05.08.2026 15:30
The 12-article details of the "Law Proposal on Strengthening National Solidarity and Social Integration" have been revealed. The proposal regulates in full detail the detection, trial, and execution processes that will come into effect if the PKK/KCK terrorist organization ends its actual existence and disarms. Here is the full text of the articles and justifications of the process law proposal.
The legal regulation prepared for the Türkiye Without Terrorism process has been completed. The draft law, referred to as the framework law, has been submitted to the Speaker's Office of the Parliament. The draft, titled the Draft Law on Strengthening National Solidarity and Social Cohesion, consists of 12 articles.
According to the text of the prepared draft law, the functioning of the process and the relaxation of legal sanctions are entirely conditional upon the official confirmation by state institutions that the organization has been disarmed.
BODY FOR DETERMINATION AND CONFIRMATION DESIGNATED
According to the draft, the fact that the organization has ended its actual existence with all its structures and elements under its control and has been completely disarmed will first be determined by security institutions. Confirmation by the National Security Council (MGK) will be required for this determination to become final.
WHICH CRIMES DOES IT COVER?
The crimes covered by the law are listed as follows:
- Establishing or managing the PKK/KCK terrorist organization
- Being a member of the organization
- Knowingly and willingly aiding the organization
- Making propaganda for the organization
- Other crimes committed within the scope of organization activities
- Crimes committed in favor of the organization under Law No. 6415 on the Prevention of the Financing of Terrorism
INTENTIONAL KILLING EXCLUDED FROM SCOPE
The exceptions kept "outside the scope" in the draft are clearly defined. Investigations and prosecutions conducted for the crime of intentional killing committed within the framework of organization activities, and for crimes committed before June 1, 2005, that require life imprisonment or aggravated life imprisonment, will not benefit from this law.
POSTPONEMENT OF INVESTIGATIONS AND PROSECUTIONS
For individuals covered by the law, postponement periods are envisaged at the investigation and prosecution stages as follows:
- For crimes requiring a sentence of 15 years or less: 5 years
- For crimes requiring more than 15 years of imprisonment, life imprisonment, or aggravated life imprisonment: 10 years
- An appeal can be lodged against these decisions within two weeks. When a postponement decision is made, protective measures such as detention and judicial control against the suspect will be lifted.
SUSPENSION OF EXECUTION FOR FINALIZED SENTENCES
A similar gradual system will be applied for individuals who have been sentenced:
- For imprisonment sentences of 15 years or less: 5 years
- For imprisonment sentences of more than 15 years and life imprisonment: Execution will be postponed for 10 years by the decision of the execution judge.
- If no new crime is committed during the postponement period, the sentences will be considered executed; for those at the prosecution stage, a decision of dismissal will be issued.
STATUTE OF LIMITATIONS WILL BE SUSPENDED, DEPRIVATIONS OF RIGHTS WILL BE REMOVED
During the postponement period, the statute of limitations for cases and penalties will not run. Additionally, postponement decisions will be evaluated periodically by the board. If deemed necessary, applications can be made to courts for the removal of deprivations of rights arising from conviction (such as barriers to public service).
IMPLEMENTATION AND COORDINATION BOARD
A high-level board will be established under the chairmanship of the Vice President to monitor the law. The board will include the following members:
- Ministers of Justice, Foreign Affairs, Interior, and National Defense
- Secretary General of the Presidency
- Head of the National Intelligence Organization (MİT)
- Secretary General of the MGK
- The coordination of the board will be carried out by the Secretary General of the Presidency.
PARLIAMENTARY MONITORING COMMISSION AND SURRENDER PROCESS
A Monitoring Commission consisting of 17 members will be established within the Turkish Grand National Assembly. Procedures for the surrender of organization members and the registration of weapons will be determined by a joint circular to be prepared by the Ministries of Interior and National Defense.
