No legal basis for discussion on capital punishment
No legal basis for discussion on capital punishment
“The discussion on death penalty which has been a current issue in Turkey have no legal basis. Death penalty is already off the agenda of the country.” said Öztürk Türkdoðan, the Chairman of the Human Rights Association in Turkey (IHD).
While the Nationalistic Movement Party (MHP) has been trying to make death penalty acquire currency following the attacks by the Kurdish guerrillas, it has been confusing the public opinion whether the death penalty given to the imprisoned Kurdish leader Abdullah Öcalan can be executed who has been kept in Imrali Island in solitary confinement since his capture in February 1999 as a result of an international cooperation of intelligence services.
IHD chairman stated that in order to inform the public opinion as well as prevent any confusion within the public regarding death penalty they found it necessary to issue a press release. The statement indicates that, “Apart from war time, death penalty was abolished in Turkey in 2004 with the amendments done on the articles 15 and 17 of the Turkish Constitution. Therefore, a punishment which is clearly banned in the Constitution cannot be implemented through any special laws.
On the other hand, Turkey is a member of the Council of Europe (CoE) and a signatory party to the Europe Convention on Human Rights (ECHR) as well as it Optional Protocol Nr. 6 which abolishes death penalty. Turkey has signed and ratified the optional protocol against death penalty and it came into force in 2003.
Meanwhile, Turkey is a party to the United Nations International Convention on Civil and Political Rights (ICCPR) and its Optional Protocol Nr. 2 which banns death penalty. This Protocol came into force for Turkey after being published in the Official Gazette in 2005.
Under the Article 90 of the Turkish Constitution, international conventions on fundamental rights and liberties as well as their optional protocols cannot be claimed to be in breach of the Constitution and these conventions have the priority to be applied if they clash with a national law. A practice against these conventions and their optional protocols will jeopardise Turkey’s membership with these international and regional organisations.
Similarly, paragraph 2 of the article 7 of the Turkish Penal Code states that when the law at the date of a crime and the law came into force later clash then the provisions in favour of the defended are taken into consideration. This is also a general principal of criminal law.”
IHD chairman also stated that the politicians who are using death penalty as a political matter should learn about the legal conditions before invoking it. He further stated that “Abdullah Öcalan’s right to life is protected under the international and regional instruments as well as the Turkish Constitution. Such discussions will not only harm social peace but also obstruct a solution for the Kurdish problem.”
While the Nationalistic Movement Party (MHP) has been trying to make death penalty acquire currency following the attacks by the Kurdish guerrillas, it has been confusing the public opinion whether the death penalty given to the imprisoned Kurdish leader Abdullah Öcalan can be executed who has been kept in Imrali Island in solitary confinement since his capture in February 1999 as a result of an international cooperation of intelligence services.
IHD chairman stated that in order to inform the public opinion as well as prevent any confusion within the public regarding death penalty they found it necessary to issue a press release. The statement indicates that, “Apart from war time, death penalty was abolished in Turkey in 2004 with the amendments done on the articles 15 and 17 of the Turkish Constitution. Therefore, a punishment which is clearly banned in the Constitution cannot be implemented through any special laws.
On the other hand, Turkey is a member of the Council of Europe (CoE) and a signatory party to the Europe Convention on Human Rights (ECHR) as well as it Optional Protocol Nr. 6 which abolishes death penalty. Turkey has signed and ratified the optional protocol against death penalty and it came into force in 2003.
Meanwhile, Turkey is a party to the United Nations International Convention on Civil and Political Rights (ICCPR) and its Optional Protocol Nr. 2 which banns death penalty. This Protocol came into force for Turkey after being published in the Official Gazette in 2005.
Under the Article 90 of the Turkish Constitution, international conventions on fundamental rights and liberties as well as their optional protocols cannot be claimed to be in breach of the Constitution and these conventions have the priority to be applied if they clash with a national law. A practice against these conventions and their optional protocols will jeopardise Turkey’s membership with these international and regional organisations.
Similarly, paragraph 2 of the article 7 of the Turkish Penal Code states that when the law at the date of a crime and the law came into force later clash then the provisions in favour of the defended are taken into consideration. This is also a general principal of criminal law.”
IHD chairman also stated that the politicians who are using death penalty as a political matter should learn about the legal conditions before invoking it. He further stated that “Abdullah Öcalan’s right to life is protected under the international and regional instruments as well as the Turkish Constitution. Such discussions will not only harm social peace but also obstruct a solution for the Kurdish problem.”
