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Former Prosecutor Criticizes 'Framework Law' Facilitating PKK Member Integration

Former Prosecutor Criticizes 'Framework Law' Facilitating PKK Member Integration

From Cumhuriyet · () Turkish

Translated from Turkish, summarized and contextualized by DistantNews.

At a glance

News Sources not specified Approved/passed
  • Former Supreme Court Prosecutor Ömer Faruk Eminağaoğlu criticized a new legislative proposal, dubbed the 'framework law,' passed by the Justice Commission.
  • Eminağaoğlu claims the law, supported by multiple parties, facilitates the political integration of PKK members who surrender.
  • He argues that 10 out of 10 articles in the law violate the constitution and enable individuals to enter politics without facing legal obstacles.

Former Supreme Court Prosecutor Ömer Faruk Eminağaoğlu has strongly criticized a new legislative proposal, known as the 'framework law,' which recently passed the Justice Commission. Eminağaoğlu contends that the law, co-authored by the AKP, MHP, and DEM Party, and also supported by the CHP, HÜDA PAR, and Yeni Yol Party, effectively establishes a "commission of trustees" within the presidency for individuals associated with the PKK who lay down arms.

"The AKP is now establishing a 'commission of trustees' in the Külliye for PKK members," Eminağaoğlu stated, accusing the ruling party of sanitizing the PKK's image. He asserted that the law offers a path to politics for those who descend from the mountains, calling it "betrayal."

AKP, this time again, is establishing a 'commission of trustees' in the Külliye for PKK members.

— Ömer Faruk EminağaoğluCriticizing the new legislative proposal and its implications for PKK members.

Eminağaoğlu declared that "10 out of 10 articles are unconstitutional." He elaborated on his social media that the law contains no provisions for democratization and that all its articles contravene the constitution. He detailed how the law, particularly Article 7, could enable individuals who have not faced investigation or conviction to enter politics without impediment, bypassing even the scrutiny faced by figures like Can Atalay.

Let's not say we didn't understand or we were deceived. There is not a single provision in the law regarding democratization. All 10 of its articles are contrary to the Constitution, let alone the law.

— Ömer Faruk EminağaoğluExpressing his view on the constitutionality and democratic nature of the law.

According to Eminağaoğlu's analysis, if individuals who have descended from the mountains have no ongoing investigations or convictions, the commission established under the President's authority would not grant permission for investigations, thus clearing their path to political life. If investigations or trials are pending but not finalized, these proceedings would be postponed. Furthermore, individuals previously released or sentenced without finalized judgments would have their cases reviewed, potentially leading to their release and the removal of political bans.

He concluded that under the new Turkish Penal Code regime, PKK members who commit crimes and descend from the mountains could, with the approval of the commission under the President's purview, enter political life on the same day. Eminağaoğlu noted that individuals convicted of murder or life imprisonment for acts committed before June 1, 2005, are excluded from this provision, implying that the Öcalan case and those involving martyrs are not covered.

PKK, it's whitewashing! The path to politics on the same day for those who come down from the mountain... BETRAYAL IS UNLIMITED!

— Ömer Faruk EminağaoğluDescribing the perceived outcome of the law for PKK members.
DistantNews Editorial

Originally published by Cumhuriyet in Turkish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.