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Capital punishment in Turkey

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Capital punishment was abolished inTurkey in 2004, and no prisoners have been executed since October 1984.[1] Before that, over 500 convicts sentenced to death were executed. The method of execution washanging.

History

[edit]

According to Hanz Chiappetta, since thefoundation of Turkey in 1923, capital punishment has been carried out 588 times.[2] Turkey's last public execution took place in 1960 inIstanbul.[3]

Prior to 1984, executions would usually occur after military interventions.Adnan Menderes, who served asPrime Minister, was hanged on 17 September 1961 following the1960 coup d'état, along with two other cabinet members,Fatin Rüştü Zorlu andHasan Polatkan. Student leadersDeniz Gezmiş, Hüseyin İnan, and Yusuf Aslan were hanged on 6 May 1972 after the1971 military memorandum.[4]

Between 1972 and 1980, Turkey experienced an eight-year gap wherein no executions were carried out, but this hiatus ended with the hangings of two men, 24-year-old Necdet Adali and 22-year-old Mustafa Pahlivanoglu, who were convicted of terrorism for their roles in the1980 Turkish coup d'état. The men had appealed for clemency, but Turkey'sNational Security Council rejected their appeals, and the hangings took place shortly before dawn on 8 October 1980.[5] Between 1980 and 1984, a total of 50 men, including 27 political activists, were executed by Turkish authorities following the coup.[4] The last of these 27, and also the last person to be executed in Turkey, wasHıdır Aslan, who was hanged inBurdur on 25 October 1984.

Twenty-four articles of the 1926 Turkish Penal Code (Law 765) provided for a mandatory death penalty for crimes against the state, the government, and theConstitution and military, as well as for civilian criminal offences likemurder and rape. These 24 articles defined a total of 29 offences punishable by death.[6]

Abolition

[edit]

By Law 4771 of 9 August 2002 (the 3rd Package forHarmonization with the European Union), the death penalty was abolished for peacetime offences. Law 5218 of 14 July 2004 abolished the death penalty for all crimes.[7] TurkeyratifiedProtocol No. 13 to the European Convention on Human Rights, overseen by theCouncil of Europe, in February 2006.

Abdullah Öcalan was also sentenced to be executed in June 1999;[8] however, Turkey commuted his sentence to life imprisonment in October 2002.[9]

Proposed reinstatement

[edit]

Since the failed2016 coup d'état, some politicians have talked about restoring the death penalty.[10]Recep Tayyip Erdoğan,President of Turkey since 2014, announced on 29 October 2016 that thegovernment planned to present a draft law restoring the death penalty to theTurkish Parliament and announced his intent to "countersign it").[11]

After his victory in theconstitutional referendum in 2017, Erdogan made favorable statements on the reinstatement of capital punishment, announcing he would discuss the possibility withDevlet Bahçeli of theNationalist Movement Party (MHP) and the then-Turkish prime ministerBinali Yıldırım.[12] In view of this happening, the President of theEuropean CommissionJean-Claude Juncker announced that such an event would mean the end of an eventualTurkish accession to the European Union.[13]

Public opinion

[edit]

A 2011 poll found 65% of people wanted capital punishment reinstated for "certain crimes".[14]

In 2019, anOpinion Research Corporation survey asked, "Would you support the death penalty for the crimes of child abuse, murder of women and terrorism?", and 71.7% of Turkish respondents said they would.[15]

Methods and practices

[edit]

Under Article 12 of Law 765, death sentences were to be carried out by hanging after being approved by act of theGrand National Assembly of Turkey (Türkiye Büyük Millet Meclisi), or the TBMM. Within the TBMM, they were reviewed by the Judicial Committee before being voted on by parliament as a whole. This decision had to be ratified by the President, who had the power to commute death sentences on grounds of age or ill-health.[6]

Rather than utilizing gallows that permitted along drop to break the condemned inmate's neck and render the condemned inmate instantly unconscious, Turkey's gallows were very simple and inexpensive, only permitting ashort drop. People convicted of military crimes were executed byfiring squad.[citation needed]

According to press coverage of the 1980 hangings of Adali and Pahlivanoglu, the two condemned men were offered the counsel of aMuslim priest and were allowed to kiss a copy of theQuran based on Turkish custom.[5]

Alternatives

[edit]

The death sentence was replaced by aggravated life imprisonment (ağırlaştırılmış müebbet hapis cezası). According to Article 9 of Law 5275 on the Execution of Sentences[16] these prisoners are held inindividual cells inhigh security prisons and are allowed to exercise in a neighbouring yard one hour per day.[citation needed]

References

[edit]
  1. ^"Tayyip Erdogan hints at return of death penalty in Turkey".The Telegraph. Agence France-Presse. 7 August 2016.Archived from the original on 22 June 2018. Retrieved6 April 2018.
  2. ^Chiapetta, Hanz (April 2001)."Rome, 11/15/1998: Extradition or Political Asylum for the Kurdistan Workers Party's Leader Abdullah Ocalan?"(PDF).Pace International Law Review.13: 142.doi:10.58948/2331-3536.1206.S2CID 152396575.Archived(PDF) from the original on 14 April 2019. Retrieved19 May 2021.
  3. ^"Death penalty in Turkey – Illusions in Europe".European Stability Initiative. 16 May 2017.Archived from the original on 5 May 2024. Retrieved5 May 2024.
  4. ^ab"A complete list of all executed people (in Turkish)". Archived fromthe original on 9 September 2018. Retrieved10 September 2009.
  5. ^ab"Two hanged in Turkey's first executions in 8 years".United Press International. 8 October 1980.Archived from the original on 5 May 2024. Retrieved5 May 2024.
  6. ^ab"Illustrated Reports of Amnesty International - B-Ob8ungen".ob.nubati.net.Archived from the original on 26 February 2022. Retrieved12 April 2022.
  7. ^"Turkey agrees death penalty ban".BBC News. 9 January 2004.Archived from the original on 19 September 2019. Retrieved11 September 2021.
  8. ^"Ocalan sentenced to death".The Guardian. 29 June 1999.Archived from the original on 28 May 2019. Retrieved28 May 2019.
  9. ^Trilsch, Mirja; Rüth, Alexandra (2006)."Öcalan v. Turkey. App. no. 46221/99".The American Journal of International Law.100 (1): 180.doi:10.2307/3518836.ISSN 0002-9300.JSTOR 3518836.S2CID 147039675.Archived from the original on 11 July 2021. Retrieved11 July 2021.
  10. ^"Turkey Coup: Erdogan government could restore death penalty, deputy leader warns".The Independent. 16 July 2016.Archived from the original on 30 August 2019. Retrieved19 September 2017.
  11. ^"Erdogan lässt Parlament über Todesstrafe abstimmen".Der Spiegel. 29 October 2016.Archived from the original on 6 April 2018. Retrieved11 September 2021.
  12. ^Gaffey, Connor (17 April 2017)."Turkey could hold a referendum on reintroducing the death penalty, Erdogan says".Newsweek.Archived from the original on 18 April 2017. Retrieved11 July 2021.
  13. ^"Death penalty in Turkey would mean end to EU accession talks: Juncker".Reuters. 31 May 2017. Retrieved11 July 2021.
  14. ^"Metropoll".
  15. ^2019 Rapor orcarastirma.com.tr (in Turkish)Archived 22 October 2020 at theWayback Machine
  16. ^Anonline edition of Law 5275Archived 2018-12-07 at theWayback Machine (in Turkish on pages of the Turkish Government); accessed on 10 September 2009
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