The bill, officially titled Law Proposal on the Execution of Penal and Security Measures and Amendments to Certain Laws, commonly known as the 10th Judicial Reform Package, was passed by the General Assembly of the Grand National Assembly of Turkey and has now entered into force. While the legislation sparked debate in political circles and among the public, eight articles, including those concerning internet regulations and the detention of minors, were removed from the final draft through inter-party consensus.

Şilan Çelik, Deputy Chairperson of the Diyarbakır (Amed) Bar Association, shared her assessment of the new judicial package and the ongoing peace process in an interview with ANF. Çelik stated, “The 10th Judicial Reform Package was awaited with great anticipation and significance. But when we look at the proposed changes regarding the execution of sentences, we see that the scope has been kept extremely narrow. This limited scope has made people feel that the enthusiasm and the importance given to this process are actually quite low.”

Urgent need to address the condition of ill prisoners

Şilan Çelik emphasized that the new judicial reform package does not meet the expectations related to the current process and said, “Legal changes are needed for this process, and we have always expressed this. Steps must be taken regarding this. Of course, not everything will happen at once, and not all changes will be made immediately. However, among the steps to be taken, certain very essential issues must be addressed without spreading them over too much time or causing delay. One of these is the need to make a regulation regarding enforcement. This is an issue that concerns a large part of society.

Another issue within enforcement is the section concerning ill prisoners. Not only ill prisoners, but the situation of all prisoners under current prison conditions is urgent. However, the situation of ill prisoners is even more urgent. For this reason, steps to be taken in this regard must be taken more urgently and quickly. Therefore, the regulations to be made regarding this must also be implemented faster and in a more result-oriented way. However, in this judicial reform proposal, we see that this has not been done, and that the scope regarding ill and political prisoners has been kept narrow. We are faced with a bill that considers a report from the Forensic Medicine Institution (ATK) sufficient to decide whether ill prisoners will remain under prison conditions. This does not seem right in its current form. Because the Forensic Medicine Institution reports are often lacking. In this context, reports from independent health institutions must also be taken into account.”

Legal regulations should not be left solely in the hands of the government

Şilan Çelik stated that it is not correct to evaluate the process solely through the judicial reform package and the proposed law. She said, “When the historical call for this process was made, all parties were already aware that it would not happen all at once. This process will take time. Certain steps will be taken during this period. Regarding this, we always say the following: for this process to succeed positively, legal changes are essential. Because legal changes are important for the process to proceed more reliably on a legal basis. We have a new legislative year ahead. New changes will be made in this new legislative year. The steps to be taken in this process and the legal changes to be made must be carefully considered, and all parties involved must be consulted, all sides must be included, and a legal regulation must be made accordingly. It should not be left solely in the hands of the government. A commission must be established in parliament regarding this issue. Only in this way can the changes lead to a lasting solution. Because otherwise, legal proposals submitted solely by the government will remain insufficient.”

The state must fulfill its responsibility

Şilan Çelik stated that the state must fulfill its responsibility regarding the peace process and concluded her remarks as follows: “Steps must be taken in a way that provides legal assurance for all parties involved. The place for resolving this issue has always been the parliament. Decisions to be made in parliament and legal changes to be enacted will lead the process in a positive direction. At present, there are very serious deficiencies in the laws in Turkey. In our legislation, especially in the Penal Code, there are very vague definitions of crimes. These vague definitions need to be changed.

*The article in the Municipality Law that allows for the appointment of trustees must be amended.

*Legal changes must be made to allow Kurds to access and exercise their social and economic rights in the public sphere.

A special commission should be established in parliament regarding these matters, and legal proposals must be developed within this commission to implement the necessary changes. If these changes are not made through such a commission, we will continue to face serious deficiencies, as we saw in the 10th Judicial Reform Package.”