Ceza Hukukunun Hümanist Olamayan Yüzü: Devlete Karşı İşlenen Suçlar

In the last half century, terrorist offences seem to have replaced political offences on the similar basis of being committed against State’s mechanism and functioning. This is also the period when State-form has started to lose its autonomy with the intervention of human rights protection mechanisms and its power in economy, with the rise of neoliberal policies. Just when State was searching for a reason to justify its existence, security concerns resulting from increasing terrorist threat have been there to support securitization …

Even though human rights doctrine took its place in every domain of legal systems after the Second World War, as a historical tradition, political offences have never had their share from this increasing humanist approach. Today, legal fight against terrorism is occurring within the national legislation of states where the intervention of human rights protection mechanisms is difficult, since it is possible to declare state of emergency. Since a state of emergency cannot last for a long time in a state governed by rule of law, the regular legal system applied for terrorist offences carry along the characteristics of a state of emergency. The executive power has more latitude to form legal response to terrorism, the judicial control mechanisms are not as strong as ordinary times, and the rights and freedoms can be restricted more easily than for the other offences. In this regard, it is hard to say that human rights are applied in a universal and equal manner for everyone, as long as current state form lasts…