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years in Turkey, including a total of 41 years covering 26 years of martial law regime at various times

between 1923 and 1987 and a 15-year-long state of emergency between 1987 and 2002 in addition to

a 2-year-long SoE between 2016 and 2018.

During these emergency periods, amendments were usually introduced to many laws, most

notably to constitutions; either new constitutions were drafted as was the case in military coup periods

in 1961, 1971 and 1980 or legislative amendments that restricted fundamental rights and freedoms

were introduced in individual laws.

The latest SoE regime was declared in the aftermath of the coup d’état attempt of 15 July 2016.

The government, exercising the power granted by Article 120 of the Constitution of the Republic of

attempt staged against the government on 15 July 2016. These decree laws are necessarily exempt

from judicial review. The Constitutional Court recanted its “previous” case-law in its judgment on

emergency decree laws in 2016 holding that emergency decree laws were not subjected to

constitutionality review.

implemented in states/conditions of non-emergency through Law No. 7145 and Law No. 7333.

SoE decree laws have two implications on the human rights field in Turkey with regards to their

content and practice. Firstly, they resulted in the corrosion of the principle of rule of law and in the

unlawful governance of the field of fundamental rights and freedoms in Turkey as per procedure.

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Secondly, they led to the shrinking of the activity field of current human rights struggle in many ways

in their practice. Therefore, the first part of this report will address the standards in restricting rights

and freedoms in major national and supranational human rights documents while discussing the

the elimination of problems brought about by the SoE and emergency decree laws and the

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attempted to stage a coup used a variety of arms including heavy weaponry like fighter jets and tanks.

245 citizens, including 173 civilians, lost their lives while 2,194 citizens were wounded during these

attacks. Coup plotters wounded numerous people (anti-coup public officials and civilian citizens who

resisted them). Coup plotters also bombarded the Grand National Assembly of Turkey (GNAT), the

legislative organ of the state. Following the quenching of the attempted coup on 16 July 2016, the

council of ministers (government) convening under the chairpersonship of the president on 20 July

2016 declared SoE for three months throughout the country under Article 120 of the then current

Constitution. The decision rendered by the council of ministers was ratified a day later on 21 July 2016

by the GNAT.

SoE was extended for another three months each time by the council of ministers convening under

the chairpersonship of the president and these extension decisions were ratified by the GNAT. This

process resumed until 19 July 2018 with three-month extensions. The committee of ministers

rendered a total of 32 emergency decree laws under the then in-effect Article 121 of the Constitution.

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5 other decrees, other than these 32 emergency decree laws

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, numbered 698, 699, 700, 702 and 703

also went into force as ordinary decree laws during the same timeframe.

Law No. 682 (Law No. 7068): “Law No. 7068, which includes the rule appealed against, went into

within the scope of the state of emergency” (para. 17). The Constitutional Court, thus, qualifies

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One can summarize the prominent features and consequences of emergency decree laws as

such:

Emergency. Moreover, a permanent measure exceeding the SoE timeframe and violating principles of

proportionality, effectiveness, constitutionality, rule of law, fundamental rights and democracy is

blatantly in violation of the standards of the Council of Europe, as has also been referred to in the

case-law of the European Court of Human Rights (ECtHR) and reports by the Venice Commission.

The SoE was extended for a total of 7 times by the committee of ministers under Article 3 of Law

No. 2935 on State of Emergency beginning with 21 July 2016 and the latest covered the period

Decree Law No. 682 as a decree law that was issued “within the scope of state of emergency.”

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immediately be submitted for approval of the Grand National Assembly of Turkey. If the

Grand National Assembly of Turkey is in recess, it shall be summoned to convene

request from the Council of Ministers, the Assembly may extend the duration each time for

a period not exceeding four months, or it may terminate the state of emergency. The

Council of Ministers after declaring a state of emergency in accordance with provision (b),

shall also consult the National Security Council before rendering a decision on questions

related to the extension of the duration, alternation of the scope, or the termination of the

state of emergency. (…)

A total of 32 decree laws were issued during the SoE under Article 121 of the Constitution and they

September 2016 were submitted to the Plenary of the GNAT a year and six months after they went

into force, while they were ratified on 6 February 2018 having been deliberated at the Plenary and

published in the Official Gazette on 8 March 2018 as Law No. 7080 and Law No. 7081 respectively.

