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LAW OF RESOCIALIZATION

Act Nr. 4959 of 29 July 2003

Published in the Official Gazette Nr. 25191, dated 06 August 2003

Purpose

Article 1–The purpose of this Law is the resocialization of members of terrorist organizations that were formed in order to commit crimes for political and ideological purposes, and prevalence and furtherance of the social peace and solidarity.

Scope and Definition

Article 2–This Law shall be implemented on

a) Those who, having been members of a terrorist organisation, surrender themselves of their own or indirectly, without showing armed resistance, those who are understood to have retreated from the organisation of their own, or those who have been apprehended and either
 
1) have not taken part in the crimes committed by the terrorist organisations, or
 
2) have taken part in such crimes

b) Those who aided and abetted members of terrorist organisations through giving them shelter, provisions, arms or ammunition, or through other means, in knowledge of their position and role.

It is understood that the term “terrorist organisation” under this Law shall mean any organisation, association, armed organisation, gang, armed gang or secret conspiracy, that has been established in order to commit crimes for political and ideological purposes, as specified under the Turkish Criminal Code, Act Nr. 765, dated 01 March 1926, and under other special laws including criminal provisions.

Persons who are not entitled to benefit from the Law

Article 3 – Provisions of this Law shall not be implicated on

a) Those who are leading a terrorist organisation, having effect on its entirety, by taking a role in its leading unit of the highest level, whatever name such level may bear,

b) Those who, while falling under the scope of this Law, deny their previous testimonies before the judge, before the judgment becomes final, or those who declare that they do not wish to benefit from the provisions of this Law,

c) Those who, after being subject to the provisions of the Law 3216, dated 05 June 1985, Law 3419, dated 25 March 1988, Law 3618, dated 21 March 1990, Law 3853, dated 26 November 1992, Law 4085, dated 28 February 1995, Law 4450, dated 26 August 1999 or Law 4537, dated 24 February 2000, commit again one of the crimes falling under the scope of said laws.
Attenuation of sentences, declaration in bad faith and recidivism

Article 4 – Among members of a terrorist organisation,
a) Those who have not participated as perpetrator or accessory to crimes committed by the terrorist organisation, and, after the entry into force of this Law, have surrendered themselves of their own or indirectly, without showing armed resistance, or those who are understood to have retreated from the organisation, shall not be subject to criminal punishment, if they declare that they wish to benefit from this Law.

b) Those who, before the entry into force of this Law, have participated as perpetrator or accessory to crimes committed by the terrorist organisation, and, after the entry into force of this Law, have surrendered themselves of their own or indirectly, without showing armed resistance, or those who are understood to have retreated from the organisation, shall, according to the nature and characteristics of the crime they have committed, be sentenced to twelve years of imprisonment for crimes requiring an aggravated life sentence, as transformed from a previous death penalty, to nine years of imprisonment for crimes requiring a life sentence, and for one fifth of the original penalty for other crimes, if they declare that they wish to benefit from this Law, and if, in addition, they provide true and verified information regarding the structure and activities of the terrorist organisation, crimes committed by it and other perpetrators, as consistent with their position and activities within the organisation.

c) Those who, before the entry into force of this Law, have or have not participated as perpetrator or accessory in the crimes committed by the terrorist organisation, but have been apprehended after the entry into force of this Law, and declare that they wish to benefit from this Law and provide information as consistent with their position and activities within the organisation, and thus provide help in the dissociation or uncovering of the terrorist organisation, or, through provided data and documents, or through personal effort, prevent the commission of the crime that composes the purpose of the terrorist organisation, shall be subject to an attenuation of their sentences as follows;
   
1) Those who provide information before their judgment becomes final, shall, according to the nature and characteristics of the crime they have committed, be sentenced to sixteen years of imprisonment for crimes requiring an aggravated life sentence, as transformed from a previous death penalty, to fourteen years of imprisonment for crimes requiring a life sentence, and for one third of the original penalty for other crimes.
   
2) Those who provide information after their judgment becomes final, shall, according to the nature and characteristics of the crime they have committed, be sentenced to twenty-two years of imprisonment for crimes requiring an aggravated life sentence, as transformed from a previous death penalty, to nineteen years of imprisonment for crimes requiring a life sentence, and for one half of the original penalty for other crimes.

If it is discovered that declarations made with the purpose of benefitting from the provisions of this Law have been made in bad faith, or that evidence has been fabricated, the perpetrator shall be punished with imprisonment of no less than five years, in addition to any punishment resulting from the act as such, and shall not benefit from the provisions of this Law.

