The ruling Justice and Development Party (AKP) in Turkey has recently introduced a controversial “special amnesty” regulation ahead of the municipal elections on 31 March 2024. This regulation aims to release thousands of judicial detainees but has been heavily criticised for excluding political prisoners, raising concerns about the treatment of political dissenters in the country.
The “special amnesty” is part of the AKP’s broader omnibus law, which includes various regulations, including salary increases for civil servants and pensioners, additional motor vehicle taxes, and criminal enforcement regulations for convicts on pandemic leave. However, its exclusion of political prisoners has drawn particular attention, as it is seen as a reflection of the government’s stance towards those it perceives as threats to state sovereignty, further highlighting ongoing democratic issues in Turkey.
Esra Bilen, co-chair of the Association of Lawyers for Freedom’s (ÖHD) Istanbul Branch, strongly criticised the AKP’s criminal enforcement regulation, describing it as illegal and driven by a sense of “revenge” against political prisoners. The regulation, which was passed on 13 July, allows detainees on Covid-19 leave with less than five years remaining on their sentences to serve the rest of their time under probation. However, political prisoners are excluded from this benefit.
This is not the first time that a regulation of this nature has sparked controversy in Turkey. The previous Covid-19 leave regulation, enacted in April 2020, faced criticism for creating inequality among prisoners and violating the principle of equality before the law by releasing those convicted of serious crimes while excluding political prisoners without providing sufficient justification for such a move. Furthermore, the 2020 regulation introduced new jail protocols that further infringed on the basic rights of political prisoners, limiting press access, family and lawyer visits, court attendance, and imposing punishments outside penitentiary grounds.
Esra Bilen called the recent criminal enforcement regulation a “special amnesty” that will result in the release of numerous detainees while excluding political prisoners. She highlighted the inhumane nature of Turkey’s severe punishment system, attributing the increase in judicial crime rates and prison overcrowding to government policies. According to Bilen, the state views political prisoners as a direct threat to state sovereignty, leading to their harsh and lengthy imprisonment.
Ali Bozan, a Green Left Party Mersin MP and lawyer, also criticised the criminal enforcement regulation, stressing that the exclusion of political prisoners violates the constitution’s principle of equality. He denounced the ongoing “blatant discrimination” against political prisoners and vowed to continue the struggle for political prisoners to benefit from the legal regulation.
