 An ambulance leaves a prison in Bilecik. Suspects who have been incarcerated for nonviolent crimes can petition for their release after serving five years. DHA photo |
Accused murderers and others are applying for release from prison following newly implemented changes to the criminal code that limit the amount of time suspects can remain under arrest prior to conviction.
The amendment to the 102nd clause of the Criminal Procedure Code reduces prison terms to two years in the absence of a final conviction, prompting thousands of suspected criminals to send in petitions to the Justice Ministry for their release, daily Vatan reported Sunday.
The amendment, which came in to effect on the last day of 2010, could provide a back door out for those who have served five years in prison despite the lack of a sentence because of the judiciary slowness at processing cases, the daily said.
Some suspects have already been released as part of the new changes, including Mahmut K., who was sentenced to 90 years in prison for the murder of five people and the injuring of seven more, only to be released by the Gümüşhane High Criminal Court because his case had not yet been finalized, daily Vatan reported Sunday.
Those who have been imprisoned for five years on charges of murder or rape can petition for their release if their cases are still ongoing.
Suspects who have been incarcerated for nonviolent crimes, including being a member of an illegal organization, can petition for their release after serving five years, instead of the current 10, Vatan reported.
Those who cannot benefit from the new law include incarcerated Ergenekon suspects and student protestors.
The amendment applies to suspects imprisoned on charges and awaiting trial, or awaiting completion of their trial and the finalization of their sentences. Currently, many people in Turkish prisons have not yet been convicted, as a judicial backlog means cases can take years to come to trial.
Out of the 121,000 people in Turkish prisons, only 64,000 have been convicted, with the remaining 57,000 behind bars while their cases are processed in court.
A court decision is not enough to sentence a suspect as a decision must be approved by the Supreme Court of Appeals. As a result, the judiciary’s operation is slower than necessary, prolonging imprisonment time.
Strong evidence against a suspect is not necessarily enough to sentence a person as guilty. In addition to “strong evidence,” there must be indication of “the suspect trying to escape or attempting to hide and destroy evidence.” For accused murderers, sex offenders, members of drug or other criminal organization, or people plotting against the government, strong evidence is enough for imprisonment.
Speaking to Vatan, Professor Durmuş Tezcan of Kültür University said releasing suspects whose cases have not been finalized after a long time was the right thing to do and that suspects are not simply released, but are monitored once free.
The amendment to the 102nd clause of the Criminal Procedure Code reduces prison terms to two years in the absence of a final conviction, prompting thousands of suspected criminals to send in petitions to the Justice Ministry for their release, daily Vatan reported Sunday.
The amendment, which came in to effect on the last day of 2010, could provide a back door out for those who have served five years in prison despite the lack of a sentence because of the judiciary slowness at processing cases, the daily said.
Some suspects have already been released as part of the new changes, including Mahmut K., who was sentenced to 90 years in prison for the murder of five people and the injuring of seven more, only to be released by the Gümüşhane High Criminal Court because his case had not yet been finalized, daily Vatan reported Sunday.
Those who have been imprisoned for five years on charges of murder or rape can petition for their release if their cases are still ongoing.
Suspects who have been incarcerated for nonviolent crimes, including being a member of an illegal organization, can petition for their release after serving five years, instead of the current 10, Vatan reported.
Those who cannot benefit from the new law include incarcerated Ergenekon suspects and student protestors.
The amendment applies to suspects imprisoned on charges and awaiting trial, or awaiting completion of their trial and the finalization of their sentences. Currently, many people in Turkish prisons have not yet been convicted, as a judicial backlog means cases can take years to come to trial.
Out of the 121,000 people in Turkish prisons, only 64,000 have been convicted, with the remaining 57,000 behind bars while their cases are processed in court.
A court decision is not enough to sentence a suspect as a decision must be approved by the Supreme Court of Appeals. As a result, the judiciary’s operation is slower than necessary, prolonging imprisonment time.
Strong evidence against a suspect is not necessarily enough to sentence a person as guilty. In addition to “strong evidence,” there must be indication of “the suspect trying to escape or attempting to hide and destroy evidence.” For accused murderers, sex offenders, members of drug or other criminal organization, or people plotting against the government, strong evidence is enough for imprisonment.
Speaking to Vatan, Professor Durmuş Tezcan of Kültür University said releasing suspects whose cases have not been finalized after a long time was the right thing to do and that suspects are not simply released, but are monitored once free.
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