Constitutional Court Annuls TCK Provision on Non-Member Crimes for Terrorist Organizations
The Constitutional Court of Turkey has made a decision to annul the 6th paragraph of Article 220 of the Turkish Penal Code, which regulates the crime of “committing a crime on behalf of an organization without being a member of it”. This decision was published in the Official Gazette and followed objections from the Patnos High Criminal Court and Istanbul 22nd High Criminal Court, claiming that the rule was incompatible with the Turkish Constitution.
The courts argued that the contested rule was not accessible and predictable in a way that would prevent arbitrary behavior of public power and ensure that people understand the law. They also criticized the lack of clarity in the rule, stating that it was incompatible with the principles of legality in crime and punishment.
The Constitutional Court, however, emphasized that the rule was accessible and stated that the consequences of its application were predictable. The Court also emphasized the need to determine whether the rule included protective measures against public authority’s interference in fundamental rights protected by the Constitution.
The Court’s decision highlighted the absence of a clear understanding of what constitutes a “crime committed on behalf of an organization” and the lack of distinction between different types of crimes committed. The Court also stressed that the rule did not require sufficient justification for an individual to be punished for the crime of being a member of an organization.
Additionally, the Court highlighted that the rule subjected individuals to more severe penalties than members of the organization, even if they were not officially affiliated with the organization. The broad interpretation of the rule was also seen as a deterrent to fundamental rights such as freedom of expression, the right to organize meetings and demonstrations, and the right to organize or practice religion and conscience.
Ultimately, the Constitutional Court unanimously annulled the 6th paragraph of Article 220 of the Turkish Penal Code, ruling that it did not meet the constitutional requirement of legality. The decision is set to come into force after 4 months, and it was also stated that the second and third sentences in the same paragraph should be annulled as well.
This decision marks an important development in the Turkish legal system and reflects the Constitutional Court’s commitment to upholding the principles of justice and legality.
