ÊLIH – Veysi Atmaca, a lawyer from the Association of Lawyers for Freedom (ÖHD), emphasized the necessity of a broad and inclusive parliamentary commission to address the Kurdish issue, arguing that constitutional amendments are essential for a lasting solution.
As part of the Peace and Democratic Society Process, a parliamentary commission is expected to be formed in the coming days under the initiative of Parliament Speaker Numan Kurtulmuş. However, the scope and structure of the commission remain under debate.
WHAT KIND OF COMMISSION?
Atmaca stressed that the commission must include not only parliamentary parties but also those outside the parliament, as well as representatives from different ethnic and faith groups, human rights defenders, and constitutional law experts. “Only with such inclusivity can the commission contribute to a meaningful solution,” he said.
According to Atmaca, the commission should not only address legal and constitutional reforms, but also establish a legal framework concerning members of the PKK who demonstrate a willingness to disarm. Atmaca said: “Throughout history, guerrilla movements engaged in national liberation have found ways to enter political life. Excluding PKK members from this process does not contribute to peace.”
‘LEGAL GROUNDWORK IS A PRIORITY’
Atmaca stated that the commission’s first task should be to provide legal guarantees for the peace process. He also called for urgent legal measures regarding seriously ill prisoners and those facing release restrictions. “These must be priority issues for the commission. In later stages, all legal frameworks, including the Constitution, must be open to discussion,” he added.
Calling the Kurdish issue a “constitutional problem,” Atmaca emphasized that constitutional change is required. He pointed to the foundational character of Turkey’s current constitution and said certain articles pose significant barriers to a democratic resolution.
Atmaca criticized Article 4, which protects the immutability of the first three articles of the Constitution. “From a constitutional law perspective, this clause holds little value. Constitutions are meant to safeguard society from the arbitrary will of the state. Prohibiting amendment of core articles shortens the democratic lifespan of a constitution,” he said.
Atmaca specifically highlighted Article 66, which defines all citizens of Turkey as “Turks” by virtue of their legal bond to the state. “This reflects a dogmatic approach. Citizenship should not be based on ethnicity. Amending Article 66 is vital in the context of this process,” he argued.
‘ÖCALAN’S PERSPECTIVE CENTERS ON DEMOCRATIZATION’
Touching on messages from Abdullah Öcalan, Atmaca said: “Mr. Öcalan has long argued that Turkey cannot continue in its current form. He offers a path forward for Turkish-Kurdish relations and outlines democratic frameworks for governance. In both the 2009 and 2013 processes, he placed great emphasis on constitutional change.”
Atmaca concluded by stating that the Kurdish issue can only be resolved through structural legal reform: “The current constitution does not address the identity and status demands of the Kurds. Without constitutional amendments, any solution to the Kurdish issue will remain illusory.”