,

all terrorism offenders,

Each file's;

legal qualification of the offense,
date of the offense,
penalty amount,
organizational ties,
whether the conditions set forth in the law are met,

must be evaluated separately.

Suspension of Investigations and Prosecutions under the Law on a Terror-Free Türkiye (Article 3)

one of the most significant provisions of the Bill on the Strengthening of National Solidarity and Social Cohesion, concerning the suspension of criminal proceedings for specified periods with respect to individuals under investigation or prosecution is the provision regarding.

Article 3 of the Bill does not directly result in an acquittal or the elimination of the offense; instead, it provides for the temporary stay of the advancement of criminal investigation and prosecution upon the fulfillment of certain conditions.

This regulation constitutes a special legal mechanism in terms of criminal law in the nature of the suspension of the proceedings .

What Are the Requirements for the Postponement of Investigations and Prosecutions?

According to the legislative proposal, certain fundamental conditions must be met simultaneously for investigations or prosecutions to be postponed.

These conditions are as follows:

1. Cessation of the De Facto Presence of the PKK/KCK Terrorist Organization

As the first condition, the proposal stipulates that the de facto existence of the organization must be accepted as having ceased.

Here, a mere political statement or organizational declaration is not sufficient.

According to the legislative proposal, this situation must be:

determined by security institutions,
confirmed by the National Security Council (Milli Güvenlik Kurulu),
published in the Official Gazette (Resmî Gazete).

is required.

Therefore, the application of the regulation is primarily made contingent upon the official assessment to be made by state institutions.

2. Surrender of Weapons and Ammunition

The second important condition set forth in the proposal is the surrender of all kinds of weapons and ammunition under the control of the organization.

The objective of this regulation is to demonstrate not only through organizational statements, but also de facto, that the armed structure has come to an end.

In other words;

the cessation of armed activities,
the elimination of weapon capacity,
the determination that the organizational threat has ended,

is accepted as the fundamental criterion for the application of the law.

Which Investigations and Prosecutions Will Be Postponed?

According to Article 3 of the legislative proposal, investigations and prosecutions conducted for offenses within the scope may be postponed for certain periods.

However, this postponement is not subject to the same duration for all offenses.

Different periods are stipulated in the proposal based on the penalty amount of the offense.

Postponement in Offenses Requiring Imprisonment of 15 Years or Less

According to the legislative proposal;

investigations and prosecutions conducted for offenses carrying an upper limit of imprisonment of 15 years or less may be postponed for a period of 5 years.

In this context, for example;

organized crimes carrying a lower penalty threshold,
acts that may be evaluated within the scope of certain assistance or propaganda,

may be evaluated within the scope of this regulation according to the specific circumstances of the case.

However, it must be reiterated here that not only the amount of the penalty, but also whether the offense falls within the scope of the law will be separately examined.

Suspension of Sentences for Crimes Requiring Imprisonment of More Than 15 Years, Life Imprisonment, and Aggravated Life Imprisonment

The second category of the bill includes more serious crimes.

Accordingly:

crimes requiring imprisonment of more than 15 years,
crimes requiring life imprisonment,
crimes requiring aggravated life imprisonment,

investigations and prosecutions conducted with respect to may be deferred for a period of 10 years.

However, this provision is not unlimited.

In particular;

intentional homicide offenses committed within the scope of organizational activities,
certain heavy offenses specified in the law,

have been excluded from the scope of deferral.

Does the Statute of Limitations for Lawsuits Run During the Deferral Period?

An important provision in the draft law has also been introduced regarding the statute of limitations.

Accordingly:

The statute of limitations for lawsuits shall not run during the deferral period.

The purpose of this provision is to preserve the state's ability to conduct a retrial or investigation at the end of the deferral period.

Under normal circumstances in criminal law, the statute of limitations for a lawsuit may expire upon the elapse of certain periods.

However, the draft bill provides for the suspension of the statute of limitations regarding this specific period.

What Happens to the Evidence in Files Where a Decision of Postponement is Rendered?

Article 3 of the proposed bill also contains provisions regarding the preservation of evidence.

Accordingly:

investigation files,
prosecution files,
evidence serving to prove the crime,

shall be preserved throughout the postponement period.

The purpose of this provision is to ensure the preservation of evidence against the possibility of a reassessment at the end of the postponement period.

What Will Happen to Assets Subject to Confiscation?

The bill also contains specific provisions regarding confiscation.

