Assessment of the Bill on Conditional Reduction of Sentences for Certain Offences and the Release of Detainees and Convicts

6 October 2018Murat Volkan DülgerCommentary

Introduction

This work was written in Turkish. The summary on this page is a translation; the citation gives the original title in parentheses.

For a long time it had been said that, once Parliament opened, a bill providing for a reduction of sentences, in other words an “amnesty” bill, would be submitted to it. Indeed, the deputy chairs and spokespersons of the MHP, the party that was to submit the bill, were making statements to that effect. As expected, the bill, consisting of seven articles and entitled “Bill on Conditional Reduction of Sentences for Certain Offences and the Release of Detainees and Convicts”, was submitted by the MHP to the Office of the Speaker of the Grand National Assembly of Türkiye (TBMM) on 24 September 2018. Even before its submission, criminal lawyers had awaited the Bill with great concern on many points, such as exactly what it would contain and which offences it would cover. Once submitted, it caused even greater concern and met with serious criticism, particularly as regards its scope and content.

Do current social needs require a provision of this kind? Does the submission of the Bill rest on social needs or on political reasons, and what is its aim? Can the Bill, which essentially provides for a reduction of sentences, be regarded as an amnesty? Which offences have been brought within its scope, and has any concrete criterion been set for this? What conditions must be met for the Bill to become law? What consequences will follow if it does? Can the matter be brought before the Constitutional Court on the ground of unconstitutionality? Can the Court annul the provision in question? As can be seen, serious questions arise on many points.