Turkey had hoped to deal a serious blow to terrorist groups targeting the country's security with the repentance laws, but the terrorists' response destroyed these hopes. Only 6,489 terrorists have so far surrendered to security forces under the laws. Around 2,600 of these were affiliated with the outlawed PKK. Only 735 of the PKK terrorists were released without punishment.
The figures demonstrate that Turkey will not be successful in its anti-terror fight with the repentance laws announced thus far. The latest of those laws was put into effect under Article 221 of the Turkish Penal Code (TCK), also known as the “active repentance law.” The article stipulates that terrorists who surrender to security forces will be released without punishment as long as they have not been involved in any armed clashes with security forces or any other terrorist attacks against Turkey.
The government is now planning to change the article in the hopes of strengthening efforts to settle the long-standing Kurdish question through a comprehensive democratization package. The demand for the change came from Chief of General Staff Gen. İlker Başbuğ, who called on the government to take further “legal steps” in the anti-terror fight, during a press conference in April.
The scope of the active repentance law will be expanded if the planned changes are realized. Those who turn themselves in for aiding and abetting terrorists to security forces will go unpunished. High-ranking terrorist group officials will, however, not benefit from the law.
Turkey announced its first repentance law in 1985. Around 500 terrorists surrendered, but only 29 were released without punishment. The laws announced in 1988, 1990, 1992, 1995 and 1999 ended in similar fiascos. The state has so far helped 54 reformed terrorists set up businesses and 108 others find jobs. Forty-three former members-turned-informants were given new identification cards and three others underwent plastic surgery.