6-MONTH PERIOD FOR APPLICATION
Those who wish to benefit from the regulation will be required to submit a written application to the relevant chief public prosecutor's offices or authorized institutions within 6 months from the publication of the MGK decision in the Official Gazette.
HERE IS THE FRAMEWORK LAW DRAFT WITH ITS ARTICLES AND JUSTIFICATIONS:
Purpose and scope
ARTICLE 1- (1) The purpose of this Law is to determine the procedures for postponing ongoing investigations and prosecutions and the execution of final convictions, as well as carrying out other necessary actions, following the determination by security institutions that the PKK/KCK terrorist organization and all related formations have ended their actual existence and have surrendered all weapons and ammunition under their control, and the publication of the National Security Council Decision confirming this determination in the Official Gazette.
(2) The provisions of this Law cover the crimes of establishing or managing the PKK/KCK terrorist organization, being a member of the organization, knowingly and willingly aiding the organization, making propaganda for the organization, crimes committed within the scope of the organization's activities, and crimes committed in favor of the organization as regulated in the Law No. 6415 on the Prevention of the Financing of Terrorism dated 7/2/2013.
Definitions
ARTICLE 2- (1) For the purposes of this Law;
a) Organization: Refers to the PKK/KCK terrorist organization and all its affiliated formations,
b) Board: Refers to the Board to be established under Article 7 of this Law.
Postponement of investigations and prosecutions
ARTICLE 3- (1) Provided that the National Security Council Decision on the determination by security institutions that the organization has ended its actual existence and has surrendered all weapons and ammunition under its control, and the confirmation of this determination, is published in the Official Gazette, investigations and prosecutions conducted for crimes within the scope of Article 1, except for the crime of intentional killing committed within the framework of organization activities and crimes committed before 1/6/2005 requiring life imprisonment or aggravated life imprisonment, are postponed for five years if the upper limit of the penalty is fifteen years or less, and for ten years if the penalty is more than fifteen years of imprisonment, life imprisonment, or aggravated life imprisonment. The statute of limitations for the case does not run during the postponement period. The files related to these crimes and the evidence useful for proving the crime are preserved during the postponement period from the date of the postponement decision. A decision for liquidation is made together with the postponement decision regarding items and assets subject to confiscation, and they are recorded as revenue to the Treasury. The decision is notified to those who have the right to appeal. The decision specifies the time limits for application and appeal and the competent authority.
(2) Those who have the right to appeal against decisions made by the chief public prosecutor under the first paragraph may apply to the criminal judgeship of peace within two weeks. Decisions made by the court regarding the postponement of prosecution under the first paragraph can also be appealed within two weeks.
(3) For crimes committed before the publication of the National Security Council Decision in the Official Gazette and falling within the scope of Article 1, conducting investigations to be initiated after this date is subject to the permission of the Board.
Protective measures and files under judicial review
ARTICLE 4- (1) The protective measures related to arrest and judicial control imposed for crimes for which a deferral decision will be made pursuant to Article 3 shall be evaluated by the competent judge or court at the stage of the investigation or prosecution, as well as by the regional court of appeal or the relevant criminal chamber of the Court of Cassation, and if the conditions exist, a decision shall be made to lift these measures.
(2) Files under appeal or cassation review regarding crimes for which a deferral decision will be made pursuant to Article 3 shall be decided to be reversed.
Recording of deferral decisions and re-offending
ARTICLE 5- (1) The deferral decisions made pursuant to Article 3 shall be recorded in a system dedicated to them. These records may only be used for the purpose specified in the second paragraph if requested by the public prosecutor, judge, or court in connection with an investigation or prosecution.
(2) If one of the terrorist crimes is committed within the deferral period starting from the date of the deferral decision, the deferral decision shall be lifted and the investigation and prosecution shall continue. In the event of a conviction, the execution of the imposed penalty shall not be deferred pursuant to Article 6, and all consequences of the conviction shall arise. If the specified period is spent without committing a crime, a decision of no need for prosecution or a dismissal decision shall be made.