Accordingly:

regarding property and assets subject to confiscation, a liquidation decision may be rendered along with the postponement decision, and such assets may be recorded as revenue for the Treasury.

The purpose here is to prevent the economic utilization of assets evaluated as being connected to terrorist activities.

Can the Decision of Postponement Be Appealed?

The legislative bill provides for a legal remedy against decisions to suspend proceedings.

Accordingly:

Decisions of Postponement Rendered by the Public Prosecutor

Against decisions to suspend the investigation issued by the public prosecutor;

persons entitled to apply for a legal remedy
within two weeks,

may apply to the criminal judgeship of peace.

Decisions of Postponement Rendered by the Court

Against decisions to suspend rendered by the court during the prosecution stage as well;

within two weeks,
an appeal (objection) remedy may be pursued.

This provision has been introduced to preserve the mechanism of judicial review in criminal proceedings.

Special Provision Regarding Offenses Committed Prior to the MGK Resolution

One of the notable provisions of the bill pertains to offenses committed prior to the resolution of the National Security Council (MGK).

Accordingly:

With respect to offenses committed before the publication of the MGK resolution in the Official Gazette and evaluated within the scope of the law, the conduct of investigations to be initiated after this date is made subject to a special permit.

The aim of this regulation is to ensure that a new legal process concerning offenses evaluated within the scope of the law is conducted in a centralized manner.

The Difference Between Suspension of Investigation/Prosecution and Acquittal

One of the most frequently confused issues in practice is whether a decision of suspension constitutes an acquittal.

These two legal mechanisms are entirely different from one another.

Acquittal Decision

In the case of an acquittal;

it is accepted that the person did not commit the crime,
criminal liability is eliminated,
the case is concluded definitively.

Decision of Postponement

In the case of suspension, however;

the assessment of the offense is not eliminated,
the file is not completely closed,
the lapse of the period specified by law is awaited.

If a new terrorism offense is committed within the suspension period, the proceedings may resume.

Therefore, the system envisaged within the scope of the proposal is not technically an acquittal or amnesty; it is a conditional and special postponement mechanism.

The Status of Detention, Judicial Control Measures, and Files at the Appellate/Appeal Stage under the Law on a Terror-Free Türkiye

Article 4 of the Bill on the Strengthening of National Solidarity and Social Integration, with respect to individuals against whom an investigation or prosecution is being conducted, addresses the legal status of detention, judicial control measures, and files at the regional appellate (istinaf) or court of cassation (temyiz) stage. regulates.

In criminal procedure, detention and judicial control measures are interim protective measures applied before a final conviction has been rendered. Therefore, while the bill provides for the postponement of investigations and prosecutions, it is recognized that ongoing protective measures must also be reassessed.

This provision is of a nature that may produce significant legal consequences, particularly for individuals who have been detained for a long time or who are subject to judicial control measures.

Detention and Judicial Control Measures Will Be Reassessed

Pursuant to Article 4 of the bill;

for offenses for which a decision of postponement will be rendered within the scope of the article, previously applied;

detention orders,
judicial control measures,

will be reassessed.

This assessment shall be conducted by;

the criminal judgeship of peace during the investigation stage,
the competent court during the prosecution stage,
the regional court of appeal during the appellate stage,
the relevant criminal chamber of the Court of Cassation during the appeal stage,

Will the Detention Order Be Lifted Automatically?

The legislative proposal does not provide for the direct and automatic revocation of all detention orders.

According to the regulation;

the relevant judge or court shall evaluate the status of the case file and whether the grounds for detention continue to exist.

In this assessment, particular regard shall be given to;

whether there is a suspicion of flight,
whether the evidence has been gathered to a large extent,
whether the purpose of detention continues due to the suspension of the investigation or prosecution,

will be examined.

The fundamental principle in criminal procedure is that detention is an exceptional measure.

Within the scope of Article 19 of the Constitution and Article 5 of the European Convention on Human Rights, personal liberty is paramount, and detention may only be applied in necessary circumstances.

Therefore, in cases where a decision is made to suspend the investigation or prosecution, it must be separately evaluated whether the detention measure continues to apply.

Status Regarding Judicial Control Measures

The legislative proposal provides for a re-evaluation not only regarding detention but also concerning judicial control measures.

Judicial control;

ban on leaving the country,
obligation to report to designated places,
prohibition of leaving the residence,
prohibition of communicating with certain person or persons,

may include obligations such as.

