Government sends mixed signals on amnesty law

The government is considering a new law to encourage members of the PKK to leave the separatist group, Prime Minister Recep Tayyip Erdoğan was quoted as saying on Saturday to reporters while en route to Lisbon for an EU summit on Africa. "Earlier we passed a law, but the number of people who benefited from it did not reach the desired level," Erdoğan was quoted as saying in many of Sunday's newspapers. "With a new initiative we can minimize the number of people going to the mountains [joining the PKK]; we can eradicate that. Then we can encourage people to come down from the mountains," he said.

Erdoğan said his government is working on the plan in collaboration with the Turkish Armed Forces (TSK) and that it had no intention of carrying out talks with the PKK. "We're not negotiating with anyone. We will say, 'This is the law, come turn yourselves in',"  he said.

Many analysts interpreted Erdoğan's words as Turkey considering the passage of a new amnesty law, but Cemil Çiçek, the state minister for coordination of counterterrorism efforts, said the prime minister's words should not be perceived as plans to pass a new amnesty law. "We have no intention of passing a new amnesty law," Çiçek told Today's Zaman.

Turkish law currently allows members of the PKK who have not been involved in attacks to avoid punishment if they turn themselves in and inform on the group. Çiçek said the prime minister's plan is about extending previous amnesty laws. "As long as the current laws are enforced, those wishing to benefit from these laws may do so. A separate regulation will not be necessary. You cannot prevent people from joining the terrorists with laws. You can only make this possible with measures that you take. The government is taking every economic, social and cultural step to prevent new people from joining the group."

Çiçek said 353 people have benefited from the current law. “It is possible to reach the desired solution by implementing this article.”

The minister recalled that similar laws had been passed when the state needed them. “No party has initiated an amnesty law by itself. Well, have these laws worked? They have in part. Currently, there is no new amnesty law on the agenda. It is necessary not to misinterpret the words of the prime minister.” Nobody should expect such a step, the prime minister said, and reiterated his belief that it is completely possible to reach the desired target with the current law.

Past amnesties

A number of laws to pardon PKK militants and to encourage them to return to their homes have been enacted in the past, but by and large they have failed. PKK members already in jail and radical religious fundamentalist terrorists took advantage of these laws, which were passed under names such as “Law of Regret,” “Law of Reintegration to Society” and “Law of Returning.” Seven such laws were passed in the years 1985, 1988, 1990, 1999 and 2000. In 1995 members of various terrorist groups availed themselves of these amnesty laws; however, these were mostly religious extremist groups such as Hezbollah and the Great East Islamic Raiders Front (İBDA-C).

The government is planning to organize a campaign to make the members of the terrorist group aware of Article 211 of the Turkish Penal Code (TCK), which guarantees no punishment for militants who have not been involved in attacks. The government will also be seeking the help of the media on this issue. The target group is mostly individuals who might be trying to leave the terrorist group but are unable to escape. In the regions of eastern and southeastern Anatolia, various methods will be employed to explain who exactly can benefit from this law.

The article also allows a reduction from one-third to three-quarters of the penalty stipulated by the law for leaders and those militants who have actively been involved in attacks.