The deposition of five surrendering PKK members sparks a new debate in Turkey as to whether it is a double standard to release those who insist on commending the jailed leader of the outlawed organization
The Tuesday release of the last members of the “peace group” from northern Iraq has sparked new public debate since five of them insisted on calling a jailed terrorist “leader” and “esteemed” during their court hearing.

The 34-person group, including members of the outlawed Kurdistan Workers’ Party, or PKK, surrendered to security forces at the Habur border gate Monday. The controversial comments made in court referred to imprisoned PKK leader Abdullah Öcalan.

Prime Minister Recep Tayyip Erdoğan earlier called on PKK members still sheltering in northern Iraq to return home and take advantage of Article 221 of the penal code, also known as the repentance law. The government has been seeking ways to dissolve the PKK and resolve the decades-old Kurdish issue within the scope of its recently initiated “democratic move.”

The judge and prosecutors in charge of the hearing for the group, which symbolically surrendered to test the government’s sincerity, grew frustrated when five of them made the statement: “Upon instruction by the Kurdish people’s leader, the esteemed Abdullah Öcalan, I’ve arrived in Turkey.”

Two of the five were from the PKK camp on Kandil Mountain and three were from the Mahmur refugee camp.

Though all five were released, the court decided to continue holding hearings under Article 314 of the penal code, which covers “membership in a terrorist organization.” The returnees’ expressions praising Öcalan were not included in the trial transcript and their right to apply for the repentance law was kept in reserve, although they did not voice such a demand.

“They do not have to voice their regret. They can take advantage of the repentance law as long as they did not take part in any activity of the terror organization and they willingly surrendered to the security forces,” Professor Sami Selçuk, a former president of the Court of Appeals, said in a phone interview with the Hürriyet Daily News & Economic Review on Wednesday.

Hundreds of people have been arrested after calling on the public to join the PKK by publicly using the same expressions or chanting pro-PKK slogans.

“The penal law is not interested in people’s internal world or ideas, but concrete activities,” Selçuk said, adding that he cannot comment on a specific case since he does not know the details in the folder.

However, Professor Nurullah Aydın, an expert on penal law, voiced his concerns, saying: “I have a question in my mind [as to] if the political power suspends the operation of the penal code in this case.”

“You cannot implement Article 221 since it is still unclear if these people took part in any terrorist activity,” Aydın added. “According to Article 100 and the counter-terrorism code, they should be kept arrested as there is suspicion of desertion and they set nine pre-conditions by calling themselves the messengers of the PKK.”

Asked if there is a double standard, Justice Minister Sadullah Ergin told reporters in Ankara on Wednesday, “I am not authorized to get involved in the court decision.” Ergin also declined making any regulation to extend Article 211.


Article 221 of the Turkish Penal Code

1. No punishment will be implemented against those founders or leaders who dissolve, or provide information in contribution to dissolving, a terror organization before the organization carries out any activity.

2. Any member of a terror organization is exempted from any penalty as long as he or she voluntarily confesses and surrenders to security officials before taking part in any criminal act.

3. No penalty will be implemented against those terrorists who are seized in the act but feel regret and collaborate with security forces to crack down on the terror organization.

4. No penalty in relation to founding, leading or joining a terror organization will be implemented against those founders or leaders if they voluntarily surrender and provide information about the activities of the organization. If the information in question is provided after being arrested, the penalty will be reduced by up to three-fourths.

5. Those released in line with active repentance are released with a one-year probation. The term may be extended up to three years