In the event of the suspension of the investigation or prosecution, it will be evaluated whether there is a legal benefit in the continuation of these measures.

For example;

keeping a person under a foreign travel ban for years, whose file is suspended and who only has a file for the crime of membership in an organization or propaganda, may become controversial in terms of the principle of proportionality.

What Will Happen to Files at the Appeal and Cassation Stages?

Another important regulation in Article 4 of the bill relates to files undergoing legal remedy review.

Accordingly:

regarding the crimes for which a suspension decision will be rendered within the scope of the article;

whose appeal review is ongoing at the regional court of justice,
whose cassation review is ongoing at the Yargıtay,

regarding the files a reversal decision being issued it is envisaged.

What is the Legal Meaning of a Reversal Decision?

In criminal proceedings, a reversal decision means the annulment of the existing judgment as a result of legal review and the remanding of the file to the relevant court for re-evaluation.

The purpose of this provision in the bill is;

to prevent final conviction outcomes in cases evaluated within the scope of the law and to ensure the application of postponement provisions.

In other words;

It is intended to apply special legal provisions before the current decision becomes final in cases pending before the Court of Cassation or Regional Courts of Appeal.

Separate Provision for Final Conviction Decisions

The important distinction in the bill is as follows:

Suspension of investigation and prosecution for cases without a final decision yet,
Postponement of execution for final conviction decisions,

it is envisaged.

Therefore;

"Will all sentences be expunged with the Law for a Terror-Free Turkey?"

question is not legally accurate.

In its current form, the bill;

does not set aside conviction decisions,
does not change the legal qualification of the offense,
does not directly introduce a general amnesty.

Instead, it introduces a special regulation aimed at the suspension of judicial and enforcement proceedings under certain conditions.

Consequences of Reoffending Under the Terror-Free Turkey Law

Article 5 of the draft law regulates the provisions to be applied in the event that individuals who benefit from the suspension commit a crime again.

This regulation is one of the most important safeguards of the system.

Accordingly:

if one of the terrorism offenses is committed within the suspension period;

the decision of suspension rendered shall be revoked,
the investigation or prosecution shall continue,
in the event of a conviction, the execution of the sentence shall be carried out.

What Happens If No New Crime Is Committed During the Suspension Period?

According to the legislative proposal;

if the individual does not commit a new terrorism offense during the suspension period;

at the investigation stage:

decision not to prosecute,

during the prosecution stage:

decision of dismissal,

shall be rendered.

This situation is not an acquittal in the traditional sense, but it ultimately results in the discontinuation of criminal liability.

Does the Terörsüz Türkiye Yasası Affect Criminal Records?

Article 5 of the draft law stipulates that decisions of suspension shall be recorded in a special system.

However, it is stated that these records;

do not constitute a criminal record accessible by the general public,
may only be requested by a public prosecutor, judge, or court in connection with an investigation or prosecution,

have been specified.

Therefore, the legal nature of suspension decisions differs from a traditional conviction record.

Evaluation of the "Terror-Free Turkey" Bill in Terms of Criminal Law

The bill introduces an approach distinct from the traditional crime-punishment system in terms of criminal law.

In the standard system;

a crime is committed → an investigation is conducted → a public lawsuit is filed → a conviction or acquittal is rendered.

With this bill, however;

dissolution of the organization → official determination by the state → suspension of the investigation/prosecution → commission of no new crimes during the specified period → realization of the legal consequence

a special process structured in this manner is envisaged.

In this respect, the bill;

criminal law,
execution of sentences law,
counter-terrorism law,
state security policies,

has the capacity to produce multi-dimensional consequences.

Suspension of the Execution of Conviction Judgments Under the Terror-Free Turkey Law (Article 6)

Article 6 of the Bill on the Strengthening of National Solidarity and Social Integration contains significant regulations regarding individuals who have previously received a final conviction judgment.

Unlike individuals who are currently in the investigation or prosecution stage, this addresses the situation of convicts against whom a final conviction decision has been rendered and the execution of whose sentence is ongoing regulates.

The system set forth in the Bill distinguishes between two different legal situations:

With respect to individuals who do not yet have a final conviction decision, suspension of investigation and prosecution,
With respect to individuals who have a final conviction decision, suspension of the execution of the sentence.

Therefore, Article 6 of the bill is of particular importance for individuals who are currently in prison or who have a final prison sentence against them.

What is the Stay of Execution of a Conviction Judgment?

