Amendment to the legislation referring to the death penalty (article 1 of the law amending certain laws) (August 2002)

LAW AMENDING VARIOUS LAWS

(August 2002)

ARTICLE 1. —

A) Excluding death penalties envisaged for crimes committed in the time of war or during the imminent threat of war, the death penalties foreseen in the Turkish Penal Code No. 765 dated 1.3.1926, Law No. 1918 on the Interdiction and Pursuit of Smuggling dated 7.1.1932 and Forests Law No. 6831 dated 31.8.1956 shall be converted into heavy life imprisonment.

In so far as,

The provisions of Articles 47, 50, 51, 55, 58, 59, 61, 62, 64, 65, 66, 102, 112, 451, 452, 462 and 463 of the Turkish Penal Code and Article 12 of Law No. 2253 on the Establishment, Duties and Trial Procedures of Juvenile Courts dated 7.11.1979 relating to the death penalty and,

Provisions on individuals who have received death sentences on the basis of Article 17 of the Turkish Penal Code and Article 19 and Additional Article 2 of the Law on the Execution of Penalties dated 13.7.1965, and whose death sentences have been commuted by the Turkish Grand National Assembly, are legally guaranteed.

B) According to the provisions of this Law, the time periods envisaged in Articles 70, 73 and 82 of the Turkish Penal Code for those individuals whose death sentences have been converted into heavy life imprisonment shall be doubled for ordinary and tripled for terror-related criminals.

According to the provisions of this Law, the provisions of the Law on the Execution of Penalties and the Anti-Terror Law No.3713 dated 12.4.1991 relating to conditional release shall not be applied to individuals whose death sentences have been converted to heavy life imprisonment. The heavy life imprisonment of such individuals shall continue until their death.