Lawyers: Sentence Reduction Bill is Against the Principle of Equality Before the Law

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Rights defenders and lawyers criticize the exclusion of "terrorist crimes" from the regulation on the law on criminal execution.

The law proposal submitted to parliament consists of 70 articles envisages amendments to 11 laws.

CLICK - Sentence Reduction Bill Submitted to Parliament

Speaking to bianet, lawyer Engin Cinmen said the proposal is "against the law and human rights" and lawyer Ömer Kavili said those who prepared the proposal "forgot the principle of equality before the law."

"The regulation creates inequality"

Noting that prisons have an occupancy of 120 percent and that they are places "that create crimes," Cinmen said, "The time those who committed an offense spent in prison is for preparing them to return to society, but this philosophy has never been applied in Turkey. Previous regulations were also based on emptying prisons and making room for new criminals."

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About the exclusion of political crimes from the proposal, he said, "[They are] called 'terrorist crimes.' The problem starts with the fact that Osman Kavala, Selahattin Demirtaş, mayors in the southeast are in prison. When you look at their files, there are no crimes. For example, Ahmet Altan faced three aggravated life imprisonment sentences for his articles, it was reduced to one aggravated life imprisonment. The Court of Cassation, finding a common way, gave a ruling for 'aiding the [terrorist] organization.' Charged for Gezi incidents, Osman Kavala served three years in prison, then he is in prison again for other crimes. Demirtaş and other politicians are the same.

"Now, with the new regulation on criminal execution, they will release leaders of some organized crime groups, who are close friends of the MHP [Nationalist Movement Party], and these people will stay in prison."

Cinmen said that such a practice would be against human rights.

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"Reductions will not be applied for those criticizing the government"

Kavili said that the law proposal was prepared by bypassing the rules of the law and will pave the way for the release of leaders of organized crime groups.

"However, in order to not annoy those who use the opportunities of the [political] power, reductions will not be applied for those who criticize the government, who oppose it, who are not sided with it. The [corona] virus made everyone equal but lawmakers seem to have forgotten the notion of equality before the law."

He also said that the proposal was against procedural rules as well: "This is not a law of pardon, it envisages the period of the sentence spent in the correctional facility. And this is a sign of collapse for the criminal justice system. A law is made, a sanction is determined. The judge gives a ruling according to that. And then it is said, 'No need for them to stay [in prison] this long' and the convicts are released."

What can be done against inequality?

Rıza Türmen, a lawyer, politician and a former Constitutional Court judge, said in a column article on T24 that the main opposition party or the prisoners who were excluded from the regulation can apply to the Constitutional Court, claiming that it is against Article 10 of the Constitution, which guarantees equality before the law. (AS/VK)