In criminal law, execution (infaz) refers to the enforcement of a sentence rendered by a court that has become final.

Under normal circumstances;

the conviction decision becomes final,
the convicted person serves their sentence in a penal institution,
they are released in accordance with the conditions specified in the execution legislation.

However, Article 6 of the draft law provides for the suspension of the execution of final sentences for certain periods of time, provided that certain conditions are met.

The point that must be taken into consideration here is as follows:

The stay of execution does not mean the erasure of the sentence or the revocation of the conviction judgment.

It merely halts the enforcement of the sentence for a specified period.

What Are the Conditions for Benefiting from the Stay of Execution?

According to the draft law, the following conditions must first be met for the stay of execution to apply:

1. Determination of the Termination of the Organization's De Facto Existence

As in the postponement of investigation and prosecution, regarding the postponement of execution, it is primarily required that;

it must be established that the PKK/KCK terrorist organization has terminated its de facto presence,
it is determined by security institutions that the weapons and ammunition under their control have been surrendered,

and this determination must be made.

It is also mandatory that this determination is;

confirmed by the National Security Council,
published in the Official Gazette,

and enacted.

Which Sentences Will Be Postponed?

The Proposal does not cover all conviction judgments.

According to the regulation;

The execution of conviction decisions rendered for crimes committed within the scope of the PKK/KCK terrorist organization and specified in Article 1 of the law may be postponed.

However, certain severe crimes have been excluded from the scope.

Crimes Excluded from the Scope

According to the bill, the postponement of execution shall not apply to the following offenses:

1. Crime of Intentional Killing Committed Within the Scope of Organizational Activity

No postponement of execution is provided for intentional homicide offenses committed within the scope of organizational activities.

This regulation aims to provide a separate evaluation regarding severe violations of the right to life.

2. Certain Grave Crimes Committed Before June 1, 2005

The bill additionally sets forth;

for crimes committed before June 1, 2005, and;

life imprisonment,
aggravated life imprisonment,

an exception has also been regulated for offenses requiring such penalties.

Postponement Periods Based on the Duration of the Imprisonment Sentence

The bill provides for two different postponement periods based on the quantum of the sentence.

Those Sentenced to 15 Years or Less of Imprisonment

In total;

the execution of sentences of convicts sentenced to imprisonment of 15 years or less may be postponed for a period of 5 years.

Sentences of Imprisonment Exceeding 15 Years or Life Imprisonment

In total;

prison sentences of more than 15 years,
life imprisonment,
aggravated life imprisonment,

whereas the execution of sentences for those convicted of... shall be;

may be deferred for a period of 10 years.

Who Will Render the Decision to Postpone the Execution of Sentence?

According to the legislative proposal, the decision to postpone the execution of sentence

shall be rendered by the execution judge.

This provision is a significant point.

Because the postponement of the execution is not left directly to the discretion of the administration or a political authority, but rather tied to a judicial decision-making mechanism.

The execution judge;

shall render a decision by evaluating
whether the statutory conditions have been met,
whether the offense falls within the scope,

and other legal conditions,

Can the Decision of the Execution Judge Be Appealed/Objected to?

Yes.

According to the legislative proposal;

The remedy of objection is available against stay of execution decisions rendered by the execution judge.

This situation;

the Public Prosecutor's Office,
concerned parties,

provides the opportunity for legal review.

What Happens If a New Crime Is Committed During the Stay Period?

Article 6 of the legislative bill sets forth a significant obligation for convicts who benefit from the stay of execution.

Accordingly:

in the event that one of the offenses of terrorism is committed within the stay period starting from the date of the stay;

the execution judge shall revoke the stay decision,
and the execution of the sentence shall continue.

In other words, the individual is obligated not to commit a new terrorism-related offense during the stay period.

What Happens If the Probation Period is Successfully Completed?

According to the legislative proposal;

if the individual does not commit a new terrorism offense within the specified period;

the sentence rendered shall be deemed executed.

This regulation produces significant consequences in execution law.

Because, unlike the classical execution system, the individual;

without returning to prison,
without completing the actual execution of the sentence,

will be able to achieve the legal consequence provided that the conditions specified in the law are fulfilled.

Are Confiscation Orders Affected by Postponement?

As explicitly stated in the proposal;

the postponement of execution does not prevent the enforcement of confiscation orders.

Namely;

assets derived from the offense,
property subject to confiscation,

proceedings regarding the same will continue.

