‘Observe Equality in Enforcing Law on Execution, as Required by Humanitarian Law’

* Photo: Anadolu Agency (AA)

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University Faculty Members Association (ÜNİVDER) has released a statement about the law draft on criminal execution to be discussed at the Parliamentary Justice Commission on Friday (April 3).

In its statement on the legislative proposal that foresees the exclusion of the Anti-Terror Law, the ÜNİVDER has noted that "prisoners are facing a serious risk due to the outbreak" and underlined that "the protection of their right to life and their release from prison are demanded by the general public."

The association has briefly stated the following:

"According to the news about the issues that the AKP and MHP agreed on, it has been announced that the amendments will be introduced to the periods of conditional release, transfer to an open penal institution and supervised release; however, the ones convicted for terror crimes, sex crimes, violence against women and murder will not benefit from this betterment.

'Unlawful manner of rule will prevail'

"This attitude means that the authoritarian and unlawful manner of rule, where freedom of expression and press and the right to political criticism and opposition are further oppressed, will prevail.

"In fact, as per the Anti-Terror Law (TMK), Article 314/3 of the Turkish Penal Code (TCK) and Articles 220/6 and 7 of the TCK, journalists, academics, dissident politicians, elected MP and local governors, who have never taken a gun in their hands, are put on trial and kept behind bars on the oddity of 'terror propaganda, being a member or executive of a terrorist organization or being considered a member as a non-member" over their statements of opinion that must not constitute a crime in democratic state.

'Take freedom of expression out of "terror" realm'

"Not only are the prison sentences foreseen by the TCK are high, but these sentences are also increased by half as per the Anti-Terror Law. In this way, the member or executive of a democratic platform or a legal political party who has never engaged in an armed activity can be convicted with a prison sentence of 1 to 22.5 years.

"Under the current law on criminal enforcement, in other offenses, people are released on probation after two thirds of their prison sentences are executed while this period is high for terror crimes, namely three quarters.

"First of all, all actions that do not involve armed actions and that fall within the scope of right of expression and democratic organization must be taken out of the realm of 'terror.'

'Inequality will aggravate violation of rights'

"In terms of humanitarian law, the prisoners' integration into social life must be ensured with other methods of probation. The discretionary power of the state in crime and punishment policy is accepted according to social needs; however, it is also generally accepted that equality must be observed in enforcing the law on criminal execution as required by the humanitarian law.

"A legal arrangement that foresees sentence reductions and betterment for drug dealers, who pose a threat to all societies, but that excludes 'terror crimes', which are already misdefined, will mean a grave right violation by further aggravating the inequality for tens of thousands of political prisoners who are unlawfully kept behind bars." (RT/SD)