The sentences of those who, after having benefitted from this Law, commit again any of the crimes under this Law within periods of time specified under art. 81 of the Turkish Criminal Code, shall be aggravated by one half.

The provisions of this article shall also be implemented to those who, not being members of a terrorist organisation, provide arms and ammunitions to members of a terrorist organisation. However, those who only provide shelter or provisions or otherwise aid and abet members of terrorist organisations shall not be punished, if such members fall under the scope of paragraph 1 of this article.

Protective measures

Article 5 – Those who have been subject to article 170 and article 171, last paragraph of the Turkish Criminal Code, have provided information in consistence with their position and activities within the structure of the terrorist organisation, and thus have benefitted from this Law, shall, upon their will, be subject to protective measures and all kinds of measures of resocialization as specified by the Ministry of Interior, even before the judgment of the court becomes final.

During the implementation of measures, the Ministry of Interior and other relevant authorities and institutions must obey all rules of secrecy. Those who violate the provisions of this paragraph shall be punished with imprisonment of two to three years.

Persons to be subject to protective measures, the type, form and expenses in relation to such measures shall be specified under a Regulation to be issued by the Ministry of Interior. Relevant authorities and institutions shall immediately comply with the requests of the Ministry of Interior.

Expenses regarding the implementation of protective measures shall be made from the funds to be placed under the relevant account of the budget of the Ministry of Interior. Expenditure from this account follows accruement according to the principles specified under the amended article 77 of the Law 1050 on Public Accounting, dated 26 May 1927. Such expenditure shall not be subject to the provisions of the Law 4734 on Public Tenders, dated 04 January 2002.

New identities of those whose identity has been changed under this article shall be kept in their judicial records, and these records shall only be kept at the central judicial registry at the Ministry of Justice, Department of Judicial Records and Statistics.

Regarding persons benefitting from protective measures under the Law 3216, dated 05 June 1985 or under the Law 3419, dated 25 March 1988, such measures shall continue to be implemented.

Verification of delivered information

Article 6 –If, under this Law, authorities and courts have been provided with information, authorities and courts shall notice the Ministry of Interior immediately and under classification of secrecy.

Regarding the implementation of this Law, the Court shall, by using the means of the Ministry of Interior, verify the information and statement provided. The Court shall send to the Ministry of Interior a file including all statements and declarations of the accused at every stage of the proceedings. Following the decree of the Court, the Ministry of Interior shall investigate the matter as soon as possible, and deliver a reasoned report to the Court.

If deemed necessary for the verification of delivered information, convicted or arrested persons may be removed from the correctional facility or from the jail, upon an application of the authority that is in charge of the investigation, by request of the public prosecutor, with the consent of the convicted or arrested person, or following a decision of the court. The period to be spent under custody shall be determined by the court, taking into account the characteristics of the case. The judge hears the convict or arrestee each time before deciding on the matter. However, this period may not surpass four days each time, or fifteen days in total. This period counts as having been served. The medical condition of the convict or arrestee shall be documented by a physician’s report each time he or she leaves the correctional facility or jail, or returns to it. A copy documenting every procedural act undertaken under custody shall be sent to the Ministry of Interior in order to be kept in his or her file.

In cases where this Law is implemented, the Court may postpone the execution of the sentence, if it deems this necessary.

A copy of the judgment regarding persons benefitting from the provisions of this Law shall be sent to the Ministry of Interior following the judgment having become final.

During procedural acts to be undertaken regarding persons that are subject to protective measuresunder the scope of article 7 of the Law on Fight Against Criminal Organisations [abrogated], Act nr. 4422, dated 30 July 1999, it shall be investigated by the relevant unit of witness protection, whether such persons are also subject to protective measures under this Law.

Abrogated provisions

Article 7 – Law 3419 on the Provisions to be Implemented on the Perpetrators of Some Crimes, dated 25 March 1988 has been abrogated with all of its additions and amendments. All references to the abrogated Law 3419 shall be regarded as referencing this Law.

Provisional article

Provisional Article 1 – Among members of a terrorist organisation, those who have retreated from the organisation on their own, those who surrender themselves or have been apprehended before the entry into force of this Law, shall be subject to the provisions of this Law on the condition that they have fulfilled the conditions applicable to their situation, provided that they apply to an authority or to the Court and declare that they wish to benefit from this Law within six months beginning with the date of entry into force of this Law.

Entry into force

Article 8 – This Law shall enter into force on the date of its publication, however, the first and last paragraphs of article 4 shall be repealed six months after its publication.

Enforcement

Article 9 – This Law shall be enforced by the Board of Ministers.