Turkish Parliament receives bill outlining legal framework under 'Terror-Free Türkiye' process

The "Bill on Strengthening National Solidarity and Social Cohesion," prepared as part of the "Terror-Free Türkiye" process, was submitted to the Turkish Parliament on Wednesday.

The proposed legislation aims to establish a legal framework for suspending criminal investigations, prosecutions and the enforcement of certain prison sentences after Turkish security institutions determine that the PKK/KCK terrorist organization and all affiliated structures have ended their armed existence and surrendered all weapons and ammunition under their control.

The mechanism would take effect only after the National Security Council (MGK) confirms the determination and its decision is published in the Official Gazette.

The bill covers crimes related to establishing or leading the PKK/KCK, membership in the organization, knowingly assisting it, disseminating its propaganda, offenses committed as part of its activities, and crimes committed in its favor under Türkiye's Law on the Prevention of the Financing of Terrorism.

It defines "organization" as the PKK/KCK and all affiliated entities, while "Board" refers to the body to be established under the proposed legislation.

- Investigation, prosecution suspensions

Under the bill, investigations and prosecutions for offenses punishable by up to 15 years in prison would be suspended for five years, while proceedings involving crimes carrying sentences exceeding 15 years, life imprisonment or aggravated life imprisonment would be suspended for 10 years.

The provision excludes investigations and prosecutions concerning intentional homicide committed within the organization's activities, as well as offenses committed before June 1, 2005, that carry life or aggravated life imprisonment.

During the suspension period, statutes of limitations would not apply.

Evidence and case files would be preserved, while confiscated property and assets would be liquidated and transferred to the Treasury.

Decisions would be formally notified to parties with the right to appeal, including information on available legal remedies and deadlines.

Decisions by public prosecutors could be challenged before criminal judgeships of peace within two weeks, while court decisions suspending prosecutions could also be appealed within the same period.

Investigations initiated after publication of the MGK decision for offenses committed beforehand would require authorization from the Board.

Protective measures, including detention and judicial control orders related to offenses subject to suspension, would be reviewed by the competent courts, regional appellate courts or the relevant chamber of the Court of Cassation and could be lifted if legal conditions are met.

Cases pending appeal or cassation involving offenses covered by the proposal would be overturned.

- Suspension records and repeat offenses

Suspension decisions would be recorded in a dedicated system accessible only to prosecutors, judges or courts in connection with criminal investigations or prosecutions.

If an individual commits another terrorism-related offense during the suspension period, the suspension would be revoked and criminal proceedings would resume.

If convicted, the sentence would be enforced without the benefit of the proposed suspension provisions.

If no terrorism-related offense is committed during the suspension period, authorities would issue either a decision not to prosecute or a dismissal of the case.

- Suspension of prison sentence enforcement

The proposal also provides for suspending the enforcement of prison sentences after the MGK decision enters into force, provided security institutions verify that the organization has disbanded and surrendered all weapons.

The provision excludes individuals convicted of intentional homicide committed within the organization'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 offense is committed during the suspension period, the suspension would be revoked and sentence enforcement would resume.

If no such offense 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 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 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 organization.

Following publication of the MGK decision, the Board would periodically assess the complete dissolution of the organization 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 organization members would be officially registered.

Procedures governing implementation would be determined jointly by the Interior Ministry and the National Defense 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.