The proposal also provides for suspending the enforcement of prison sentences after the MGK decision enters into force, provided security institutions verify that the terror organisation has disbanded and surrendered all weapons.
The provision excludes individuals convicted of intentional homicide committed within the organisation’s activities and those sentenced to life or aggravated life imprisonment for crimes committed before June 1, 2005.
Under the proposal, inmates sentenced to a total prison term of 15 years or less would have the enforcement of their sentences suspended for five years, while those serving more than 15 years, life imprisonment or aggravated life imprisonment would receive a 10-year suspension by decision of an enforcement judge.
Confiscation orders would remain in effect, and statutes of limitations would not run during the suspension period.
Enforcement judges’ decisions could be appealed and would also be recorded in the dedicated system. If another terrorism-related offence is committed during the suspension period, the suspension would be revoked and sentence enforcement would resume.
If no such offence is committed during the period, the sentence would be deemed served. Public prosecutor’s offices would oversee implementation of the suspension decisions.
Oversight and implementation
The bill establishes a Board chaired by the vice president and comprising the ministers of justice, foreign affairs, interior and national defence, the secretary-general of the Presidency, the head of the National Intelligence Organization (MIT) and the secretary-general of the National Security Council.
The Board would monitor implementation of the legislation, establish subcommittees when necessary, invite representatives of public institutions and other individuals to meetings, and assign personnel to facilitate progress with the organisation.
Following publication of the MGK decision, the Board would periodically assess the complete dissolution of the terror organisation based on observation reports and could request additional judicial, administrative or legislative measures if deemed necessary.
It would also periodically review suspension decisions granted under the proposal.
Where appropriate, the Board could request the removal of legal disabilities arising from investigations and prosecutions through criminal courts of peace, or those resulting from convictions through enforcement judges.
Such requests would be subject to appeal.
Applications for the removal of restrictions could only be made after two years for five-year suspensions and after three years for 10-year suspensions.
The Board would regularly brief the Turkish Parliament on its work.
Parliament would establish a Monitoring Commission to oversee activities carried out under the law and issue recommendations. Secretariat services for the Board would be provided by the Presidency’s General Secretariat.
Weapons surrender and legal protections
Weapons, ammunition, vehicles, equipment, explosives and other materials surrendered or declared by the terror organisation would be officially registered.
Procedures governing implementation would be determined jointly by the Turkish interior ministry and defence ministry after consulting security institutions.
The proposal would apply to individuals who, within six months of publication of the MGK decision in the Official Gazette, submit a written declaration to the chief public prosecutor’s office in their location or to institutions designated by the Board stating that they wish to benefit from the legislation.
Public institutions would be required to carry out duties assigned under the proposal without delay. Individuals performing responsibilities under the legislation’s objectives and activities would not incur legal, administrative or criminal liability for actions taken in the course of those duties.
Related
