Top court annuls key provision in penal code
ANKARA
In a critical decision on the penal code, the Constitutional Court has annulled the provision of "committing a crime on behalf of an armed terrorist organization without being a member,” defining it as ambiguous.
The high court justified the annulment decision by asserting that the lack of clarity in the boundaries of the provision, the concept of “on behalf of the terror organization” and potential arbitrariness in its application would be contrary to the principles of legality in crime and punishment.
Highlighting the absence of any regulation on what should be understood from the concept of "committing a crime on behalf of the terror organization" and the lack of differentiation among the committed crimes, the court emphasized that recognizing a person as having committed a crime on behalf of the organization would also entail uncertainty in punishing them separately for the crime of joining the organization.
Regarding the disputed provision stating that “a person who commits a crime on behalf of the terror organization, without being a member, is also punished for the crime of joining the organization," the court emphasized that this would result in a non-member receiving a more severe punishment than a member.
The court further noted that judicial authorities interpret this concept based on the specific characteristics of each case and that clarity cannot be achieved through judicial interpretation.
Additionally, the court pointed out that while the application of the provision is possible for crimes unrelated to fundamental rights, its expansive interpretation due to the ambiguity of the concept poses a strong deterrent effect on fundamental rights such as freedom of expression, the right to assembly and demonstration and the freedom of organization or religion and conscience.
The high court ruled that the decision would enter into force four months later.
