PKK lays down arms! All eyes on the legal process: What will happen to the organization's members?

With the PKK 's disarmament process, the legal status of its members and the judicial processes in Turkey have become a matter of curiosity. Legal expert Hadi Dündar , commenting on the matter, made important statements, emphasizing the need for a two-pronged approach to the process.

"We are talking about a 50-year period from the moment you mention the PKK," said Dündar, noting that the organization has structures not only in Turkey but also in Iran , Iraq , Syria and various European countries.

NOT THOSE WHO DID NOT LAY DOWN THEIR ARMS, BUT THOSE WHO HAVE NOT COMMITTED A CRIME WILL BE PROSECUTED

Emphasizing that not everyone identified as a PKK member is engaged in armed activity, Dündar said , "If a person has not carried a weapon, has not been involved in any crime, and intelligence reports reveal that this person has not been involved in any active action in the past, then the process works differently."

Drawing attention to the second paragraph of Article 221 of the Turkish Penal Code , Dündar said, "According to this article, if a person wishes to benefit from effective repentance, they must surrender, their statement will be taken, the prosecution process will begin, and then they will be referred to the Criminal Court of Peace. If the investigation determines that they have not committed any crime, a travel ban, judicial control, and supervised surveillance may be imposed on the person. However, the process will still continue with the trial."

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The perception that "WILL TERRORISTS BE RELEASED?" IS NOT REALISTIC

Responding to a question by Tahir İnan , who pointed out that some circles were creating a perception in the public opinion that "Will terrorists walk among us freely?" , Dündar said that such claims were aimed at sabotaging the process.

Dündar said, "Those who pay attention to the statements of the Ministry of National Defense or the General Staff will have come across the following statement: 'The persuaded individual was returned to his family.' This sentence is very valuable. The surrender of a person who joined a terrorist organization through persuasion and subsequent reunification with his family is a significant achievement. We all know the Diyarbakır mothers. More than 50 families have been reunited with their children to date. This is not a new practice; what has been done in the past is still being done today. There is no additional regulation or mutual agreement."

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THERE IS A JUDICIAL REACH FOR THOSE INVOLVED IN CRIME

So, what happens to those who are found to have participated in any protest? Article 221, paragraph 4 of the Turkish Penal Code comes into play in this regard. Dündar explains:

According to this article, a reduction of 1/3 to 3/4 of the sentence imposed at the end of the trial can be made. This is left to the discretion of the court panel. However, the main issue that should be discussed here is the probation periods. Compared to other crimes, these periods appear to be shorter for terrorism crimes.

Dündar also drew attention to the upcoming discussions in the Turkish Grand National Assembly in September or October regarding the "COVID law," saying, "If there is no serious deadlock in the fight against terrorism by that time, a change regarding probation and conditional release periods may be on the agenda."