On Monday, as part of the government’s initiative for peace with the Kurdistan Workers’ Party (PKK) rebel group, the Turkish parliament passed a law on the conditional pardon of thousands of Kurdish fighters, members of the banned militant organization whose ultimate goal was the secession of Kurdish-inhabited territory from Turkey.
MPs overwhelmingly voted in favor of the measure, which would only come into effect after Turkish authorities confirm that the PKK has completely disarmed.
The PKK announced last year that it was ending its decades-long armed struggle against the Turkish state, announcing its decision to disband as part of peace efforts. The move came in response to a call by its imprisoned leader, Abdullah Ocalan.
The amnesty law, a step toward ending a conflict that has killed tens of thousands of people, could have implications beyond Turkey’s borders, leading to closer Turkish-Iraqi ties. It could also support the Syrian government’s efforts to integrate areas that were controlled by the Kurdish-led Syrian Democratic Forces, which are affiliated with the PKK.
It is also an opportunity for Turkish President Recep Tayyip Erdogan to gain support from the pro-Kurdish DEM party, which would help him stay in office after two presidential terms. Erdogan could run again if parliament calls early elections during his current term.
The 12-article law outlines procedures for disarming the group, which still possesses most of its weapons, and rehabilitating thousands of PKK members.
The law would suspend some prison sentences for convicted PKK members and postpone ongoing investigations and trials for five or 10 years, depending on the severity of the crimes they are accused of. If no terrorism-related crimes are committed within the given period, the cases would be dismissed.
Fighters convicted of premeditated murder and those sentenced to life imprisonment before 2005 are excluded from the provisions of the law. This applies to Öcalan and other senior PKK figures.
The law also establishes ministerial and parliamentary committees to monitor the disarmament process. It would only come into effect after the Turkish National Security Council confirms that the PKK has been disbanded and handed over all its weapons.
Those who wish to benefit from the law will have six months to submit a request after the National Security Council’s decision is published in the Official Gazette.
Media reports said that exiled PKK members and those in Iraq and Syria were expected to benefit.
It also stated that the law failed to respond to demands for democratic reforms and Kurdish rights, and that PKK fighters would not lay down their arms and return to Turkey “if, upon their return to Turkey, they are unable to engage in democratic politics based on freedom of thought and freedom of association, and if they are persecuted and imprisoned for their views or the organizations they establish.”
“The people of Turkey, who have paid a high price for years, now have the opportunity to consolidate peace and build democracy,” Gulistan Kilic Kocigit of the pro-Kurdish People’s Equality and Democracy Party (DEM) told parliament.
“Of course, the proposal has flaws and we now have a responsibility to address these flaws,” she added, apparently referring to demands for greater rights for the Kurds and for democratic reforms.
Musavat Dervishoglu, leader of the center-right nationalist Good Party, which opposes the law, said it would “pave the way” for Erdogan to remain in power.
The law was expected to pass easily with the votes of Erdogan’s ruling party, its nationalist allies and the DEM. Turkey’s largest opposition party in parliament, the New Party, also said it would vote in favor, despite the law’s flaws.
DEM has lobbied to grant Öcalan, who has been imprisoned since 1999, official status as coordinator of the transition process, which would lead to his release. However, the law does not mention Öcalan’s status or possible release.
Media reports suggest that Öcalan’s living conditions – visits and communication with the outside world – are likely to be improved in the island prison near Istanbul.
The PKK has waged an armed insurgency since 1984 that has claimed tens of thousands of lives and spread to Iraq and Syria. It is designated a terrorist organization by Turkey, the United States and the European Union.
The group initially sought an independent Kurdish state, but later shifted to demands for autonomy and expanded rights within Turkey.
Previous peace efforts between Turkey and the PKK have failed, most recently in 2015.
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