II. Meşrutiyet’in İlk Günlerinde Uygulanan Afların Mahiyet ve Etkileri (1908-1909)
Aydın Yetkin“Suç, ceza, infaz ve af”; insanlık tarihi kadar eski olan bu kavramlar, birbirlerine neden-sonuç ilişkileriyle bağlı toplumsal ve hukuki olgulardır. Lügatte suçu bağışlamak manasına gelen ve bir hukuk terimi olarak kesinlik kazanmış olan cezaların, devletin yetkili organlarınca hafifletilmesi ya da tamamen kaldırılması anlamına gelen af, insanlık tarihi süresince her toplum tarafından farklı dönemlerde, çeşitli nedenlerden dolayı tatbik edilmiştir. Bilhassa sosyal ve siyasal dönüşümlerin meydana geldiği, isyan ve savaşların yaşandığı zamanlarda affa başvurulmuştur. Osmanlı Devleti açısından bu uygulamaların kapsam ve amaçları değişmekle birlikte, özellikle olağanüstü zamanlarda müracaat edilen affın kullanımına dair yakın tarihteki en dikkat çekici örnekler II. Meşrutiyet’in ilanı sonrasında çıkarılanlardır. Bu çalışmada başta Devlet Arşivleri Genel Müdürlüğü, Milli Kütüphane Süreli Yayınlar Arşivi olmak üzere önemli arşiv ve kütüphanelerden istifade edilmiş, döneme ve konuya ilişkin çok sayıda belge incelenmiştir. Bunun yanı sıra çok sayıda Osmanlıca gazete/mecmua ile düsturlar ve meclis zabıtları detaylı bir şekilde taranmış, konunun kuramsal çerçevesini oluşturacak telif eserlerden istifade edilmiştir. II. Meşrutiyet’in ilandan sonraki bir yıl içerisinde çıkarılan afları, nitelikleri ve yarattığı etkileri bakımından hukuki, siyasal ve sosyal açıdan incelemeyi amaçlayan bu çalışma ile bu dönem zarfında çıkarılan afların arzu edilen hedeflere ulaşmadığı sonucuna varılmıştır.
The Nature, Scope, and Effects of the Amnesty Laws That Were Applied in the Early Days of the Second Constitutional Revolution (1908-1909)
Aydın YetkinCrime, punishment, execution, and amnesty are terms are as old as human history and represent social and legal phenomena that are causally related. According to the dictionary, amnesty means the forgiveness of crimes. As a legal term, it refers to the mitigation or complete cancellation of certain punishments by the relevant governmental authorities. Amnesty has been used throughout human history by every society at different times and for different reasons. Amnesty laws were specifically enacted after social and political revolutions, rebellions, and wars with the aims of securing peace between the state and society, reintegrating criminals into society, restoring state authority, and, if necessary, eliminating the need for soldiers. As in many other states, amnesty laws were applied in the Ottoman Empire for different reasons and purposes at various times. The amnesty laws enacted after the proclamation of the Second Constitutional Revolution are the most striking examples in Turkish history. This study examines the amnesty laws enacted within one year of the proclamation of the Second Constitutional Revolution in terms of their content and effects.
The changes in the scope of the concepts of crime, punishment, and execution throughout history have brought the issue of amnesty to the agenda when the necessary situations arise. Amnesty means the forgiveness of a crime and, as a legal concept, is the mitigation or complete cancelation of punishments that have been or are being lawfully imposed by the competent authority. This practice has a history as old as crime, punishment, and execution, is now found in many legal systems, and mainly concerns constitutional and criminal law.
Amnesty laws were usually enacted during or after revolutions, wars, and revolts. The aim is to reintegrate into society those who have violated public order, restore state authority, and eliminate the need for soldiers. As with other laws, amnesty laws have explanations of the reasons for which they were legislated. However, sometimes these are not the main reasons for passing laws. Amnesty laws may also be promulgated on grounds where no benefit is seen to exist in continuing to punish a crime, where it is seen as a solution for closing loopholes in the law and remedying injustice, or where a particular group of crimes or criminals will be pardoned. These reasons also include state interests and the decimation of a repressive regime.
Terms such as Afv-ı Âli, Afv-ı Umumi, and Afv-ı Şahane were used for the pardons declared in the Ottoman Empire. Amnesty laws with these words in their titles were often promulgated for the following reasons:
• Pardoning prisoners with chronic illness,
• Celebrating a Sultan’s accession to the throne,
• Celebrating a Sultan’s birthday,
• Forgiving some criminals as a result of a Sultan’s visit to a city, • Celebrating national/holy days,
In addition, amnesty laws were declared before, during, or after wars and riots. The first of the most regulated periods of amnesty laws in Turkish history was during the reign of Abdul Hamid II. The main purposes of the pardons promulgated during this period were to use them as a political argument in foreign policy, to prevent seditious activities caused by many internal and external factors, and to restore public order and the state authority that had been damaged by riots and revolutionary movements.
After the Second Constitutional Revolution in 1908, the government proclaimed a general amnesty for those who had committed acts referred to as political crimes. Thus, the rights of all victims who had been harmed by Abdul Hamid’s repressive rule were restored. In addition, people who had been arrested or convicted for political or serious crimes in Istanbul and other regions were evacuated by the government due to fear of a public uprising.
As far as can be ascertained for this period covering 1908-1918, 34 laws are found in which the question off amnesty was regulated. Only six of these laws belonged to the first year of the Second Constitutional Revolution. The impact of the amnesty laws legislated between 1908-1909 regarding prisons, society, and public order were the most controversial issues of the Second Constitutional Revolution.
During this period, amnesty laws that had been enacted for political crimes began to be implemented rapidly, but the amnesty was not easy to enforce because those excluded from the amnesty began to cause riots in the prisons. As a result, the government lost control over some prisons, and uncontrolled riots occurred.
If the scope of the amnesty law had not been expanded after the government lost control, it would have obviously occurred by itself, and the state would have been humiliated. For this reason, amnesty was expanded to include serious crimes, and many people were freed from prison. However, the amnesty for serious crimes made people nervous, and the public organized protests against this type of amnesty.
Between 1908-1918, numerous amnesty laws were enacted for various reasons. In particular, the release of people who had committed serious crimes led to an increase in the crime rate, because many of the old criminals who’d been released started committing crimes again. For this reason, repressive laws and practices were used to ensure public order, even if it meant limiting human rights.
Between 1908-1918, numerous amnesty laws were enacted for various reasons. In particular, the release of people who had committed serious crimes led to an increase in the crime rate, because many of the old criminals who’d been released started committing crimes again. For this reason, repressive laws and practices were used to ensure public order, even if it meant limiting human rights.