With this regulation, the suspension of the execution of the sentence and the protection of economic values derived from the crime have been separated from each other.

Is the Law for a Terror-Free Turkey a General Amnesty?

One of the most debated issues in the public eye is whether this regulation constitutes a general amnesty.

When evaluated legally, the bill is not a general amnesty regulation in the classical sense.

What is a General Amnesty?

In the event of a general amnesty;

the crime may be eliminated,
the sentence may be lifted with all its consequences,
judicial consequences may be completely terminated.

What Does This Proposal Introduce?

However, the Bill on the Strengthening of National Solidarity and Social Integration;

does not eliminate crimes,
does not erase conviction judgments,
does not result in a direct acquittal.

Instead;

suspension of investigations and prosecutions,
suspension of the execution of final sentences,
producing legal consequences if no new crime is committed within a specified period,

provides for a special regulation in the form of.

Therefore, in a technical sense, it can be evaluated as a conditional execution suspension and a transitional arrangement producing special legal consequences. it is possible to be evaluated as.

Who Might the Terror-Free Turkey Law Cover?

Considering the current version of the bill, the scope includes;

Establishing or managing the PKK/KCK terrorist organization,
being a member of an armed terrorist organization,
knowingly and willingly aiding and abetting,
committing propaganda for an organization,
certain crimes committed within the scope of the organization's activities,
crimes of financing terrorism committed in favor of the organization,

has been regulated.

However, whether a person can benefit from this regulation;

must be evaluated separately based on the nature of the imputed crime,
the date of the offense,
the amount of the sentence imposed,
the procedural stage at which the case file is pending,

accordingly.

Monitoring, Coordination and Implementation Mechanism under the Terror-Free Turkey Law (Article 7)

Article 7 of the Bill on the Strengthening of National Solidarity and Social Integration regulates how the implementation of the law will be monitored, which institutions will manage the process, and how the implementation mechanism will be established.

In terms of criminal law, the preceding articles regulate:

suspension of investigations and prosecutions,
evaluation of detention and judicial control measures,
postponement of the execution of conviction judgments,

such individual legal consequences.

Article addresses the corporate governance and coordination dimensions of this process.

Establishment of a Board Within the Scope of the Terrorism-Free Turkey Law

According to the bill, a special board shall be established to monitor and evaluate the implementation of the law.

This board shall consist of;

under the chairmanship of the Vice President shall serve in office.

The composition of the Board includes key actors of the state in the fields of security, law, and foreign policy.

Members to Serve on the Board

According to the bill, the board shall consist of the following persons:

Vice President,
Minister of Justice,
Minister of Foreign Affairs,
Minister of Interior,
Minister of National Defense,
Secretary General of the Presidency,
Head of the National Intelligence Organization,
Secretary General of the National Security Council.

When this structure is examined, it is evident that the regulation is designed not merely as a judicial process, but also as a comprehensive process to be conducted within the scope of security, diplomacy, and state policy.

What are the Duties of the Board?

According to the bill, the primary duty of the board is;

to monitor and evaluate the implementation of activities carried out within the scope of the law.

In this context, the board shall;

monitor the stage at which the process is,
ensure coordination among relevant institutions,
evaluate issues that may arise in practice,
sub-committees may be established if deemed necessary.

Can Sub-Committees Be Established?

Yes.

According to the bill, the board may establish sub-committees when needed.

In these sub-committees;

representatives of the ministry,
authorities of public institutions and organizations,
persons deemed necessary,

may be assigned.

With this regulation, it is aimed to carry out the process not by a single institution, but through the coordination of different public institutions.

Monitoring of the Process Within the Organization

One of the notable provisions of the bill is the regulation regarding the board's authority to make assignments in sub-committees to ensure the progress of the process within the organization.

With this provision;

the dissolution process of the organization,
the disarmament process,
the termination of the organizational structure,

such matters are envisaged to be monitored by the state.

Legal Nature of the Terror-Free Turkey Law

The Bill on the Strengthening of National Solidarity and Social Integration does not constitute a classical criminal code amendment in terms of our legal system.

The bill;

It does not regulate a new crime or penalty in the Turkish Penal Code,
it does not alter the elements of existing crimes,
nor does it reduce the penalty amounts.

Instead;

upon the fulfillment of special conditions, it provides for a distinct legal mechanism within the criminal investigation, prosecution, and execution processes.

Is the Terror-Free Turkey Law an Amnesty Law?

One of the most debated topics among the public is whether this regulation constitutes an amnesty.

