Turkish parliament committee adopts 'National Solidarity' bill as part of Terror-Free Türkiye process

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 offenses of establishing or leading the PKK/KCK terrorist organization, membership in the organization, knowingly and willingly assisting it, and making propaganda for the organization, as well as crimes committed as part of the organization's activities and offenses regulated under the Law on the Prevention of the Financing of Terrorism that are committed in favor of the organization.

Under the bill, Organization refers to the PKK/KCK terrorist organization and all formations linked to it, while 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 organization 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 offenses 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 offenses 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 organization's activities or offenses 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 offenses 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 offenses covered by the regulation but committed before the publication of that decision will require authorization from the Board.

Protective measures involving detention and judicial control imposed in connection with offenses 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 offenses subject to suspension that are under appellate or cassation review will be overturned.

- Registration of suspension decisions and subsequent offenses

Suspension decisions will be entered into a dedicated system. These records may be used only for the specified purpose if requested by a public prosecutor, judge or court in connection with an investigation or prosecution.

If a terrorism-related offense is committed during the suspension period after the date the suspension decision was issued, the suspension decision will be revoked and the investigation or prosecution will continue.

If a conviction is subsequently handed down, enforcement of the sentence will not be suspended under the relevant provision of the regulation, and all legal consequences of the conviction will take effect.

If the specified period expires without an offence being committed, a decision of non-prosecution or dismissal will be issued.

The bill also stipulates that, provided security authorities determine that the organization has ended its de facto existence and surrendered all weapons and ammunition under its control, and the relevant MGK decision confirming this determination is published in the Official Gazette, enforcement of prison sentences imposed on convicted persons for offenses covered by the regulation will be suspended by a decision of an enforcement judge.

The provision excludes persons convicted of intentional homicide committed as part of the organization's activities and those sentenced to life imprisonment or aggravated life imprisonment for offenses committed before June 1, 2005.

For convictions carrying a total prison sentence of 15 years or less, enforcement of the sentence will be suspended for five years. For convictions carrying more than 15 years in prison, life imprisonment or aggravated life imprisonment, enforcement will be suspended for 10 years.

The suspension will not prevent the enforcement of confiscation decisions. The statute of limitations on the sentence will not run during the suspension period.

Suspension decisions issued by an enforcement judge may be challenged. Such decisions will also be entered into the designated system, and the records may be used only for the specified purpose if requested by a public prosecutor, judge or court in connection with an investigation or prosecution.

If a terrorism-related offense is committed during the suspension period, the enforcement judge will revoke the suspension decision and order the continued enforcement of the sentence.

If the specified period expires without an offense being committed, the sentence will be deemed to have been served.

Public prosecutors' offices will be responsible for monitoring the suspension decisions.

- Monitoring, coordination and implementation

Following publication of the regulation in the Official Gazette, implementation and assessment of activities covered by the bill will be monitored by a Board chaired by the Vice President and composed of the Justice Minister, Foreign Minister, Interior Minister, Defense Minister, Secretary-General of the Presidency, the head of the National Intelligence Organization (MIT) and the secretary-general of the National Security Council.

The Board may establish subcommittees when necessary and may invite representatives of ministries, institutions and organizations, as well as other persons deemed necessary, to meetings of the Board and its subcommittees.

The Board may assign members to subcommittees to facilitate progress in the process involving the organization.

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, and the publication of the MGK decision confirming this determination in the Official Gazette, the Board may periodically assess the complete dismantling of the organization in line with the purpose and scope of the regulation and observation reports concerning the situation.

Where deemed necessary, the Board may request judicial, administrative and legislative measures.

Suspension decisions issued under the bill will be periodically reviewed by the Board 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, and the publication of the relevant MGK decision in the Official Gazette.

Where deemed necessary, the Board may request from a criminal judge of peace or a court the removal, with all its consequences, of restrictions on rights arising from investigations and prosecutions.

It may likewise request from an enforcement judge the removal, with all its consequences, of restrictions on rights arising from convictions.

The relevant authority will decide on such requests, and those decisions may be challenged.

For a request concerning restrictions on rights arising from convictions to be made, two years must have passed from the date of the decision in cases where the suspension period was set at five years, and three years must have passed where the suspension period was set at 10 years.

The Board will regularly brief the Turkish Grand National Assembly on its work.

The TBMM Presidency will establish a Monitoring Commission to oversee activities covered by the regulation. The Monitoring Commission will monitor activities carried out under the law and may issue recommendations.

Secretariat services for the Board will be provided by the Secretary-General of the Presidency.

- Surrender of weapons and equipment

Weapons, ammunition, vehicles, equipment, explosives, and all other materials brought by or declared by members of the organization covered by the bill will be registered.

The procedures and principles governing the implementation of the regulation will be determined by the Interior Ministry and Defense Ministry, taking into account the views of the security authorities.

The provisions of the bill will apply to individuals who, within six months 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, and the publication of the MGK decision confirming this determination in the Official Gazette, submit a written notification to the public prosecutor's office in their locality or to institutions designated by the Board stating that they wish to benefit from the provisions of the regulation.

Tasks assigned under the bill will be carried out promptly by the relevant public institutions and organizations.

Individuals who perform duties assigned under the bill within the scope of its objectives and activities will not incur civil, administrative or criminal liability as a result of carrying out those duties.