Deferral of the execution of conviction judgments
ARTICLE 6- (1) Provided that security institutions determine that the organization has ceased its actual existence and has delivered all weapons and ammunition under its control, and that the National Security Council Decision confirming this determination has been published in the Official Gazette, except for those convicted of intentional murder committed within the scope of organizational activity and those sentenced to life imprisonment or aggravated life imprisonment for crimes committed before 1/6/2005, for crimes falling within the scope of Article 1;
a) The execution of sentences of convicts sentenced to a total of fifteen years or less of imprisonment shall be deferred for a period of five years,
b) The execution of sentences of convicts sentenced to a total of more than fifteen years of imprisonment, life imprisonment, or aggravated life imprisonment shall be deferred for a period of ten years, by the decision of the execution judge. The application of this paragraph shall not prevent the execution of confiscation decisions. The statute of limitations for the penalty shall not run during the deferral period.
(2) Objections may be made against the deferral decisions given by the execution judge pursuant to the first paragraph.
(3) The deferral decisions given pursuant to the first paragraph shall be recorded in the system established according to the first paragraph of Article 5. These records may only be used for the purpose specified in the fourth paragraph if requested by the public prosecutor, judge, or court in connection with an investigation or prosecution.
(4) If one of the terrorist crimes is committed within the deferral period starting from the date of the deferral decision, the execution judge shall lift the deferral decision and decide to continue the execution of the penalty. If the specified period is spent without committing a crime, the imposed penalty shall be deemed to have been executed. The follow-up of deferral decisions shall be carried out by the chief public prosecutor's offices.
Monitoring, coordination and implementation
ARTICLE 7- (1) The monitoring and evaluation of the implementation of the activities within the scope of this Law; following the publication of the Law in the Official Gazette, shall be carried out by the Board consisting of the Minister of Justice, Minister of Foreign Affairs, Minister of Interior, Minister of National Defense, Secretary General of the Presidency, Head of the National Intelligence Organization, and Secretary General of the National Security Council, under the chairmanship of the Vice President. If necessary, sub-committees may be established by the Board; representatives of ministries, institutions and organizations, and persons deemed necessary may be invited to the meetings of the Board and committees.
(2) The Board may assign duties to sub-committees to ensure the progress of the process with respect to the organization.
With the sixth paragraph of the article, it is accepted that the secretariat services of the Board shall be carried out by the Secretary General of the Presidency.
ARTICLE 8- The article regulates the delivery of weapons and materials. With the first paragraph of the article, it is accepted that the weapons, ammunition, vehicles, equipment, explosives, and all kinds of materials brought by or declared by members of the organization within the scope of the Law shall be recorded.
With the second paragraph of the article, it is stipulated that the procedures and principles to be applied regarding the recording process and the recorded weapons, ammunition, vehicles, equipment, explosives, and all kinds of materials shall be determined by the Ministry of Interior and the Ministry of National Defense, upon receiving the opinion of security institutions.
ARTICLE 9- The article regulates that the provisions of this Law may be applied to persons who, within six months following the publication of the National Security Council Decision specified in Article 1 in the Official Gazette, notify in writing the chief public prosecutor's offices at their location or the institutions assigned by the Board that they wish to benefit from the provisions of this Law.
ARTICLE 10- The article adopts the regulation of duties and responsibilities. With the first paragraph of the article, it is regulated that the duties assigned within the scope of the Law shall be fulfilled urgently by the relevant public institutions and organizations.
With the second paragraph of the article, it is accepted that no legal, administrative, or criminal liability shall arise for persons performing the duties assigned within the scope of the aims and activities of this Law. With the regulation, legal assurance is provided for all officials, especially the members of the National Solidarity, Brotherhood, and Democracy Commission, who carry out studies aimed at achieving the purpose of this Law.
ARTICLE 11- It is the article on entry into force.
ARTICLE 12- It is the enforcement article.