From a legal perspective, the proposal is not, in the classical sense;

a general amnesty,
a specific amnesty,

regulation.

Because;

In General Amnesty;

the legal consequences of the offense may be eliminated,
conviction rulings may be vacated with all their consequences,
criminal liability may be terminated.

In This Proposal, However;

the legal characterization of the offense does not change,
conviction rulings are not vacated,
it does not produce the effect of a classical amnesty with regard to criminal records.

Instead;

it is envisaged that prosecution and execution processes be postponed upon the fulfillment of certain conditions.

Evaluation of the Terrorism-Free Turkey Law in Terms of Criminal Law Principles

The bill is of significant importance regarding certain fundamental principles of criminal law.

1. Principle of the Rule of Law

Pursuant to the principle of the rule of law set forth in Article 2 of the Constitution, all actions of the state must comply with the law.

Therefore, the bill provides detailed regulations concerning;

who shall benefit,
which crimes are within the scope,
what time periods shall apply,
which authorities shall render decisions,

has been regulated in detail.

2. Principle of Equality

In terms of the principle of equality governed by Article 10 of the Constitution, differing practices must not be applied among persons in similar situations.

Therefore, in the application of the law;

date of the offense,
the type of crime,
penalty amount,
the individual's legal status,

must be taken into account as objective criteria.

3. The Principle of Personal Liability in Criminal Law

One of the fundamental principles of Turkish criminal law is that criminal liability is personal.

Within this scope;

whether an individual can benefit from the law;

their own actions,
their own case file,
their own legal status,

must be evaluated on the basis of.

The actions of other individuals or the general situation within an organizational structure should not be solely decisive.

How Will the Legal Process Proceed Under the Terror-Free Turkey Law?

Considering the current version of the proposal, the process will proceed as follows:

1. State Determination Process

First of all;

that the actual presence of the PKK/KCK terrorist organization has ended,
that the weapons have been surrendered,

will be verified by the security institutions.

2. MGK Confirmation

This verification;

will be evaluated by the National Security Council and the decision will be published in the Official Gazette.

3. Suspension of Judicial Proceedings

Following this;

investigation files,
prosecution files,

may be postponed under the conditions specified in the law.

4. Postponement of Execution Regarding Finalized Sentences

As for convicted individuals;

an evaluation will be made by the execution judgeship,
and the execution of sentences meeting the requirements may be postponed.

Frequently Asked Questions (FAQ) Regarding the Terrorism-Free Turkey Law

Has the Terror-Free Turkey Law been enacted?

The Bill on the Strengthening of National Solidarity and Social Integration is a legislative proposal submitted to the Grand National Assembly of Turkey. For it to become law, the legislative process in the TBMM must be completed.

Does the Terror-Free Turkey Law cover convicts?

In its current form, the bill contains provisions regarding the suspension of the execution of sentences for individuals with final convictions for certain terrorism-related offenses.

However, not everyone will benefit automatically. The type of offense, the amount of the sentence, and the statutory requirements are evaluated on a case-by-case basis.

Does the Terror-Free Turkey Law introduce a general amnesty?

No. In its current form, the bill is not a general amnesty regulation. Rather than abolishing convictions and penalties, it introduces a suspension mechanism under specific conditions.

Can those convicted of the crime of membership in an organization benefit from this?

Whether an individual will be able to benefit depends on:

the nature of the offense,
the severity of the sentence,
whether the law enters into force,
the fulfillment of other statutory conditions,

is affiliated with.

Will detained persons be released?

The bill provides for the reassessment of detention and judicial control measures. However, it does not provide for an automatic release system.

Conclusion: Legal Implications of the Terror-Free Turkey Law

The Bill on the Strengthening of National Solidarity and Social Integration constitutes a significant and comprehensive regulatory framework within the context of counter-terrorism law in Turkey.

With the proposal;

determining the legal processes to be applied in the event of the dissolution of the organizational structure,
suspending ongoing criminal investigations and prosecutions,
suspending the execution of finalized sentences under certain conditions,
ensuring coordination among state institutions,

is aimed.

However, the implementation of the regulation;

will depend on the enactment of the law,
the final text to enter into force,
the evaluations of the relevant institutions,
the practice of the courts,

Therefore, individuals who are currently under investigation, prosecution, or have a final conviction for terrorist offenses will need to have their respective cases evaluated specifically if the law enters into force.

Atty. Batın YILMAZ