By Bosphorus News Türkiye Desk
Türkiye's parliamentary Justice Committee has approved legislation setting out how investigations, prosecutions and sentence enforcement involving the Kurdistan Workers' Party (PKK) and KCK would be suspended once the state verifies that the organization has disarmed and ended its organizational existence.
The bill, formally titled the Law on Strengthening National Solidarity and Social Cohesion, is part of the "Terror-Free Türkiye" process and will move toward consideration by the General Assembly.
The PKK is designated as a terrorist organization by Türkiye, the United States and the European Union.
The proposed mechanism would not take effect automatically. Security institutions must first determine that the PKK/KCK and formations covered by the legislation have ended their de facto existence and surrendered all weapons and ammunition under their control. That assessment must then be confirmed by the National Security Council (MGK), with the decision published in the Official Gazette.
For offenses carrying a maximum sentence of 15 years or less, investigations and prosecutions would be suspended for five years. The period would rise to 10 years for offenses carrying more than 15 years, life imprisonment or aggravated life imprisonment.
The bill covers establishing or leading the PKK/KCK, membership, knowingly assisting the organization and propaganda on its behalf. It also covers offenses committed within the organization's activities and certain offenses under Türkiye's terrorism-financing legislation.
Intentional homicide committed as part of PKK/KCK activity is excluded. The mechanism would also not apply to offenses committed before June 1, 2005, where the applicable punishment is life or aggravated life imprisonment.
The statute of limitations would stop running during the suspension period, while case files and evidence would be preserved. Property and assets subject to confiscation would be liquidated alongside the suspension decision, with the proceeds transferred to the Treasury.
Prosecutorial suspension decisions could be challenged within two weeks before a criminal judgeship of peace. Court decisions suspending prosecutions would also be open to objection within two weeks.
Investigations opened after publication of the MGK decision for earlier offenses covered by the law would require authorization from the implementation board established under the legislation.
Detention and judicial-control measures in covered cases would be reviewed by the competent court, appeals court or relevant criminal chamber of the Court of Cassation and lifted where the legal conditions are met. Files already under appellate or cassation review would be quashed for application of the new suspension procedure.
The same five- and 10-year periods would apply to enforcement of prison sentences for eligible convictions, subject to a decision by an enforcement judge. If no new terrorism offense is committed during the suspension period, the sentence would be deemed served. A new terrorism offense during that period would reactivate enforcement.
Implementation would be overseen by a board chaired by the vice president and including the justice, foreign, interior and defense ministers, the presidential secretary-general, the head of the National Intelligence Organization (MİT) and the secretary-general of the MGK. Parliament would establish a separate monitoring commission.
The framework also provides a six-month application period after publication of the MGK decision for those seeking to benefit from the law.
The legislation follows the PKK's decision to disband and lay down arms, with much of the practical disarmament and return process centered on northern Iraq. The legal framework is designed in part to regulate the position of former members seeking to return to Türkiye.
Supporters of the proposal describe it as a conditional suspension mechanism tied to verified disarmament rather than a general amnesty. Its judicial provisions would remain inactive until the bill passes parliament and the required security assessment and MGK confirmation are completed.
Sources: Türkiye's parliament, Anadolu Agency, Reuters, Bosphorus News review and reporting.