From 13 Bar Associations to Constitutional Court: Annul Law on Criminal Enforcement

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The Constitutional Court will start discussing the objection against the law on criminal enforcement today (May 6). 13 bar associations across Turkey have made a call to the top court to annul the recently enacted law.

The joint statement has been signed by Adıyaman Bar Association, Ağrı Bar Association, Batman Bar Association, Bingöl Bar Association, Dersim Bar Association, Diyarbakır Bar Association, Hakkari Bar Association, Mardin Bar Association, Muş Bar Association, Siirt Bar Association, Şırnak Bar Association, Urfa Bar Association and Van Bar Association.

After around 90 thousand people have been released from prisons based on "The Law Foreseeing Amendments to the Law no. 7242 on the Execution of Sentences and Security Measures and Some Laws," the main opposition Republican People's Party (CHP) has appealed to the Constitutional Court and requested the annulment of the entire law in terms of form considerations and the stay of its execution. The Constitutional Court will make its first examination on procedural grounds today.

CLICK - Joint Call by 11 Legists to Constitutional Court for 'Law on Criminal Enforcement'

'It has further widened the gap with a state of law'

The statement of bar associations has raised concerns over the inequalities in the law on criminal enforcement:

"The law foreseeing amendments to a series of laws, especially the law on criminal enforcement, was debated at the Parliament and enacted as a law in spite of all objections.

"Excluding the crimes committed against the state, the law has introduced amendments having the characteristics of a special amnesty for a wide range of 'categories of crimes' committed against individuals, which has been the main point of objection.

"Not involved in any acts of violence, but subjected to ill treatment based on the ambiguous and wide definition of terrorism in the Anti-Terror Law, journalists, politicians, academics, students, NGO representatives, lawyers and 'criminals of thought' from various segments of society have also been left out of its scope, which has been another point of objection.

"Introduced as part of the struggle against the pandemic, the law has not made any amendments pertaining to age, health condition and chronically ill prisoners, leaving them out of its scope, thereby affirming this discriminatory and non-egalitarian attitude in the full sense of the term.

"Considering the letter and spirit of the law and its target audience, it was approved despite carrying the characteristics of a special amnesty.

"Safeguarding the rights and law of the minority as much as those of the majority is the fundamental principle and merit of a state of law. All acts and actions drifting away from this principle also means drifting away from the principle of rule of law.

"This legislation has further widened the gap between us and a state of law. With such discriminatory procedures and amendments, the last tie with a state of law has been broken.

"Considering the principle of equality as per the Article 10 of the Constitution, the principle of rule of law as per the Article 2 of the Constitution and the prohibition of discrimination as per the Article 14 of the European Convention on Human Rights (ECHR), we call on the Constitutional Court to annul this legislation, to restore this tie and to rebuild social peace." (AS/SD)