AMED — Amed (Diyarbakır) Bar Association Vice President Şilan Çelik stated that the definitions within the proposed transitional legislation mentioned in the Parliamentary Commission’s report must be clearly formulated and that cooperation with bar associations is essential to ensure the credibility and oversight of the process.
The Parliamentary Commission, established upon the proposal of Kurdish People’s Leader Abdullah Öcalan within the framework of resolving the Kurdish issue, announced its final report on February 20 following its last meeting on February 18.
The commission held 58 sessions and heard from 137 individuals and institutional representatives. The report includes headings such as democratization, fundamental rights and freedoms, implementation of decisions by the European Court of Human Rights (ECHR) and the Constitutional Court, as well as comprehensive legal reforms.
Evaluating the report and potential legal steps, Şilan Çelik said the classification of the report was methodologically appropriate but criticized its framing of the Kurdish issue within a “terror” discourse rather than addressing it directly as a political question.
“Even in this form, the roadmap Turkey has put forward for resolving the Kurdish issue places a significant responsibility on the state. The fact that the report was adopted with a high percentage of votes is an important step, as it signals that political parties are, in a sense, taking ownership of the process,” she said.
However, she emphasized that more than a year has passed since the process began and no concrete steps have been taken, adding that this delay has negatively affected public support.
‘THERE ARE NO CLEAR DEFINITIONS IN THE REPORT’
Şilan Çelik recalled the Amed Bar Association’s own report titled “Legal Opinions and Recommendations on the Social Peace and Integration Process,” announced on February 18. She stated that they proposed specific legal steps for the transitional period and the enactment of a special law regulating this phase, grounded in the principles of proportionality and equality.
Şilan Çelik said: “In the Parliamentary Commission’s report, we see ambiguities. There appear to be distinctions among members of the organization that has declared its dissolution, yet there are no clear definitions. It remains unclear whether such definitions will appear in the legislative text to come. We observe that the issue is framed less around disarmament and more within the narrow scope of ‘ending terrorism’.”
EQUAL CITIZENSHIP AND DEMOCRATIZATION
Referring to the concept of “equal citizenship” mentioned in the report, Şilan Çelik stressed that this principle must first be constitutionally enshrined. “For equal citizenship to exist, the constitutional definition of citizenship must change. A new constitution is needed in which Kurds and other ethnic identities and communities can define and embrace themselves,” she stated, adding that the report signals the possibility of constitutional amendments.
‘DEFINITIONS WITHIN THE LAW MUST BE CLEAR’
Şilan Çelik underlined that a legal framework is essential for replacing armed conflict with democratic politics. She said: “The report mentions a transitional law specific to this period, possibly temporary or limited in duration. This law is crucial. Within it, definitions must be clearly made. It must determine who will benefit from it. A comprehensive regulation is needed — one that could include dropping cases against individuals prosecuted due to organizational activities following the organization’s dissolution, and releasing those currently detained or convicted on such grounds.”
She also stressed that Turkey is already obligated to implement ECHR and Constitutional Court rulings under international agreements it has ratified, noting that while no parliamentary report is required for this, its inclusion signals potential judicial reforms.
‘THE PROCESS MUST BE CARRIED OUT IN COOPERATION’
Şilan Çelik concluded that democratization in Turkey is directly linked to resolving the Kurdish issue and that Parliament and the commission bear serious responsibility. She emphasized that bar associations and legal organizations must play a key role in overseeing legal steps taken during the process.
Stating that the Amed Bar Association will closely monitor the legal compliance of steps taken in the process, Şilan Çelik concluded: “For transparency, credibility, and accountability, cooperation with bar associations is necessary. Civil society organizations working in the social sphere also have a significant role in socializing this process and advancing democratization.”
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