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In today's edition of @gazetepencere, there's reporting on Justice Minister Gül's interview on Kanal 7 where he talked of planned jucidial reform but categorically denied there would be an amnesty. Similarly last week Erdoğan mentioned judicial reform in coming TBMM period.
Minister Gül says there will be separate reforms on implementation of judicial decisions (yet goes on to describe the existing practice?!) and a separate set of reforms on civil justice.
The one bit of the draft text for the upcoming amnesty-but-not-amnesty legal reform package has been leaked to Yeni Şafak. Full list of the types of crimes that will be part of the reforms. https://www.yenisafak.com/gundem/infaz-duzenlemesi-sekillendi-17-maddelik-taslak-metin-ortaya-cikti-3522639 But no actual nor exact detail on the proposed reforms.
Justice Minister Gül has announced that a bill regarding enforcement of judicial punishments/rulings will be submitted to parliament soon. https://twitter.com/Haberturk/status/1224973196249780224
In a bid to combat COVID-19, the gov't is reportedly looking into releasing prisoners but only those that it has previously sought to implement an amnesty for. https://twitter.com/esinclairwebb/status/1240891647115788289?s=21
The MHP have been particular interested in proposing legislation for an amnesty (see here: https://twitter.com/hasavrat/status/1019616899062263808 & https://twitter.com/hasavrat/status/1189503623224594435)
but eventually gave up end of last year (see here: https://twitter.com/hasavrat/status/1202484051644493824)
but eventually gave up end of last year (see here: https://twitter.com/hasavrat/status/1202484051644493824)
Oh now the second judicial reform package has been presented to the Office of Speaker of Parliament. https://twitter.com/ntv/status/1240942798616047616 Interesting note: Submitted by AKP MP Mehmet Muş.
AKP, having already consulted MHP, has prepared a draft of the 3rd judicial reform package & is in consultations with İyi Party and CHP. Current proposal see reduction amount of time spent incarcerated for those imprisoned on drugs or sexual offences. https://www.birgun.net/haber/akp-nin-infaz-paketi-cinsel-suclar-ve-uyusturucu-suclarina-ceza-indirimi-292906
And also this. The 3rd judicial package in its current state offers no reduction of time spent in prison for political prisoners. https://twitter.com/bianet_eng/status/1242479787882369026
MHP deputy chair Fethi Yıldız has given a timeline has to when the 3rd judicial package (referred to as amnesty package) will become law: 31 March proposal will be presented to the parliamentary commission, 2 April parliament general assembly vote. https://odatv4.com/infaz-yasasi-icin-tarih-verdi-24032035.html
"The law amendment will exclude those inmates who were sentenced due to cases stemming from sexual assault, narcotics, terrorism and repeat offenders. For the rest of the offenders, the law will allow prosecutors to halve existing sentences." https://twitter.com/DuvarEnglish/status/1242837718977175555
Pro-gov't journalist Hande Fırat in her column today explains that in the 3rd judicial package the legislation aimed at addressing the suffering, particularly of children born into underage marriages would only impact circa 300 people, mostly Romas. https://www.hurriyet.com.tr/yazarlar/hande-firat/virus-golgesinde-yargi-adimlari-erken-yasta-evlilige-duzenleme-41479012
The proposed regulation allows couples/spouses to be 15 years old, however if a divorce is filed within 5 years due to the behaviour of the convicted spouse then the person is sent back to prison to complete the rest of his/her sentence. (Majority of these cases are older men).
While aspects of the judicial packages concerning sexual crimes & drug related crimes have rightfully drawn criticism, an element that has been overlooked is a clause attempting to bring closed hearings. http://bianet.org/bianet/ifade-ozgurlugu/221870-yargi-paketinde-gozden-kacan-aleniyete-kisitlama
This goes both ways: closed hearing could benefit trials where the victim needs to be protected. @bianet_org article provides a recent example which was detrimental to public interest: a hearing during Gezi trial was carried out without the knowledge & presence of defence lawyers
AKP has submitted the 3rd judicial reform package to the speaker of parliament's office, after which it'll go to the justice commission http://www.cumhuriyet.com.tr/haber/infaz-duzenlemesi-mecliste-1730493 Types of crimes that will not benefit: sexual abuse, drug related, violence against women, manslaughter & terror-related
Disclaimer regarding this thread: I may be getting muddled up between the 2nd judicial package and the 3rd. As far as I know, the 2nd judicial package has elements on implementation of sentences but the "infaz paketi" (on the implementation of sentences) is separate.
Regardless of my confusion, @Sibelhurtas has written up a useful analysis on the 2nd judicial package. https://twitter.com/halagazeteciyiz/status/1245275210049302533?s=21 A few highlights: enforcement judges have expanded powers & Chief Prosecutors have authority to object to enforcement decisions.
(Cont.) Inmates who do not agree to work and/or do not conform to the work at open prisons will be sent back to closed prisons.
(Cont.) There is a provision in the proposed legislation in order to prevent a repeat of imprisoned presidential candidate @hdpdemirtas from holding "rallies" by telephone (as we saw during June 2018 election).
Keys point by @Sibelhurtas on the judicial package that currently being debated in parliament, including fact that amnesties constitutionally require 3/5 of parliament to vote in favour whereas draft bills only require half to vote in favour. #WhichIsIt https://twitter.com/ArtiTV_/status/1247817153593643009
An example given by CHP MP @eczozgurozel during the debate on this package, is that someone who has been convicted on bribery charges will benefit from the lowered sentencing/incarceration periods whereas a journalist that reported the bribery would not. https://twitter.com/ArtiTV_/status/1247818276224335876
Berfin Özek, at 19, was subjected to an acid attack by her boyfriend in January 2019. He was sentenced to 13 years in prison. If you've been following this thread on judicial reform package in parliament right now, you'll know perpetrators like him get lowered sentences.
So it's seem very convenient timing that Berfin Özek has come forth saying she has withdrawn her complaint against her boyfriend and plans to marry him. https://gazetekarinca.com/2020/04/berfin-ozek-sikayetinden-vazgecti-avukat-mehtap-sertten-aciklama/