This issue is covered by Article 121 of the Constitution. Accordingly, “Decrees shall be published in

the Official Gazette, and shall be submitted to the Grand National Assembly of Turkey on the same

day for approval; the duration and procedure for their approval by the Assembly shall be indicated in

its Rules of Procedure.” Article 128 of the GNAT’s Rules of Procedure sets forth that if deliberations

on the decrees fail to be concluded in the committees, within twenty days the latest, the Office of the

Speaker puts them on the agenda of the Plenary to be deliberated immediately within thirty days.

Out of a total of 32 SoE decree laws, a committee was convened merely for one, while 31 decree

all were passed into laws.

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within the framework of the coup attempt and counter-terrorism, and the related procedures and

principles.”

been acting against the national security of the state by the National Security Council would be

authorities intend to keep these measures in the legislation permanently.

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penitentiary institutions and detention centers. (…)

human rights conventions or covenants that a country is a party to and these articles can be

suspended during states of emergency. The important fact, however, is that these restrictions are

subjected to notification and supervision. Moreover, such suspensions or derogations are not valid for

convention or covenant articles that cannot be restricted or derogated from. The Republic of Turkey is

a party to the United Nations International Covenant on Civil and Political Rights (ICCPR) and the

1. In time of public emergency which threatens the life of the nation and the existence of

which is officially proclaimed, the States Parties to the present Covenant may take

measures derogating from their obligations under the present Covenant to the extent

strictly required by the exigencies of the situation, provided that such measures are not

inconsistent with their other obligations under international law and do not involve

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made

under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall

intermediary of the Secretary-General of the United Nations, of the provisions from which it

has derogated and of the reasons by which it was actuated. A further communication shall

obligation (Art. 11), no punishment without law (Art. 15), right to recognition as a person

before the law (Art. 16), right to freedom of thought, conscience and religion (Art. 18).

No derogations are allowed about these rights and freedoms as is stated in Article 4/2.

from these obligations

by the council of ministers that convened under the chairpersonship of the president as per Article 121

of the Constitution and Article 4 of Law No. 2935 on the State of Emergency dated 25 October 1983.

be the plotter of the failed coup attempt and incorporated the following measures in brief:

Emergency dated 1983 since Articles 9 and 11 of Law No. 2935 on State of Emergency list the

no. 674. Accordingly, the statuses of research assistants employed within the scope of the

metropolitan municipalities and banking services can now be postponed for 60 days.

contracted non-commissioned officers, specialist gendarmes, specialist sergeants, contracted

sergeants and contracted privates serving at the Gendarmerie General Command and Coast

Guard Command” was added to the list of those who are not allowed to become members and

founders of public trade unions in Law No. 4688 on Public Employees’ Trade Unions and

Collective Labor Agreements through decree law no. 682.

scope of resources and financing for the Turkey Wealth Fund were expanded through decree

law no. 684.

employees would hire to be paid by the Unemployment Insurance Fund was introduced by this

decree law.

amended through decree law 690. Marriage programs were banned.

Code of Criminal Procedure.

Decree laws both regulated the governmental (administrative) structure of the country and

issues of security and defense as well as introducing radical and permanent changes to

bills,” see: When the State of Emergency Becomes the Norm: The Impact of Executive Decrees on

Republic of Turkey, the idea of “a democratic state governed by rule of law” also contains within itself

the principle of limited government. The Constitution of the Republic of Turkey allows governments to

derogate from or restrict human rights provisions and obligations only during the state of emergency

legislation during the two-year-long state of emergency and these decree laws introduced

amendments to more than 150 laws. These amendments were not checked by the GNAT and they

were introduced without creating an effective remedy in respect of their consequences.

decree laws 667, 677, 679, 689 and 695, while closure decisions were lifted for 183 associations upon

objection which makes the figure go down to 1,424. The Inquiry Commission the State of Emergency

