Turkey publishes law governing PKK disarmament process in Official Gazette
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Turkey published a law in the Official Gazette governing the 'Terror-Free Turkey' process tied to the PKK/KCK's disarmament. The law sets a five-year postponement for covered offences with a maximum sentence of 15 years or less, and a ten-year postponement for more serious offences.
Key Facts
- The law postpones for five years investigations and prosecutions for covered offences with a maximum sentence of 15 years or less, and for ten years those carrying more than 15 years, life imprisonment, or aggravated life imprisonment.
- The postponement excludes intentional killing and conduct committed before June 1, 2005 that carried life imprisonment or aggravated life imprisonment.
- During the postponement, the statute of limitations does not run; case files and evidence are preserved; confiscated property and asset values are liquidated and recorded as revenue for the Turkish Treasury.
- Persons entitled to challenge a prosecutor's decision can apply to a criminal judgeship of peace within two weeks, and court postponement decisions can be appealed within the same period.
- Investigations initiated after publication of the National Security Council decision for covered crimes committed before that publication require permission from the Board.
Postponement Periods and Exceptions
The law sets a five-year postponement for investigations and prosecutions of covered offences whose upper limit is 15 years or less. It sets a ten-year postponement for offences carrying more than 15 years, life imprisonment, or aggravated life imprisonment. Intentional killing and offences committed before June 1, 2005 that required life imprisonment or aggravated life imprisonment are excluded from postponement. The postponement takes effect only after the National Security Council decision confirming the PKK/KCK has ended armed existence and surrendered weapons is published in the Official Gazette.
Evidence, Assets and Appeals
During the postponement period, the statute of limitations does not run. Case files and evidence are preserved for the duration of the postponement. Confiscated property and asset values are liquidated and recorded as revenue for the Turkish Treasury. Persons entitled to challenge a prosecutor's decision can apply to a criminal judgeship of peace within two weeks, and court postponement decisions can be appealed within the same period. Investigations initiated after the National Security Council decision is published for covered crimes committed earlier require permission from the Board.
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Turkey publishes law governing PKK disarmament process in Official Gazette
