Palace advisor Mehmet Uçum wanted a special law for the process

The commission established in Parliament following the disarmament of a PKK group continues to meet. Chief Advisor to the President Mehmet Uçum has also frequently been in the news with his writings on the process. This time, Uçum argued that a special law should be drafted for the process.

Publishing an article titled "Legal Process in the Transition to a Terror-Free Türkiye" on his social media account, Uçum stated that Law No. 6551, enacted in 2014, was enacted to ensure the conditions for the dissolution and disarmament of the terrorist organization, but that now the organization has dissolved itself and is burning its weapons.

Uçum, arguing that even if the current laws were revised, they would not meet the needs, said, "A much more appropriate approach would be to create a new regulation that suits this situation. It could be argued that the new regulation would be implemented through amendments and additions to the relevant laws. However, making special regulations within general laws would create legal debate, including regarding equality. Therefore, the most appropriate solution would be to enact a separate and specific 'transition period law' that suits the current situation."

Uçum listed his recommendations under the title of "Characteristics of the Transitional Process Law":

Social integration and substantive and formal criminal law policies aimed at a terror-free Türkiye should be developed in accordance with the characteristics of the transition process. Accordingly, the elements of legal policy related to the law can be listed as follows:

Uniqueness: Meeting all needs with a single special law separate from the relevant general laws, and proceeding by making additions to this law if additional norms are required, is a correct legal policy in many respects.

Temporality: It must be a temporary law that is implemented during the transition period and ends when the period ends.

Speciality: The law must be special and only cover individuals who are active and supporting elements of the dissolved terrorist organization. This matter must be written clearly and beyond dispute as a standard. The constitutional principle of equality is to apply the same rules to those in the same situation. Different rules may apply to those in different situations. Therefore, enacting a special law that takes into account this unique situation of the dissolved terrorist organization does not violate the principle of equality.

Originality: The content of the law must be based on the originality of the goal of a Terror-Free Turkey, a conflict resolution model unique to Turkey. The core characteristics of this model are the unconditional, unconditional, and non-negotiable end to terrorism, the expansion of democratic space, the end of narrow identity politics, the dominance of country- and community-based politics in all media, and the strengthening of democracy. Unique aspects consistent with this character also form the basis of the legal approach.

Comprehensiveness: The law must cover all the issues required for transition. In this context, the main areas of emphasis are participation and integration in social and economic life, criminal and execution law, and social law.

Consensus: One of the most crucial requirements of the transition process is to achieve the broadest and most adequate social and political consensus possible. Commission work can offer significant opportunities for achieving consensus.

"IT SHOULD NOT BE UNCONSTITUTIONAL"

Uçum continued:

The general principles regarding the transitional law can be expressed under two headings. The first is the need for the law to be drafted in accordance with the Constitution. Forcing approaches that would violate the Constitution will be futile and will harm the transitional process. Second, when preparing the transitional law, compliance with the sensitivities and red lines of the State, Country, and Nation should be considered as a fundamental criterion.

"GENERAL DEMANDS ARE NOT ESSENTIAL DURING THE TRANSITION PROCESS"

Conclusion: The fundamental nature of transitional law is to regulate the conditions necessary for a successful transition. During the transitional process, the key is not general demands and rights, but the technical and practical legal conditions that will ensure transition for those within the scope of the transition. Once the transitional process is complete, these individuals are integrated into the existing system of rights and obligations. Subsequently, initiatives to strengthen national democracy and enhance rights and freedoms are brought to the forefront and implemented through consensus.

Source: News Center