Measures, too, announced that it delivered acceptance decisions for 61 closed-down associations,

decisions for foundations were rendered through emergency decree laws and by a commission set up

carried out effective works in the field of human rights (Progressive Lawyers’ Association, Lawyers for

report of 21 July 2018 entitled “OHAL’in İki Yılının ve Başkanlık Rejiminin Çalışma Hayatına

Freedom Association, Association for Human Rights Research) as well as those working in the fields

of rights of women and children. For example, closed-down women’s associations included Adıyaman

Women’s Life Association, Anka Women’s Research Association, Bursa Panayır Women’s Solidarity

A total of 200 media outlets were also closed down during the 18-month SoE. Closure decisions

were revoked only for 25 of them, which makes the figure 175 as of 31 December 2017. Closure

decisions were rendered for 67 newspapers through decree laws nos. 668, 675, 677, 693 and 695

during the SoE, while these decisions were revoked for 17 of them through decree laws nos. 675 and

were revoked only 4 of these television channels through decree law no. 675 and decisions by the

through decisions rendered by related judicial organs or administrative bodies. Thus, for example,

Article 23 of Decree Law No. 671 abolished the Telecom Presidency and transferred its functions to

the Information and Communication Technologies Authority. Article 25 of this Decree Law established

a new procedure for authorizing wiretapping of telecommunications and obtaining access to electronic

data archives. It thus amended the current Article 60 of the Electronic Communications Law.

Article 16 of decree law no. 674 amended Law No. 5275 on the Enforcement of Sentences and

Security Measures granting the Chief Public Prosecutor’s Office the power to restrict “temporary

leave” for prisoners from penal institutions. The article reads:

Article 16 – The following sentence has been added to Article 92/1 on Law No. 5275 on the

Enforcement of Sentences and Security Measures dated 13/12/2004:

In the event that it is evaluated that prisoners incarcerated under offenses listed in Article

9/2 may endanger the order of the penitentiary institution and public security, that members

activities and communication in accordance with the purposes of their respective

organizations and that there are security risks with regards to roads, penitentiary

institutions in which they are held, exam centers or schools, the Chief Public Prosecutor’s

Office shall be entitled to restrict their leave from such institutions.

Article 38 of this decree law, amending Law No. 5393 on Municipalities, put forth the procedure to

replace mayors who were removed from their offices for offenses of aiding and abetting terrorism.

committed within the framework of organizational activity. Article 3, amending the provisions of the

Code of Criminal Procedure (CCP), prescribed that suspects taken into custody for such offenses

The Venice Commission also criticized the issue of “trade union rights.” As is known, thousands of

wage-earners employed at closed-down institutions were not public officials and were employed as

workers entirely within the framework of private law. The termination of the receivables of these

workers under private law through a decree law goes well beyond the objective of the declaration of

the SoE and introduces a permanent amendment to labor law. Such changes cannot be done through

emergency decree laws. Fees and other workers’ receivables are incumbent on the employer both

under the Law of Obligations and Labor Law.

The state, which confiscated these institutions, cannot victimize workers employed at these

institutions. Upon the closure of these institutions, fees and severance pay receivables should be paid

to the workers. Workers cannot be held responsible and punished for offenses that might have been

committed by the owners of the closed-down institutions. Yet, the trial and punishment of workers

any, have to paid. The contrary would mean forced labor and under the ECHR forced labor is

prohibited even under states of emergency.

public employees were dismissed through emergency decree laws, while 487 were dismissed through

SES (Health and Social Services Workers’ Trade Union) was, too, subjected to repressive policies

faced by trade unions affiliated with KESK during the SoE. Because a large number of members of

trade unions affiliated with KESK were dismissed during the SoE, these dismissals led to resignations

the number of SES members was 39,207 as of May 2016, this figure went down to 20,304 in May

2019. 796 SES members were also dismissed from their public posts during this period. While 162 of

these individuals were reinstated as of February 2020, applications by 92 were rejected. Inquiries are

pending for other dismissed members.

