"THERE WILL BE NO AUTOMATIC RELEASE APPLICATION"
Uçum, noting that if the possibility of conditional release is granted to those convicted of crimes currently excluded from the scope, the principles of conditional release will still apply, stated, “There will be no automatic release application. Actions will be taken based on the report prepared by the administration and observation boards, which will evaluate every six months, and the decision of the Execution Court. For a conditional release decision to be made, it is necessary to determine that the convict has behaved well during their sentence. Otherwise, they will continue to serve their sentence,” he explained.
"EVEN IF A LEGAL REGULATION IS MADE IMMEDIATELY..."
Mehmet Uçum made the following assessment: “On the other hand, if convicts currently excluded from the scope are included, since their convictions are based on organized crime, according to existing legal provisions: life imprisonment is 30 years, aggravated life imprisonment is 36 years, in the case of one or more life sentences added to life imprisonment, it is 40 years, and in the case of one or more fixed-term sentences added to life imprisonment, a maximum of 40 years must be served. Even if an immediate legal regulation is made regarding this issue, individuals falling within the scope cannot benefit from this opportunity without completing these periods. In other words, the possibility of conditional release comes into play after the specified sentences have been served.”
Uçum stated that two conditions must occur simultaneously to benefit from conditional release and the opportunity expressed as the right to hope in this context: “First, the sentence must have been served for the duration specified in the law. Second, the convict must have behaved well during the sentence. When these two conditions are met and determined by the decision of the execution judge, conditional release occurs. Otherwise, the execution of the convict continues,” he said.
THOSE TO BE ADDED TO THE SCOPE IN CASE OF EXPANSION OF CONDITIONAL RELEASE
Uçum, explaining which convicts would be included if the conditional release discussed as the right to hope is expanded, wrote: “Those who receive aggravated life imprisonment for organized crimes against state security, constitutional order, and national defense, those who were previously sentenced to death and whose sentences were converted to aggravated life imprisonment or life imprisonment for terrorist offenses, and those who receive aggravated life imprisonment as terrorist offenders. If the Grand National Assembly of Turkey (TBMM), which has full will and authority in this matter, makes a regulation to expand the scope of convicts who will benefit from conditional release to include those mentioned above, Öcalan will also fall within this scope. This regulation is entirely at the discretion of the TBMM.”
Uçum stated, “Of course, if the TBMM adds the crimes that are currently excluded to the scope of conditional release, it can also make special regulations regarding duration, evaluation requests, process management, and relevant and authorized administrative and judicial authorities. It can establish a procedure different from the general conditional release procedure. There is no legal obstacle to this.”
CURRENT SCOPE OF CONDITIONAL RELEASE
Uçum emphasized that according to the current Execution Law, all convicts, except for those excluded from the scope, have the opportunity for conditional release regardless of the type of crime and punishment. “For example, those sentenced to life imprisonment or fixed-term imprisonment for terrorist offenses, as well as those sentenced to aggravated life imprisonment or life imprisonment for crimes other than those excluded from the scope, can currently benefit from this opportunity. However, as stated, this opportunity comes into play only when the minimum sentences specified in the law are served and the condition of good behavior during the sentence is met. Therefore, it is incorrect to evaluate the expansion of conditional release, which is currently discussed as the right to hope, as if conditional release is being introduced for terrorist offenders for the first time,” he stated.
WILL MEMBERS OF THE TERRORIST ORGANIZATION FETÖ BE ABLE TO BENEFIT?
Uçum noted that those convicted of life imprisonment and fixed-term imprisonment among FETÖ members also have the opportunity for conditional release, emphasizing that those excluded are only those who have received aggravated life imprisonment.
Uçum continued: “If such a regulation is made, members of the FETÖ gang who have received aggravated life imprisonment must serve their sentences until at least 2046, considering 2016, and at most until 2056, and they must behave well during this period to benefit from this opportunity. When commenting on this issue, the conditions of serving the minimum sentence and good behavior must always be kept in mind for the execution judge to make a positive decision.
On the other hand, the TBMM can also make a special regulation limited to members of the defunct terrorist organization regarding the expansion of conditional release if it wishes. In this case, members of other terrorist organizations who have received aggravated life imprisonment, including FETÖ, will be excluded from this expansion. This is also a legal option.”