09.10.2002 - Source: European Commission

European Commission: Intellectuals and journalists in prison for crimes relating to freedom of expression and social conscience did not benefit from the Amnesty Law ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 13364]

"In connection with reducing overcrowding in prisons, reference should be made to Law
No 4758 on Conditional Release and Postponement of Punishments (the so-called
‘Amnesty Law’). As reported in last year's Regular Report, the previous ‘Amnesty Law’
adopted in December 2000 was vetoed by the President and annulled by the
Constitutional Court in July 2001. It was resubmitted, unchanged, to Parliament, and
entered into force in May 2002. By September 2002, 43576 prisoners had benefited from
this law. . Intellectuals and journalists in prison for ‘crimes’ relating to freedom of
expression and ‘social conscience’ did not, however, benefit from the Amnesty Law. In
August 2002, President Sezer granted amnesty to two prisoners on hunger strike on the
grounds of their deteriorating health condition.
President Sezer again referred the Amnesty Law to the Constitutional Court, applying for
its annulment on the grounds that it was discriminatory. The Constitutional Court decided
to revoke Article 1 of the Law, which shortens jail terms for a number of crimes by ten
years. It is, however, unclear how the annulment of Article 1 will affect the current
enforcement of the law, and the Court rejected the President’s request to suspend the law
entirely."

Document(s): Open document

10.2002 - Source: UK Home Office

UK Home Office: Amnesty Law on the conditional release and the suspension of trials and sentences for offences committed up until 23 April 1999 ("Country Assessment - October 2002") [#9887],  [ID 13363]

"5.42 On 8 December 2000 the Turkish Parliament adopted an Amnesty Law (Law Number 4616 on the conditional release and the suspension of trials and sentences for offences committed up until 23 April 1999). On 15 December 2000 President Sezer returned the law to be debated again in Parliament; his legal objections to the measure were set out in a six-page explanation. Parliament again adopted the law, and on 21 December the President accepted the constitutional requirement to approve it.

5.43 The Amnesty Law provides that the perpetrators of certain offences committed before 23 April 1999 will have their sentences reduced by ten years and that those who have less than ten years left to serve will be released immediately. It also provides for the release of those in pre-trial detention for certain offences within one month and the conditional suspension of the charges against them, and for the conditional suspension of prosecution of those against whom charges have not yet been brought for those specific offences. Article 2 of the Law extends the scope of an earlier partial amnesty law to illegal public statements.

5.44 The scope of the law also includes Article 169 of the Turkish Penal/Criminal Code, affording assistance and support to an illegal organisation. This led to the release of 1,660 people convicted on the basis of that Article for support to the PKK prior to 23 April 1999 or to the dropping of charges on that basis. The Chief of Staff declared that this resulted in letting terrorists out on the streets, to which Prime Minister Ecevit responded that these were people who had often lent assistance or shelter under pressure or duress. The offences of "evasion of registration", "evasion of examination", "fraudulent evasion of military service" and "desertion" (Articles 63 to 68 and 70 to 75 of Law No. 1632 on the Military Criminal Code) also fall under the law, provided they were committed before 23 April 1999. Infringements of the Anti-Terror Law are not covered by the Amnesty Law because the constitution lays down that no amnesty is possible for such offences.

5.45 Under Article 2 of the law, a large number of people imprisoned for illegal utterances have been released or had charges dropped. Those convicted of torture, rape or corruption were not covered by the amnesty.

5.46 The Amnesty Law stipulates that fugitives from justice against whom proceedings are pending must report within one month of the entry into force of the Law. The deadline expired on 22 January 2001. According to the Ministry of Justice a total of 3,761 individuals had availed themselves of this opportunity as at 13 March 2001.

5.47 In response to a question about whether the Amnesty Law would be extended to cover crimes committed after 23 April 1999, a senior official at the Ministry of Justice informed the IND fact-finding mission that that he had no information on this and made the point that this was for Parliament to decide. He added that approximately 30,000 people had been released from the penal system under the existing amnesty. (The US State Dept. report for 2001 states that 23,600 prisoners were released).

5.48 On 18 July 2001 the Constitutional Court expanded the scope of the Law, giving Parliament six months (in practice, until 27 April 2002) to amend the legislation in line with its ruling. The scope was expanded to include those convicted of the following crimes: trying to get information by threat; forcing someone to make public his belief, political and social opinion; misuse of duty by civil servants; avoiding, or assisting in avoiding, capture by the authorities; and negligent fire, explosion, sea accident or cause of destruction. Despite several applications the Court ruled against expanding the scope to cover a range of crimes, including formation of a gang, torture, rape, financial crimes, embezzlement, prevention of competition in state tenders by threat and violence, manufacture and export of drugs, and fraudulent bankruptcy. It also declined to extend the timeframe to cover crimes committed after 23 April 1999. The ruling, by refusing to allow those convicted of financial crimes, and violence against the person, to benefit from the amnesty, sends an important signal to many, including those in the banking sector and involved in organised crime.

5.49 The law was resubmitted, unchanged to Parliament, and entered into force in May 2002. By September 2002 43,576 prisoners had benefited from this law."

Document(s): Open document

29.05.2002 - Source: BBC News

BBC: Amnesty law cancelled by the Constitutional Court ("Turkish judges throw out amnesty law") [#7208],  [ID 13365]

"Turkey's Constitutional Court has cancelled an amnesty under which thousands of prisoners were expected to be released - including the Pope's would-be assassin, Mehmet Ali Agca.
The court unanimously decided to revoke Article 1 of the amnesty law, which shortens jail terms by 10 years for a number of crimes.
However the annulment will not take effect until the decision has been published officially.

Correspondents say it is unclear how the court's decision will affect the enforcement of the amnesty law, under which a number of people have already been released. [...]"

Document(s): Open document