According to a report on union rights violations drafted by KESK and announced on 26 December

2019, 4,283 public employees were dismissed from their posts through emergency decree laws during

advantage of the failed coup attempt and dismissed at least 4,770 members of trade unions affiliated

with KESK with no legal guarantees granted. Even this state of affairs on its own actually reveals the

fact that the current constitutional and legal guarantees in Turkey were suspended during the SoE and

the practice was changed in its entirety.

Confederation of Progressive Workers’ Unions [DİSK]. “OHAL’in İki Yılının ve Başkanlık Rejiminin

Çalışma Hayatına Etkileri: OHAL ve Başkanlık Emeğe Zararlıdır.” 21 July 2018.

The Global Rights Index 2020 issued by the International Trade Unions’ Confederation (ITUC)

listed Turkey among the 10 worst countries in the world for working people among 144 countries.

This report, too, revealed the serious setback in freedom of association, a part of trade union rights, in

The problem of substitution of criminal laws in Turkey has deteriorated particularly in the aftermath

climate of fear.

Saturday Mothers’ 700

Square asking for the fates of their loved ones who had been subjected to enforced disappearances in

and they are only allowed to do so in a small street before İHD’s İstanbul branch.

The principle of rule of law, right to a fair trial, right to property, ILO Termination of Employment

Convention (C 158), ban on discrimination in employment and occupation (ILO C 111), right to work,

right to education, freedom of association, freedom of movement, presumption of innocence, judicial

guarantees, academic freedom, right to liberty and security of person, right to defense, right to legal

counsel can be listed among the violated human rights within the scope of this study.

Emergency decree laws issued during the 2016-2018 SoE violated Articles 10, 11, 20, 23, 24, 25,

maintained nonstop for 6 months.

Period of custody was cut back down to 14 days from the previous 30 through decree law

no. 682 that went into effect on 23 January 2017 while the ban on conferences with

lawyers was also cut back down to 1 day.

135,147 public employees were dismissed from public service through decree laws during

the SoE.

Works permits of 22,474 people, who had been working at closed-down private institutions

and most of who were teachers, were revoked.

A total of 4,395 judges and prosecutors were dismissed through mostly by decisions

rendered by the Board of Judges and Prosecutors, Constitutional Court rulings, and

through Supreme Military Council decisions for military judges and prosecutors.

48 healthcare institutions were closed down.

201 media outlets were closed down during the SoE.

The report “A Perpetual Emergency: Attacks on Freedom of Assembly in Turkey and

for the Protection of Human Rights Defenders (OBS), demonstrated the fact that all rights defenders,

particularly human rights defenders working in the Southeast, LGBTI+ rights defenders and women’s

rights defenders, faced gross repression; their activities were surveilled by the police everywhere;

almost none of their outdoor activities was allowed during the SoE. It was also observed that human

rights defenders were subjected to criminal investigations and prosecution due to virtually all their

activities in the public space.

Numerous journalists were detained during the SoE. When the SoE was lifted there were 172

journalists in prison. 1,607 associations and 168 foundations were also closed down during the SoE.

According to the official figures released by the Ministry of Justice, court cases had been brought

against 4,187 persons for insulting the president (TPC Art. 299) in 2016 while this figure went up to

6,033 persons in 2017. While 482 court cases were brought under TPC Article 301 that regulates

prosecutor and the ruling of the judge under Article 19 of the Constitution. Article 19 of the

The law designated that dismissal of persons from public office would continue by way of

commissions to be established at every public institution and body upon the consent of the related

minister. This was an attempt to maintain the SoE order in just the same way as emergency decree

authority of the political power with no limits.

The number of unlawful arrests and detentions as well as imprisonment convictions rendered for

human rights defenders in finalized cases that utterly violated the right to a fair trial, which were all at

So much so that UN Human Right Experts (Mr. David Kaye, Special Rapporteur on the promotion

and protection of the right to freedom of opinion and expression; Ms. Fionnuala D. Ní Aoláin, Special

Rapporteur on the promotion and protection of human rights while countering terrorism; Ms. Urmila

Bhoola, Special Rapporteur on contemporary forms of slavery, including its causes and

not to extend state of emergency on 17 January 2018 and stated: