Adoption date: 12/04/1991
Date of the Official Gazette: 12/04/1991
Number of Official Gazette: 20843 Repetitions
PART ONE: DEFINITION OF TERRORISM AND TERRORIST OFFENCES
DEFINITION OF TERRORISM
Article 1 – (Amended paragraph: 15/07/2003 – Decision Numbered 4928 /article 20) Terrorism; is any kind of act done by one or more persons belonging to an organization with the aim of changing the characteristics of the Republic as specified in the Constitution, its political, legal, social, secular and economic system, damaging the indivisible unity of the State with its territory and nation, endangering the existence of the Turkish State and Republic, weakening or destroying or seizing the authority of the State, eliminating fundamental rights and freedoms, or damaging the internal and external security of the State, public order or general health by means of using force and violence and by pressure, intimidation, oppression or threat methods.
(Abolished Paragraph: 29/06/2006 – Decision Numbered 5532 Article 17)
(Abolished Paragraph: 29/06/2006 – Decision Numbered 5532 Article 17)
Article 2 – Any member of an organization, founded to attain the aims defined in Article 1, who commits a crime in line with these aims, individually or in concert with others, or any member of such an organization, even if he does not commit such a crime, shall be deemed to be a terrorist offender.
Persons, who are not members of a terrorist organization, but commit a crime in the name of the organization, are also deemed to be terrorist offenders and shall be subject to the same punishment as members of such organizations.
TERRORIST OFFENCES
Article 3 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 2)
Offences defined in Articles 302, 307, 309, 311, 312, 313, 314, 315 and 320 and first paragraph of 310 of the Turkish Penal Code which is dated 26/9/2004 and numbered 5237.
OFFENCES COMMITTED FOR TERRORIST PURPOSES
Article 4 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 3)
If the following offences are committed within framework of a terrorist organization founded for the purposes as described in Article 1, they are considered as terrorist offence:
a) Offences in Articles 79, 80, 81, 82, 84, 86, 87, 96, 106, 107, 108, 109, 112, 113, 114, 115, 116, 117, 118, 142, 148, 149, 151, 152, 170, 172, 173, 174, 185, 188, 199, 200, 202, 204, 210, 213, 214, 215, 223, 224, 243, 244, 265, 294, 300, 316, 317, 318 and 319 and second paragraph of 310 of the Turkish Penal Code.
b) Offences defined in Law on Firearms and Knives and Other Tools dated 10/7/1953 and numbered 6136.
c) Offences of deliberate forest fires defined in fourth and fifth paragraphs of article 110 of Law on Forest dated 31/8/1956 and numbered 6831.
ç) Offences defined in Law on Fight to Struggle and require imprisonment dated 10/7/2003 and numbered 4926.
d) Offences of incidents, in regions where state of emergency are declared in accordance with article 120 of the Constitution, cause declaration of state of emergency.
e) Offences defined in Article 68 of the Law on Protection of Culture and Natural Subsistences dated 21/7/1983 and numbered 2863.
INCREASE OF SENTENCES
Article 5 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 4)
Penalties of imprisonment and fines imposed according to the respective laws for those committing crimes as described in Articles 3 and 4 above shall be increased by one half. In doing so the penalties may exceed the maximum penalty for that or any other crime. However aggravated life imprisonment is ruled instead of life imprisonment.
Should increase of sentence, because of committing offence within activity/ies of organization, is set forth in relevant article; the increase of sentence is applied in accordance with sentence only in this article. However increase of sentence cannot be less than 3/2 of sentence.
DISCLOSURE AND PUBLICATION
Article 6 – Those who announce that the crimes of a terrorist organization are aimed at certain persons, whether or not such persons are named, or who disclose or publish the identity of officials on anti-terrorist duties, or who identify such persons as targets shall be punished with a fine of between 5 and 10 million Turkish liras.
Those who print or publish leaflets and declarations of terrorist organizations shall be punished from one to three years imprisonment.*1
Those who, in contravention of Article 14 of this law, disclose or publish the identity of informants shall be punished from one to three years imprisonment.*1
(Amended paragraph: 29/06/2006 – Decision Numbered 5532 Article 5) If actions, which are abovementioned, are done via press and publication, owners and editors in charge, who do not commit offence, of press and publication organs shall be punished by imposition of fines from one thousand days to ten thousand days. However maximum period for editors in charge is five thousand days.
(Additional paragraph: 29/06/2006 – Decision Numbered 5532 Article 5) Periodicals, which encourage committing offence within the framework of terrorist organization activities openly, praising committed offences and offenders or include propaganda of terrorist organization shall be suspended via decision of judge; periodicals might be suspended as a precaution from fifteen days to one month via Public Prosecutor’s order in case delay may cause harm. Public prosecutor informs judge about this decision within maximum 24 hours. If judge does not approve decision of suspension within forty eight hours, it will become ineffective.
TERRORIST ORGANIZATIONS
Article 7 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 6)
Those who found, manage and member of organizations as specified in Article 1 to commit offences by using force and violence and by pressure, intimidation, oppression or threat methods shall be punished in accordance with decisions in Article 314 of Turkish Penal Code. Those who organize activities of organization shall be punished as manager of organization.
Those who make propaganda for a terrorist organization shall be punished from one to five years imprisonment. Should offence is committed via press and publication, sentence increases in half period. Moreover owners and editors in charge, who do not commit offence, of press and publication organs shall be punished by imposition of fines from one thousand days to ten thousand days. However maximum period for editors in charge is five thousand days. The following actions and behaviours shall be punished in accordance with decisions of paragraph:
a) In order to hide identity, covering face completely or partially in meetings and demonstrations which become propaganda of terrorist organization.
b) Carrying out emblems and signs, shouting slogans or broadcasting via sound equipments or wearing uniforms designed with emblem or signs of terrorist organization in a manner that indicates being member or supporter of terrorist organization.
If offences defined in the second paragraph are committed in association, foundation, political party, labour or professional association or in building, clubhouse, office or additional buildings that belong to these organizations or in educational institutions or dormitories or additional buildings that belong to these institutions; the sentence will be ruled as double.
FINANCE OF TERRORISM
Article 8 – (Abolished article: 15/07/2003 – Decision Numbered 4928 /article 19; Revision: 29/06/2006 – Decision Numbered 5532 Article 7)
Anyone who provides fund-raising or collecting fund willingly and knowing completely or partially that it would be used for terrorist offences shall be punished as member of organization. Offender is punished with this sentence even fund is not used.
Fund is the first paragraph of this article means; money or any kind of items of which value is associated with money, claim, debt, income and interest and value of income and interest that are outcome of exchange of these items.
QUALIFIED CIRCUMSTANCE
Article 8/A – (Additional article: 29/06/2006 – Decision Numbered 5532 Article 7)
If offences identified within context of this law are committed by abusing his/her influence of public service, sentence increases in half-period.
RESPONSIBILITY OF LEGAL PERSONS
Article 8/B – (Additional Article: 29/06/2006 – Decision Numbered 5532 Article 7)
If offences identified within context of this law are committed within framework of activity by legal person, security precautions that are specific to article 60 of the Turkish Penal Code are ruled.
PART TWO: ADJUDICATORY PROCEDURES
DETERMINATION OF FRAMEWORK OF TASK AND JUDICIARY
Article 9 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 8)
Cases related with offences within the scope of this law are to be tried in heavy penal court that is stated in first paragraph of Article 250 of the Code of Criminal Procedure dated 4/12/2004 and numbered 5271. Cases against those who are over 15 are to be tried in these courts.
PROCEDURE OF INVESTIGATION AND PROSECUTION
Article 10 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 9)
In regard to offences within the scope of this law; if there is no decision in Article from 250 to 252 about subjects, other decisions are applied. However;
a) Should there is a possibility of danger for aim of investigation; only one relative of person, who is caught or detained or whose detention period is extended, is informed about his/her situation via order by Public prosecutor.
b) Suspect can get legal aid from only one lawyer during detention period. Suspect’s right of meeting with his/her lawyer can be limited for 24 hours via judge decision upon demand by Public prosecutor, however; statement is not taken during this period.
c) While suspect’s statement is taken by police, only one lawyer can be present.
ç) Instead of full identities only registration numbers, of relevant officers, are written in official reports that are prepared by police.
d) Should examination of file content and making copy of it by lawyer may cause danger for aim of investigation, lawyer’s authority can be limited via judge decision upon demand by Public prosecutor.
e) In investigations related with offences within the scope of this law; lawyer’s documents, files about defence and records of speeches with suspect cannot be investigated. However; if there is any finding or document which show that lawyer acts as communicator among members of terrorist organization; an officer can be present in meetings and also documents, which are exchanged by lawyer and suspect, can be examined via judge decision upon demand by Public prosecutor. Judge makes decision about giving or not documents completely or partially. Those who are concerned can appeal about this decision.
f) Exceptions in sub clause in number (8) of clause (a) of paragraph six of article 135, sub clause in number (2) of clause (a) of paragraph seven of article 139 and sub clause in number (5) of clause (a) of first paragraph of article 140 of the Code of Criminal Procedure are not applied.
g) Decision of paragraph second of article 92 of Law on Executions of Sentence and Security Precautions Dated 13/12/2004 and Numbered 5275 are applied also within scope of offences specified in this Law.
LENGTH OF DETENTION
Article 11 – (Abolished article: 18/11/1992 – article 3842/31)
TESTIMONIES OF INTERROGATORS/INVESTIGATORS
Article 12 – (Abolished article: 29/06/2006 – Decision Numbered 5532 Article 17)
NOT MAKING DECISION TO DELAY ANNOUNCING COURT DECISION, PROHIBITION ON COMMUTATION IT (COURT DECISION) TO ALTERNATIVE SANCTIONS AND ON SUSPENSION
Article 13 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 10; Decision Numbered: 01/03/2008 – 5739 /article 3)
In accordance with Article 231 of the Code of Criminal Procedure; announcing court decision in regard to offences within the scope of this law cannot be delayed; imprisonment cannot be commuted into alternative sanctions and suspended. However these decisions cannot be applied to children under fifteen.
NON-DISCLOSURE OF THE IDENTITY OF INFORMANTS
Article14 – The identity of those providing information about crimes or criminals within the scope of this law shall not to be disclosed, unless the informant has given permission or the nature of the information constitutes a crime by the informant.
LAWYER APPOINTMENET
Article 15 – (Amended article: 29/06/2006 – Decision Numbered 5532 S.K 11)
Where chiefs and officers of police and intelligence or other officials engaged in fighting terrorism are publicly prosecuted for crimes allegedly committed during the course of their duty, they shall be represented by a maximum of three lawyers whose fees shall be paid by the relevant institution, to which they were attached, regardless of the amount of fees charged by the lawyers.
Principles and procedures in regard to payment of lawyer/s fee shall be regulated in guidelines to be prepared by collectively Ministries of National Defence and Interior Affairs.
PART THREE: EXECUTION OF SENTENCES
EXECUTION OF SENTENCES AND HOLDING OF PRE-TRIAL DETAINEES
Article 16 – (Abolished article: 29/06/2006 – Decision Numbered 5532 Article 17)
CONDITIONAL RELEASE
Article 17 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 12)
Paragraph four of article 107 and decisions of article 108 of the Law on Executions of Sentence and Security Precautions Dated 12/12/2004 and Numbered 5275 are ruled in terms of conditional release and controlled release of those convicted under this law.
Those who may have escaped during pre-trial detention or as convicts, or may have attempted to escape, or were convicted for insurrection against the prison administration and who has been sentenced to cell punishment three times shall not benefit from conditional release, even if their disciplinary punishment has been lifted.
Convicts under the provisions of this law who commit another crime under this Law after their sentence has been confirmed shall not benefit from conditional release.
Terrorist offenders, whose death penalties have been converted into aggravated life imprisonment via Law on Making Changes in Different Laws dated 3/8/2002 and numbered 4771 which has been amended with article 1 of law dated 14/7/2004 and numbered 5218 and whose death penalties have been converted into aggravated life imprisonment or who convicted aggravated life imprisonment cannot benefit from conditional release. Aggravated life imprisonment is applied to these people until they die.
CONSTRUCTION OF PRISONS AND DETENTION CENTRES
Article 18 – (Abolished article: 29/06/2006 – Decision Numbered 5532 Article 17)
PART FOUR: VARIOUS PROVISIONS
REWARDS
Article 19 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 13)
Those, on the condition not take part in committing crime, who help to apprehend criminals under this law or provide information about their whereabouts or identity shall be entitled to a financial reward. Amount, principles and shall be specified in guidelines to be prepared by Ministry of Interior Affairs.
MEASURES OF PROTECTION
Article 20 – (Amended article: 29/06/2006 – Decision Numbered 5532 Article 14)
The State shall take necessary protective measures for officials involved in fighting terrorism and officials of the judiciary, intelligence, administration and military who carry out such duties, police chiefs and officers, the Director-General and deputy Director-General for Prisons and Detention Centres, prosecutors and directors of prisons and detention centres for the detention of terrorists, judges and prosecutors of state security courts and judges and prosecutors of heavy penal courts that are authorized with article 250 Code of Criminal Procedures and those have left from their positions, those who may become or have been made targets for terrorist organizations, and witnesses and informants who assist in the exposure of such crimes.
In accordance with article 250 of Code of Criminal Procedures; demand for protection by heavy penal courts’ presidents and members, who appointed by High Council of Judges and Public Prosecutors, and Public prosecutors who are in charge of investigation and prosecution of offences within scope of this field are accomplished primarily and urgently. Tools and equipments for protection are provided by Ministries of Justice and Interior Affairs.
Such protective measures shall include plastic surgery to change physical appearance, alteration of registration records, driving licences, matrimonial certificates, degrees and other documents, arrangement of military service, rights of movable and immovable property, and protection of social security and other rights. Those retired personnel and under protection, who need to be protected at home, shall benefit from rental services with a rent rate determined, considering current rents, by Ministry of Finance.
In applying these measures the Minister of the Interior and other institutions involved shall be bound by all rules of secrecy.
Principles and procedures for protective measures shall be specified in guidelines to be prepared by the Prime Minister’s Office.
Those mentioned above are entitled to use arms in order to protect themselves, their spouses and children against attacks, even if they have left service.
FINANCIAL SUPPORT:
PENSION FOR DISABLED AND SUPPORT FOR WIDOWS AND ORPHANS:
Article 21 – Where an official is injured, left disabled, dies or is killed as a result of being exposed to terrorist activities in the course of his duty at home or abroad, even if he has subsequently left service, the provisions of Law 2330 on Monetary Compensation and Pension shall be applied. In addition;
a) (Amended clause: 28/02/1995 – article 4082/6) Total of the pension for invalids, or widows and orphans may not be less than the pension of their colleagues on duty; if retired pensioners are killed monthly payment for their spouse and orphans may not be less than their monthly pension according to the relevant law. Those invalids, who cannot move, subsequently; need help and support from others and widows and orphans shall be paid retirement pension in accordance with rate that is applied to the highest rank state officers, others shall be paid, as if they finished their 30 years service, in accordance with their current payments. In case of deficiency the difference shall be paid by the social security institutions and reimbursed by the Treasury.
b) Those left invalid while benefitting from public accommodation at home or abroad, and the spouse and orphans of those die and entitled to a pension (except those living in houses specially provided under the Law of Public Housing, shall continue to benefit from public accommodation for one year. Those who after that year leave such public housing and those not benefitting from public accommodation and those living in specially provided houses shall on application be paid rent by the State for accommodation within the country for a period of 10 years. Those living in specially provided accommodation abroad shall on application be paid the rent payable abroad for one year by the State.
c) In regard to benefiting from accommodation loans, provision of paragraph third of additional Article 9 of Law on the Duties and Competence of the Police Numbered 2559 shall be applied; this provision shall also be applicable to invalids or their spouses and, where their partners are not alive or have re-married, to their children.
d) (Amended clause: 08/07/1999 – article 4404/1) Invalids, spouses of those die, daughters who do not work as tied to social security institutions except for T.C. Emekli Sandığı (Turkish Republic Retirement Fund) and do not get monthly payment from institutions, sons who are disabled to work subsequently; need help, minor children and mothers and fathers in circumstances mentioned above shall be entitled to travel free of charge on State Railroads, City Maritime Lines and on public transport and on public transport vehicles that are operated companies founded by municipalities or private companies.
e) (Amended clause: 28/02/1995 – article 4082/6; Amended clause: 22/02/2006- Decision Numbered 5460 /article 1; Amended clause: 29/06/2006 – Decision Numbered 5532 article 15) If invalids, spouses and orphans of those die show their identity cards, they shall be examined and treatment in all hospitals belong to public agencies and institutes. All costs shall be covered by public agencies and institutions for which they work, by social security institutions if they get pension for being retired, aged, invalid, widow or orphan, by Ministries of National Defence and Interior Affairs for those do not work as tied to an institution and do not get pension within the scope of Law on Salary to Turkish Citizens Over 65, Poor, Incapable and Alone Dated 1/7/1976 and Numbered 2022 and those do not get pension for being retired, aged, invalid, widow or orphan. Invalids missed body organs are completed with their artificial ones with the latest technology at home or in abroad. If necessary these organs mended or a new one is made.
f) (Additional clause: 28/02/1995 – article 4082/6) Based upon reports by authorized health institutions; those who cannot be treated at home shall be treated in abroad.
g) (Additional Clause: 28/02/1995 – article 4082/6) Those, who are not able to do required movements to survive and are alone shall be accommodated, cared and treated by their agencies and institutions, if not private rehabilitation and care centres, dormitories and old people’s home as free of charge or costs are covered by State.
h) (Amended clause: 08/07/1999 – article 4404/1) Privates and non-coms, who are injured and disabled in the course of their duty subsequently; tried in accordance with decisions of Law on Financial Compensation and Appointing Salary Dated 03/11/1980 and Numbered 2330 shall benefit from rights in abovementioned clauses (d), (e), (f) and (g); widows of died Privates and non-coms, daughters who do not work as tied to social security institutions except for Turkish Republic Retirement Fund (T.C. Emekli Sandığı) and do not get monthly payment from institutions, sons who are disabled to work subsequently; need help, minor children and mothers and fathers shall benefit from the same rights in the abovementioned clause (d).
ı) (Additional clause: 13/11/1995 – article 4131/1; Amended clause: 29/06/2006 – Decision Numbered 5532 Article 15) Students, whose villages are evicted due to fight against terrorism, shall get unpaid scholarship from the State during their higher education period.
Should pension of widows and orphans are cut by relevant social security institutions; they cannot benefit also from other rights within the scope of this article.
SUPPORT FOR OTHER PEOPLE SUFFER LOSSES FROM TERRORISM
Article 22 – (Amended article: 13/11/1995 – article 4131/2)
Treatment of those, who are injured because of terrorist attacks, is carried out by the State. Citizens who suffer from loss of life or property shall get special support from Social Welfare and Solidarity Fund. Education costs of martyrdoms’ children, who attend primary and secondary school, shall be covered from this fund. The scope and amount of the support shall be determined by Fund Committee. The scope and amount of the support should be higher than rate which is determined by local administrators of the Fund.
ADDITIONAL ARTICLES:
Additional Article 1 – (Additional article: 13/11/1995 – article 4131/3)
A) Due to terrorist activities and their effects that are specified in Article 1 of this Law; agencies and institutions which are labelled general, additional and special budget, local administrations and any kind of enterprise or affiliated corporations of which more than %50 percent capital belongs to public, are obliged to employ or appoint those-who are determined within the scope of decisions of this paragraph-in %0.7 * of their civil servants cadres who are subjected to Civil Servant Law Numbered 657 and temporary staff and permanent workers cadres as in the following;
a) (Amended clause: 02/06/2007 – Decision Numbered 5673 /article3) Public servants who are martyrized or become invalid to work, privates and non-coms, temporary village guards, spouses of village guards, if there is no spouse; one of his/her children and if there is no child; of his/her brothers or,
b) Those are invalid but still able to work.
Ministry of Interior Affairs is entrusted to determine those who are under the abovementioned paragraph, to inform relevant public agencies and institutions, which have suitable cadres, -about people that are willing to be employed-so as to accomplish their employment and appointment on basis of their qualities. There is no need to get appointment permission for employment or appointment of these people. However; those concerned should have, except for entrance exam, required qualification, feature and conditions for cadre or work.
Principles and procedures, which shall be followed in employment of relatives of martyrdoms and invalids that are able work, shall be determined with a guidelines that to be prepared within three months by Ministry of Interior Affairs. The guideline is prepared in consulting with Ministries of Finance, National Defence and Labour and Social Security and the Turkish National Employment Office.
B) Due to terrorist activities and their effects that are specified in Article 1 of this Law;
a) (Amended clause: 02/06/2007 – Decision Numbered 5673/article 3) Public servants who are martyrized or become invalid to work, privates and non-coms, temporary village guards, spouses of village guards, if there is no spouse; one of his/her children and if there is no child; of his/her brothers or,
b) Those are invalid but still able to work.
Depending on demand; employers, who employ 50 or more workers in their working places (should an employer has more than one working place within border of province, total number of workers are taken into consideration), are obliged to employ %2 people, who defined in this paragraph, in permanent worker position.
Number of permanent workers is considered as base in determination of number people to be employed. Lesser than half fraction is not considered in calculation of %2 but one which is half or higher is increased to 1.
Employers or their representatives, who violate decisions of the paragraph, are sentenced to 10 times fine by relevant administrations. The fine is given on basis of per workers and for each month. Current minimum wage is used as basis for fine.
Principles and procedures, which shall be followed in employment of relatives of martyrdoms and invalids that are able work, shall be determined with a guidelines that to be prepared within three months by Ministry of Labour and Social Security. The guideline is prepared in consulting with Ministries of National Defence and Interior Affairs. Employers find those, who are to be employed, via the Turkish National Employment Office.
Additional Article 2 – (Additional article: 29/08/1996 -article 4178/3; Cancelled by the Constitutional Court, dated 06/01/1999 and E. 1999/68, K. 1999/1; Revision: 29/06/2006 – Decision Numbered 5532 Article 16)
If suspect do not obey “summon” order or attempt to use gun in military operations against terrorist organizations, security force members are authorized to use gun, in an extent and level to make danger ineffective, against target directly and straight away.
PART FIVE: TEMPORARY PROVISIONS
Temporary Article 1 – In connection with crimes committed until 08/04/1991;
a) Death sentences shall not be executed. Convicts covered by this provision shall be required to serve 10 years of the sentences provided for in Article 19 of Law 647 on the Execution of Sentences,
b) Convicts sentenced to life imprisonment shall have to serve 8 years of their sentences,
c) All others sentenced to punishments restricting personal liberty shall have to serve one fifth of their sentences,
after serving the abovementioned terms they shall be conditionally released regardless of good conduct and without having to apply for such release.
The time spent also in pre-trial detention shall be included in calculating the abovementioned periods.
The provisions relating to reduction of sentences in additional Article 2 of Law 647 on the Execution of Sentences shall not be applied to such convicts.
Temporary Article 2 – In connection with suspects held in pre-trial detention for alleged crimes committed until 08/04/1991, the minimum limits of the expected sentence provided in the relevant law shall be considered;
a) at the stage of preparatory investigations, according to the nature of the crime taken as the basis of the indictment,
b) at the stage of final investigations, according to the crime mentioned in the indictment or according to the changed nature of the crime, and if the pre-trial detainee has been imprisoned for a period specified in temporary Article 1, the detainee shall be released within 30 days of this law entering into force,
1. if there is no public case against arrested suspect by prosecution offices,
2. if a public case is continuing by competent courts,
3. if a case is pending at the appeal or military appeal court by competent court or chief prosecutor.
Defendants awaiting a public case or against whom a public case was started earlier shall be tried. In case defendant does not appear in court, testimonies made to the prosecutor or before a judge shall be taken as sufficient. Following a final verdict at the end of trial, the provisions of conditional release according to temporary Article 1 of this Law shall be applied.
Temporary Article 3-Those who, following the publication of this law, are entitled to benefit from the provisions of temporary Article 1, but have received disciplinary punishment on account of acts prejudicial to prison discipline, shall not benefit from the provisions of temporary Article 1 until their disciplinary punishment is lifted according to the Statute on Administration of Penal Institutions and the Execution of Sentences.
Temporary Article 4 – Those who until 08/04/1991;
a) (Cancelled with decision dated 19/07/1991 and Numbered E: 1991/15, K: 1991/22 by the Constitutional Court)
b) committed offences under Articles 125, (…) , 403, 404(1), 405, 406, 407, 414, 416 (1) and 418 of the Turkish Penal Code,
c) violated provisions of the third chapter in Part Two of the Turkish Penal Code, entitled “Crimes against the Administration of the State”, or, in contravention of the Banking Law, unjustly and irregularly received moneys from banks, or, in violation of Law 1918 on the Prevention and Prosecution of Smuggling, obtained an advantage, or conducted irregular, fraudulent or fictitious transactions of export, import or investment incentives and by doing so obtained unjust deduction of taxes, premiums, loans, difference of interest or similar advantages from public sources and those participating in such offences, regardless of whether or not the time limit for prosecution against such offence has passed, unless they have repaid the unjust and irregular advantage obtained by them,
d) ) committed offences under Articles 55, 56, 57, 58 and 59 of the Military Criminal Code, shall not benefit from the provisions of Temporary Article 1. However, death penalties imposed for offences mentioned in this Article shall not be executed. Such convicts shall be released conditionally regardless of good conduct and without the need for an application, as follows;
after 20 years if they were sentenced to death; after 15 years if they were sentenced to life imprisonment; and after they have served one third of their sentences in all other cases.
The time spent also in pre-trial detention shall be included in calculating the abovementioned periods.
The reducing provisions of Additional Article 2 of Law 647 on the Execution of Sentences shall not be applied to such convicts.
The provisions of Temporary Article 2 (except for the reference in the last paragraph to Temporary Article (1) and
The provisions of Temporary Article 3 of this Law shall also be applied to such convicts.
Temporary Article 5 – In order that those who, according to clause (g) of Article 25 of Law 403 on Turkish Citizenship, have lost their Turkish citizenship can benefit from the temporary provisions of this Law, there shall be no condition imposed on their re-entry into the country within two years from the coming into force of this law and such persons shall not be stopped at the border when re-entering.
Temporary Article 6 – Until special facilities for penal institutions have been built, pre-trial detainees and those convicted of terrorist crimes shall be kept in other penal institutions.
Temporary Article 7 – The provisions of Article 17 of this law shall be applied to those who commit crimes under this law after it has entered into force.
Temporary Article 8 – The provisions of Article 21 of this law shall be applied from the beginning of the first day of the month following the entering into force of the law for all persons included in this law since 01/01/1968.
Temporary Article 9 – (Cancelled with decision dated 31/03/1992 and Numbered E.:1991/18, K.:1992/20 by the Constitutional Court)
Temporary Article 10 – (Additional article: 15/07/2003 – Decision Numbered 4928/ article 21)
In connection with crimes that were in the scope of article 8 of Law Numbered 3713 which has been repealed with this Law, before this Law entered into force;
1 – nol-pros and indictment by prosecution offices at the stage of preparatory investigations.
2.- a) if there is no public case against arrested suspect, he/she is released by prosecution offices,
b) if there is a public case against arrested suspect, he/she is released by competent courts.
3.- The following cases are concluded perceiving as urgent duty and considering article 2 of Turkish Penal Code;
a) Cases that have not been sent to the Court of Appeals or are before Court of Appeals Chief Public Prosecutor’s Office by court which made decision,
b) Cases before the Court of Appeals by competent penal chamber,
c) Those who serve their sentences by court that made decision.
PROVISIONS REPEALED
Article 23 – The following laws were repealed;
a) Law 2 on High Treason,
b) Law 6187 on the Protection of Freedom of Conscience and Meetings,
c) Articles 140, 141, 142 and 163 of the Turkish Penal Code Numbered 765
d) Clauses 7 and 8 of article 5 and clause 2 of article 6 of Law on Association numbered 2908,
e) “Law On Broadcast In Languages Other than Turkish” numbered 2932.
ENFORCEMENT
Article 24. This Law shall enter into force on the date of its publication.
IMPLEMENTATION
Article 25. This Law shall be implemented by the Council of Ministers.
PROVISIONS THAT CANNOT BE RECORDED TO LAW:
Temporary article of Law Numbered 4126 and Dated 27/10/1995:
Temporary Article –Cases of those, who have been sentenced in accordance with article 8 of Anti-Terror Law Numbered 3713, shall be treated by court-which made decision about them- within one month period after this Law enter into force. The court shall make decision about re-calculating period of sentence and possibility of benefiting from articles 4 and 6 of Law numbered 647 and dated 13/07/1965 due to the changes in article 1 of this Law and in article 8 of Law numbered 3713.
Article 2 of Law Numbered 5190 and Dated 16/06/2004:
Article 2 – In accordance with article 394/a which has been added to Law Numbered 1412 with this Law; provisions of article 20 of Anti-Terror Law shall be applied also to heavy penal courts’ presidents and members, who appointed by High Council of Judges and Public Prosecutors, and Public prosecutors who are in charge of investigation and prosecution of offences within scope of this field. Demands for protection by these judges and prosecutors are accomplished primarily and urgently
Temporary Article 1 of Law Numbered 5233 and Dated 17/07/2004:
Temporary Article 1 – Should there is an application to relevant governorships or district governorships within one year after this law enter into force; decisions of this Law shall be applied also to financial losses of natural persons and private law legal entities that damaged because of actions which are within the scope of articles 1, 3 and 4 of Anti-Terror Law Numbered 3713 and activities carried out to fight against terrorism during the period from 19.7.1987 to date of entry into force of this law.
Applications within the scope of this article shall be concluded within two years period after application.