Capital punishment in Turkey

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Capital punishment was abolished in Turkey 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 was hanging.

Contents

History

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

Prior to 1984, executions would usually occur after military interventions. Adnan Menderes, who served as Prime Minister, was hanged on 17 September 1961 following the 1960 coup d'état, along with two other cabinet members, Fatin Rüştü Zorlu and Hasan Polatkan. Student leaders Deniz Gezmiş, Hüseyin İnan, and Yusuf Aslan were hanged on 6 May 1972 after the 1971 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 the 1980 Turkish coup d'état. The men had appealed for clemency, but Turkey's National 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]

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 the Constitution and military, as well as for civilian criminal offences like murder and rape. These 24 articles defined a total of 29 offences punishable by death. [6]

Abolition

By Law 4771 of 9 August 2002 (the 3rd Package for Harmonization 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] Turkey ratified Protocol No. 13 to the European Convention on Human Rights, overseen by the Council 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

Since the failed 2016 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 the government planned to present a draft law restoring the death penalty to the Turkish Parliament and announced his intent to "countersign it"). [11]

After his victory in the constitutional referendum in 2017, Erdogan made favorable statements on the reinstatement of capital punishment, announcing he would discuss the possibility with Devlet Bahçeli of the Nationalist Movement Party (MHP) and the then-Turkish prime minister Binali Yıldırım. [12] In view of this happening, the President of the European Commission Jean-Claude Juncker announced that such an event would mean the end of an eventual Turkish accession to the European Union. [13]

Public opinion

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

In 2019, an Opinion 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

Under Article 12 of Law 765, death sentences were to be carried out by hanging after being approved by act of the Grand 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 a long 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 a short drop. People convicted of military crimes were executed by firing squad.[ citation needed ]

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

Alternatives

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 in individual cells in high security prisons and are allowed to exercise in a neighbouring yard one hour per day.[ citation needed ]

Related Research Articles

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

<span class="mw-page-title-main">Capital punishment in the United Kingdom</span> History of the death penalty in the UK

Capital punishment in the United Kingdom predates the formation of the UK, having been used in Britain and Ireland from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964; capital punishment for murder was suspended in 1965 and finally abolished in 1969. Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last to be executed for treason was William Joyce, in 1946. In 2004, Protocol No. 13 to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention.

<span class="mw-page-title-main">Capital punishment in Maryland</span>

Capital punishment was abolished via the legislative process on May 2, 2013, in the U.S. state of Maryland.

Capital punishment in Canada dates to Canada's earliest history, including its period as first a French then a British colony. From 1867 to the elimination of the death penalty for murder on July 26, 1976, 1,481 people had been sentenced to death, and 710 had been executed. Of those executed, 697 were men and 13 women. The only method used in Canada for capital punishment of civilians after the end of the French regime was hanging. The last execution in Canada was the double hanging of Arthur Lucas and Ronald Turpin on December 11, 1962, at Toronto's Don Jail. The National Defence Act prescribed the death penalty for certain military offences until 1999, although no military executions had been carried out since 1946.

<span class="mw-page-title-main">Capital punishment in New Zealand</span>

Capital punishment – the process of sentencing convicted offenders to death for the most serious crimes and carrying out that sentence, as ordered by a legal system – first appeared in New Zealand in a codified form when New Zealand became a British colony in 1840. It was first carried out with a public hanging in Victoria Street, Auckland in 1842, while the last execution occurred in 1957 at Mount Eden Prison, also in Auckland. In total, 85 people have been lawfully executed in New Zealand.

<span class="mw-page-title-main">Multi-party period of the Republic of Turkey</span> Period in the Republic of Turkey in which multiple parties are allowed (1945–present)

The multi-party period of the Republic of Turkey started in 1945.

<span class="mw-page-title-main">Capital punishment in Singapore</span>

Capital punishment in Singapore is a legal penalty. Executions in Singapore are carried out by long drop hanging, and usually take place at dawn. Thirty-three offences—including murder, drug trafficking, terrorism, use of firearms and kidnapping—warrant the death penalty under Singapore law.

Capital punishment is a legal penalty in Iran. The list of crimes punishable by death includes murder; rape; child molestation; homosexuality; drug trafficking; armed robbery; kidnapping; terrorism; burglary; incest; fornication; adultery; sodomy; sexual misconduct; prostitution; plotting to overthrow the Islamic government; political dissidence; sabotage; arson; rebellion; apostasy; blasphemy; extortion; counterfeiting; smuggling; recidivist consumption of alcohol; producing or preparing food, drink, cosmetics, or sanitary items that lead to death when consumed or used; producing and publishing pornography; using pornographic materials to solicit sex; capital perjury; recidivist theft; certain military offences ; "waging war against God"; "spreading corruption on Earth"; espionage; and treason. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. In 2018 there were at least 249 executions, at least 273 in 2019, at least 246 in 2020, at least 290 in 2021, at least 553 in 2022, at least 834 in 2023, and at least 226 so far in 2024. In 2023, Iran was responsible for 74% of all recorded executions in the world.

