The 'Framework Law' expected as part of the Peace and Democratic Society Process was adopted by the General Assembly of Parliament with 468 votes. For the 12-article legislation to enter into force, the National Security Council (MGK) must determine and confirm that all organizations affiliated with the PKK/KCK have dissolved themselves and that arms have been completely laid down. If this condition is met, the legislation provides for the postponement of investigations, prosecutions and finalized convictions in relation to the offences covered by the proposal. The legislation excludes from its scope people who received aggravated life sentences before 2005 or who were convicted of offences carrying an aggravated life sentence.

Ercan Yılmaz, chair of the Amed branch of the Human Rights Association (IHD), spoke to ANF about the 'Framework Law' adopted by Parliament. He said: “Many people who have spoken out on the Kurdish issue, expressed their views and made democratic demands have faced investigations and prosecutions because of anti-democratic provisions in Turkish legislation. So we regard this as an important initiative and stage in resolving the Kurdish question.

Because until now, everyone who has spoken out, taken action or made demands concerning the resolution of the Kurdish issue has faced considerable judicial pressure because of the adverse laws in Turkish legislation. As you know, particularly after 2015, following the end of the 2013–2015 period and the ongoing peace process, there was an attempted coup. A state of emergency was declared after the coup attempt, and many pieces of legislation, including already problematic laws such as the Turkish Penal Code and the Execution of Sentences Law, were made even more restrictive and turned into instruments of repression against opponents. Those who were generally subjected to the harshest sanctions were people who expressed their views and opinions on the Kurdish question.”

The way must be opened for participation in social life

Yılmaz said legal reforms were important in addressing the situation that had emerged during four decades of conflict, and stressed that the way must be opened for democratic politics and public debate. Pointing out that the framework law was also an important step towards enabling prisoners to return to social life and citizens who had been forced to leave the country to return to Turkey, Yılmaz continued: “Today, in terms of partially addressing the situation that emerged during these forty years of conflict, it is an important stage to eliminate the punishments imposed under these legal provisions, particularly in order to open the way for the issue to be discussed through democratic means.

Despite its many shortcomings, we believe this is an important legal change in terms of enabling people to participate more freely in social life in the next phase of the process, allowing citizens who were forced to leave the country to return, and enabling citizens who cannot return to Turkey because of accusations or convictions of PKK membership to participate in social and political life. Of course, this legislation alone is not sufficient to resolve the Kurdish question.”

Some issues becoming taboos is a cause for concern

Yılmaz recalled that human rights defenders and lawyers had submitted numerous proposals during the preparation of the law. He said: “Since the framework law was first discussed as a legislative proposal, many sectors, human rights defenders and lawyers have repeatedly expressed their views on the issue. We, too, expressed our views as the Human Rights Association. We should say that seeing some of these views reflected in the legislative proposal gives us satisfaction and hope in terms of resolving the Kurdish question. But the fact that some issues are still treated as taboos and remain outside the scope of this law will cause the process to take somewhat longer.”

Not a single citizen should continue to face judicial pressure

Emphasizing that the struggle must continue following the adoption of the law in its current form, Yılmaz said the legislation represented an important stage but that those excluded from its scope must also remain on the agenda. He said: “According to figures reported in the media, the release of approximately 4,000 prisoners, the return of approximately 2,000 PKK militants to Turkey, and the return of thousands of citizens who were forced to seek refuge in different countries …