Türkiye has moved to the second stage in the terror-free Türkiye initiative for disarmament of the terrorist group PKK. After the group announced it would dissolve itself last year, a parliamentary committee recently approved a report for legislation to speed up the process.
The report, which will serve as a guide for Parliament to draft legislation, will help facilitate the process after authorities confirmed that the PKK fully abandoned arms.
The National Solidarity, Brotherhood and Democracy Committee, set up exclusively for the PKK’s disarmament, has heard from all segments of the society since last August and wrapped up the work with a report offering advice on the fate of PKK members. The report involves suggestions for the rehabilitation of terrorists after the complete dissolution of the PKK. The Justice Ministry will set up a working group for legislation while the ruling Justice and Development Party (AK Party) will call other political parties to set up an informal working group at Parliament to debate future legislation.
All legislative work will be preceded by a confirmation process by the National Intelligence Organization (MIT) and the Ministry of National Defense regarding the disarmament. A report will be presented by the National Security Council chaired by the president and if the MGK accepts that the PKK is dissolved and has abandoned its arms, it will start the legislation process.
Several legal amendments are already being planned for PKK members, including separate legal definitions for members. They will be categorized in three groups: those involved in acts of terrorism, those who were not involved and those already incarcerated in PKK-related crimes.
Members of the PKK who were not involved in any acts of terrorism will be subject to legal proceedings once they returned to Türkiye and judiciary control practices. The PKK announced last year that all of its members in Türkiye have left the country as part of the initiative. The PKK’s senior leadership and most members hide out in mountainous territories in northern Iraq, particularly in and around the Qandil mountain area. The nature of judiciary control is not clear, but it will most likely be similar to judiciary control for other crimes where convicts are required to report to local police station regularly and/or are banned from traveling abroad. PKK members in this category will also benefit from a string of rehabilitation and reintegration programs, including education, vocational training and psychiatric support.
The PKK is commanded by “veteran” terrorists who joined the group at a younger age and have had no life outside PKK hideouts. Lower ranks are populated by the youth who usually skipped school and were brainwashed to join the terrorist group. Starting over is expected to be difficult for those, especially members who lived outside Türkiye for years. Ministries and relevant institutions are expected to collaborate to create rehabilitation programs.
For those involved in acts of terrorism and those convicted and serving time, the Turkish Penal Code, the Penal Execution Law and the Counterterrorism Law will undergo amendments. The amendments will be exclusive to PKK members and will not cover members of other terrorist groups such as the Gülenist Terror Group (FETÖ). A new law independent of others are also being considered, with a clear definition of PKK membership.
The group’s dissolution means cessation of several crimes under counterterrorism laws, such as membership of a terrorist group, aiding and abetting a terrorist group and propaganda of the same group. Under existing laws, PKK members face additional sentencing for the crime of “attempt to overthrow the constitutional order,” in addition to sentences for crimes of terrorism. Dissolution of the terrorist group would mean cessation of crimes against constitutional order and in turn, the sentences will be dropped.
The existing laws substantially increases prison sentences for manslaughter, extortion, etc., if they were committed by a terrorist group. Cessation of the PKK will mean that people convicted of those crimes would only be sentenced for the “original crime.” Authorities also plan a reduction in sentences and introduction of parole. Under existing laws, based on crime, convicts are eligible for early release if they served three-fourths or two-thirds of their prison sentences. Further reduction is expected in those sentencing system and convicts who served half of their sentence will be eligible for parole. Currently, people convicted of terror-related crimes are not eligible for parole. The same procedures will also apply to members of the PKK in Europe who want to return to Türkiye. They will be eligible for sentence reduction and parole if they are not convicted of crimes.
Elsewhere, new legal amendments are planned for those living in PKK-operated camps in Iraq, such as Makhmour. Those camps are mostly populated by supporters of the PKK who left Türkiye decades ago but have not been on the run as other members of the group. Based on the scale of their involvement with the terrorist group, residents of those camps will be offered reintegration into Turkish society and will be given IDs and education opportunities if they were not involved in acts of terrorism.
