Amnesty practices in the Republic of Turkey (1923-2001)

ABSTRACT Throughout history, every political formation has tried to take measures to protect social order. It has been thought that the most effective of these measures are the penalties considered and/or imposed in response to actions considered to contain criminal elements. However, it was also thought that creating a crime and imposing penal sanctions alone were not sufficient to protect the established social order. This idea is the main reason why the concept of forgiveness emerged parallel to the concepts of crime and punishment. Authors of studies in this field claim that the existence of the institution of amnesty is as old as human history and is as effective in maintaining order as the existence of crime and punishment. Even today, amnesties are among the legal regulations considered as a solution to the political and social impasses of states and the deadlocks of justice mechanisms. The replacement of the sultan's will, which was seen in every field in the Ottoman Empire, with the national will in the new Turkish State will also show itself in amnesty policies and practices. The First Grand National Assembly of Turkey, which was not only a legislative body but also held executive and judicial powers for a time, also saw itself with the power to grant amnesty during this period. In fact, this Assembly has used the aforementioned authority more in number compared to other legislative periods. After the establishment of the Presidency, the Turkish Grand National Assembly assumed the power of pardon together with the said office. .The limits of this have been drawn by the constitutions in force. In Turkey, amnesties have been considered not only as a social measure but also as a reference, with amnesties aiming to reintegrate the suspect and/or criminal into society, and it has been accepted that amnesty is one of the means of rehabilitating individuals who act against the law. In the first part of the six-chapter study, the institution of amnesty and its development process in Turkish history are emphasized. In the second part, the amnesty politics and practices of the First TBMM Period (1920-1923) and in the third part, the CHP Period (1923-1950) are detailed. In the fourth section, the DP Period (1950-1960), in the fifth section, the amnesty politics and practices between 1960-1980, and in the sixth section, the amnesty politics and practices between 1980-2001 are examined. As a result, the study addresses the status of the institution of amnesty in Turkish state structures in a holistic manner and aims to contribute to the studies in the field especially in this respect. Key Words: Crime, Punishment, Amnesty, Historical Process, Law, Politics, Republic of Turkey