<span class="mw-page-title-main">Capital punishment in Australia</span>

Capital punishment in Australia has been abolished in all jurisdictions since 1985. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.

<span class="mw-page-title-main">Capital punishment in Romania</span>

Capital punishment in Romania was abolished in 1990, and has been prohibited by the Constitution of Romania since 1991.

Capital punishment was abolished in Suriname in 2015.

<span class="mw-page-title-main">Capital punishment in Jersey</span>

The island country of Jersey is a state in which capital punishment has been abolished.

Life imprisonment in Turkey is a legal form of punishment and the most severe form of punishment. In most cases life imprisonment replaced capital punishment. Law 4771 of 3 August 2002 abolished the death penalty for peace time and replaced capital punishment with life imprisonment for 17 provisions of the Turkish Penal Code. Law 5218 of 14 July 2004 abolished the death penalty completely. This law provided that in some 40 provisions of the Turkish Penal Code and other laws such as the Law on Forests the death penalty was replaced by aggravated life imprisonment.

Hıdır Aslan was a Kurdish rebel in Turkey and member of Devrimci Yol who was sentenced to death and executed by hanging.

Capital punishment refers to the execution of an offender sentenced to death after conviction of a criminal offense. Capital punishment is legal in Afghanistan and can be carried out secretly or publicly due to the current governmental system. The main methods of execution employed by the Afghan government on convicts are hangings and shootings. Stoning, amputation, and flogging are also sometimes used as a method for punishment, and were especially prominent during the late 1990s. Public executions have existed throughout Afghanistan's history. The former Afghan government took important steps away from the use of the death penalty, but they have continued with the Taliban returning to power in August 2021. Some executions have been recently condemned by the United Nations. UN experts have called on Afghan authorities "to halt immediately all forms of torturous, cruel, and degrading forms of punishments." The capital offenses in Afghanistan include a range of crimes from murder to adultery, and are governed by Sharia, along with civil laws.

Capital punishment is legal in most countries of the Middle East. Much of the motivation for the retention of the death penalty has been religious in nature, as the Qur'an allows or mandates executions for various offences.

Hanging has been practiced legally in the United States of America from before the nation's birth, up to 1972 when the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States. Currently, only New Hampshire has a law specifying hanging as an available secondary method of execution, now only applicable to one person, who was sentenced to capital punishment by the state prior to its repeal in 2019.

Capital punishment in Montenegro was first prescribed by law in 1798. It was abolished on 19 June 2002. The last execution, by shooting, took place on 29 January 1981, and the two last death sentences were pronounced on 11 October 2001. Montenegro is bound by the following international conventions prohibiting capital punishment : Second Optional Protocol to the International Covenant on Civil and Political Rights, as well as Protocols No. 6 and No. 13 to the European Convention on Human Rights. Article 26 of the Montenegrin Constitution (2007) that outlawed the death penalty states: "In Montenegro, capital punishment punishment is forbidden”.

Capital punishment has been a legal penalty in Kenya since before its independence, and continues to be so under Kenyan law. No executions have been carried out in Kenya since 1987, when Hezekiah Ochuka and Pancras Oteyo Okumu, leaders of the 1982 coup d'état attempt, were hanged for treason.

Capital punishment remains a legal penalty for multiple crimes in The Gambia. However, the country has taken recent steps towards abolishing the death penalty.

References

  1. "Tayyip Erdogan hints at return of death penalty in Turkey". The Telegraph. Agence France-Presse. 7 August 2016.
  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.
  3. "Death penalty in Turkey – Illusions in Europe". European Stability Initiative. 16 May 2017. Archived from the original on 5 May 2024. Retrieved 5 May 2024.
  4. 1 2 "A complete list of all executed people (in Turkish)". Archived from the original on 9 September 2018. Retrieved 10 September 2009.
  5. 1 2 "Two hanged in Turkey's first executions in 8 years". United Press International . 8 October 1980. Archived from the original on 5 May 2024. Retrieved 5 May 2024.
  6. 1 2 "Illustrated Reports of Amnesty International - B-Ob8ungen". ob.nubati.net.
  7. "Turkey agrees death penalty ban". BBC News . 9 January 2004. Retrieved 11 September 2021.
  8. "Ocalan sentenced to death". The Guardian. 29 June 1999.
  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.
  10. "Turkey Coup: Erdogan government could restore death penalty, deputy leader warns". The Independent . 16 July 2016.
  11. "Erdogan lässt Parlament über Todesstrafe abstimmen". Der Spiegel . 29 October 2016. Retrieved 11 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. Retrieved 11 July 2021.
  13. "Death penalty in Turkey would mean end to EU accession talks: Juncker". Reuters . 31 May 2017. Retrieved 11 July 2021.
  14. "Metropoll".
  15. 2019 Rapororcarastirma.com.tr (in Turkish) Archived 22 October 2020 at the Wayback Machine
  16. An online edition of Law 5275 Archived 2018-12-07 at the Wayback Machine (in Turkish on pages of the Turkish Government); accessed on 10 September 2009