İZMİR - Assessing the framework law adopted by Parliament, Özcan Sarıoğlu, co-chair of the İzmir branch of the ÖHD, said: “This law is neither capable of resolving the entire process nor something that warrants a negative view; it is the first step toward the beginning of a long journey.”

 

Criticism of the framework law adopted by Parliament following Kurdish People’s Leader Abdullah Öcalan’s call continues to be voiced. Lawyer Özcan Sarıoğlu, co-chair of the İzmir branch of the Association of Lawyers for Freedom (ÖHD), said the law represented an important first step toward bringing the conflict to an end.

 

Sarıoğlu said the law was a valuable first step toward a process in which weapons are taken out of the equation and the issue can be discussed on a legal basis and through democratic means. He said: "Following Mr. Abdullah Öcalan’s call on February 27, 2025, we have witnessed many historic moments in the Peace and Democratic Society Process, including dissolution congress, the weapon-burning ceremony, and the withdrawal of armed forces across the border. Yet, for the first time in this nearly two year long process, we are entering a phase grounded in legal framework. It is extremely important step toward achieving this, and the law needs to be viewed in that context. Of course, it has its own shortcomings and contradictions, and it bears more of the marks of security-oriented policies rather than of a restorative justice mechanism or a peace process perspective. This law is neither capable of resolving the entire process nor something that warrants a negative view; it should be seen as the first step toward the beginning of a long journey.”

 

‘LEGAL AMBIGUTIES IN THE LAW NEED TO BE RESOLVED’

 

Sarıoğlu said the provision concerning PKK members, which refers to “committing a terrorist offense again” or “not committing a terrorist offense again”, is highly ambiguous and poses risks in terms of legal certainty. Sarıoğlu added: “The law has shortcomings, including its exclusion of people who received life or aggravated life sentences before June 1, 2005, as well as those convicted of, or subject to investigation or prosecution for murder. At a time when the focus is on PKK members becoming political actors in the process, rather than the issue being addressed through armed conflict, it is a shortcoming that the law does not cover those convicted before 2005 or those facing investigation or prosecution. The law also states that if a terrorist offense is committed again during the five or ten year suspension periods, the suspension will be revoked and those individuals will have to serve the remainder of their sentences. For years, we have seen terrorist offenses interpreted very broadly. There are numerous contradictions both in the references made to various laws, particularly the Anti-Terror Law (TMK), and within the TMK itself, and these provisions have often been applied broadly by courts and prosecutors.The phrase, ‘in the event of a terrorist offense being committed’ is itself a highly vague and incomplete term. Because we know that in Turkey, politicians, mayors, party officials or even people who simply want to make a statement or share something on social media can face a range of charges, including terrorist organization propaganda. They can be subjected to investigations, prosecuted, and in some cases, convicted.”

 

‘EVERYONE MUST FULFILL THEIR RESPONSIBILITES IN THIS PROCESS’

 

Sarıoğlu said the ÖHD and human rights organizations have major responsibility to monitor and advance the process and must fulfill that responsibility. Sarıoğlu continued: “We, as the Association of Lawyers for Freedom, also have demands in terms of monitoring both the legal consequences of this first step and any rights violations that may arise from the ambiguous provisions in the law, while also taking responsibility in this process. At a stage when this long-running conflict is finally being brought to an end and we can begin discussing the law and strengthening the legal framework, other institutions must also do their part and do more.”