INFORMATIVE NOTE ON THE
DECLARATION OF “STATE OF EMERGENCY” IN TURKEY
Turkey has experienced a bloody coup attempt aiming at overthrowing the democratically-elected government and the constitutional order in Turkey.
Among others, Grand National Assembly of Turkey and the Presidential Palace were bombed by the perpetrators using hijacked fighter jets and attack helicopters. Civilians who were resisting the coup attempt on the streets were directly aimed at and shot dead by machine guns and even by canon fire from the hijacked tanks.
The coup attempt claimed the lives of
246 Turkish citizens, including more than 60 security personnel. More than 2500 Turkish citizens were also wounded.
Solid evidences clearly show that the coup attempt was plotted and staged by Fethullah Gülen community/movement which has formerly been declared in Turkey as a terrorist organization, i.e. Fethullahist Terrorist Organization(FETÖ).
Over the years, FETÖ has created an undercover network in the Turkish Military as well as in several State organs. This organization has also created a broad network of members or sympathizers in foreign countries.
The foiled coup attempt is the latest criminal act revealing the real motivations of FETÖ as well as the big and enduring threats that FETÖ is still posing.
“STATE OF EMERGENCY” IN TURKEY:
It is evident that Turkey and its overall Government structure has been facing serious and multi-dimensional security threats since the coup attempt on 15 July 2016. Therefore, the risks against the public order still exist.
Extraordinary threats and conditions cannot be neutralized or managed by ordinary measures.
As from 21/7/2016, the Council of Ministers of Turkey has declared a “state of emergency” in Turkey for 90 days. This measure was approved by Turkish National Assembly the same day.
This measure was taken on the basis of Article 120 of the Constitution of the Republic of Turkey.
“State of emergency” is a measure permissible under the international law, including the European Convention of Human Rights (ECHR).
In this connection, Turkey resorted to the right of derogation from the obligations in the ECHR permissible under Article 15 of the Convention. As explicitly stated in the Convention, derogation is not a suspension of rights. It only brings certain limitations to the exercise of several rights under certain conditions.
According to the Turkish Constitution, all legislative decrees made by the Government during the “state of emergency” must be submitted to the approval of the National Assembly on the very same day.
During this “state of emergency” in Turkey, expedited elimination and neutralization of FETÖ, with all its undercover network and structure, will be the major objective, while the ultimate goal of the Turkish Government will remain to be the protection of the democracy, constitutional order and the fundamental rights and freedoms in Turkey.
Although the “state of emergency” has been declared for a period of 90 days, all extraordinary measures will be terminated once the result in the fight against the FETÖ is successfully attained.
“State of emergency” will be conducted in observance with the international human rights commitments of Turkey, while the rule of law will continue to be upheld. All effective legal remedies remain available and accessible during and after the “state of emergency”, including individual application to the Constitutional Court of Turkey.
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