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KHK

Watch of Shame at Delivery Room Entrance for Ayşe Ateş, A Mother Who Just Gave Birth

Ayşe Ateş, an accountant dismissed from her job due to the statutory decrees in Turkey, gave birth today. Despite the doctor’s advice, the prosecutor denied Ayşe Ateş’s mother to stay with her. Soldiers waited for Ayşe Ateş outside the delivery room entrance. After the delivery, Ayşe Ateş and her one-day-old baby were brought back to the prison. CHP Deputy and human rights activist lawyer Sezgin Tanrıkulu said, “History has not seen such unscrupulousness”.

Source: http://aktifhaber.com/15-temmuz/boyle-vicdansizligi-tarih-yazmadi-1-gunluk-bebegiyle-tekrar-cezaevinde-h110813.html

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It is high time for the European Court of Human Rights to step in!

Turkey witnessed a coup attempt on 15 July 2016. The 3-month State of the Emergency regime which was declared immediately after the coup attempt (21/07/2016) by the Cabinet “to preserve the democratic order” has since been extended for five times.Despite calls by the European Union, the Council of Europe, and the Venice Commission and numerous human rights institutions for the Turkish government to end it, the State of Emergency Regime remains in effect. In defiance of its purpose, The Turkish government has subversively used the State of Emergency Regime against the country’s democratic parliamentary system, the rule of law and human rights.

During the state of emergency, so far;
-28 deputies have been taken into custody, duly elected mayors of 90 different towns/cities have been removed from office,
-61,247 individuals, including 16 deputies, two members of the Constitutional Court, 193 members of the Court of Cassation, 2360 judges and prosecutors, 571 lawyers and 308 journalists have been arrested,
-As of today, a total of 128,998 people have been taken into custody for terrorism-related offenses (being the members of an armed terrorist organization. 100 people a day are being arrested on average.

With thirty different Emergency Decree Law, which is exempt from judicial review;
-146,713 public servants including 4463 judges and prosecutors, 8693 academics, 6687 doctors and paramedics 44,392 teachers have been dismissed from their jobs,
-3003 private hospitals, schools, student dorms and universities, 187 media outlets, 1,412 associations and 139 charities have been shut down, and their assets have been confiscated,
-1,020 private companies have been seized.

On the face of these human rights breaches, European Court of Human Rights is the ultimate hope of the victims. Yet, the ECHR has been consistently refusing applications on the grounds that the domestic remedies in Turkey is not yet consummated.In order to prevent conviction at the ECHR, the Turkish government instituted the Constitutional Court as an additional court of appeal for individuals and established a highly unproductive Commission on Statutory Decrees Under State of Emergency. Neither institution helps the victims.

Only last week, four separate criminal courts of the first instance have refused to implement an order of the Turkish Constitutional Court to release veteran journalist Mehmet Altan and Sahin Alpay:
-On 11 January 2018, the Turkish Constitutional Court decided that the detention of journalists Sahin Alpay and Mehmet Altan were unlawful and that it constituted a violation of their rights protected by both the Turkish Constitution and the European Convention on Human Rights,
-On the same day, Istanbul 13th and 26th High Penal Courts refused to release Altan and Alpay on the grounds that the decisions (of the TCC) have not yet been published in the Official Gazette,
-On 12 January 2018, Istanbul 13th and 26th High Penal Courts declined release of Altan and Alpay once again on the grounds that the TCC exceeded its authority as specified in the Constitution itself,
-On 15 January 2018, Istanbul 14th and 27th High Penal Courts turned down objections from the lawyers of Altan and Alpay that the decision of the TCC had to be implemented without delay and ordered their detention to continue.

In the light of the above, there is without a doubt no effective domestic remedy in Turkey and the judicial hierarchy as determined by the Turkish Constitution has been disrupted.

We, therefore, urge The European Court of Human Rights to reconsider its current view that the Turkish Constitutional Court offers an effective domestic remedy and start without further delay reconsidering applications brought by thousands of victims against Turkey.

It is high time for the European Court of Human Rights to step in!

We urge everyone to take action. Please sign the petition linked below:
https://www.change.org/p/the-european-court-of-human-rights-the-council-of-europe-it-is-high-time-for-the-european-court-of-human-rights-to-step-in?recruiter=735343625&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_petition&utm_term=share_twitter_responsive

This petition will be delivered to:
The European Court of Human Rights
The Council of Europe

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AST Turkey’s Human Rights Violations Weekly Jan 8

Download as pdf: AST_Turkey’s Human Rights Violations Weekly_Jan 8

Turkey’s Human Rights Violations | 1/1/2018-1/8/2018

1-” Arti Gercek columnist under police custody for 3 days”
https://turkeypurge.com/arti-gercek-columnist-police-custody-3-days

2-” Gülen’s nephew detained in Istanbul”
https://turkeypurge.com/gulens-nephew-detained-istanbul

3-” Turkish police detain another pro-Kurdish deputy in İzmir: report”
https://turkeypurge.com/turkish-police-detain-another-pro-kurdish-deputy-izmir-report

4-” Turkey’s National Intelligence received 25,000 informer reports on Gülenists in 2017: report”
https://turkeypurge.com/turkeys-national-intelligence-received-25000-informer-reports-gulenists-2017-report

5-” Turkey’s new racist political party: ‘Turks are superior race’”
https://turkeypurge.com/turkeys-new-racist-political-party-turks-superior-race

6-” Turkish court approves 34-year sentence for 6 pro-Kurdish university students”
https://turkeypurge.com/turkish-court-approves-34-year-sentence-6-pro-kurdish-university-students

7-” Journalist Aysenur Arslan gets 12-month jail sentence for insulting Erdogan”
https://turkeypurge.com/journalist-aysenur-arslan-gets-12-month-jail-sentence-insulting-erdogan

8-” [VIDEO] Pro-Erdogan journalists urge gov’t to seize Gulenists’ assets and pay potential US fines against Halkbank”
https://turkeypurge.com/video-pro-erdogan-journalists-urge-govt-seize-assets-gulenists-pay-us-fines-halkbank

9-” Yet another journalist jailed in Turkey, already worst jailer of media in world”
https://turkeypurge.com/yet-another-journalist-jailed-turkey-already-worst-jailer-media-world

10-” Two women detained during visit to jailed husbands in Edirne prison”
https://turkeypurge.com/two-women-detained-visit-jailed-husbands-edirne-prison

11-” Former Zaman columnist Ali Unal, under arrest for 17 months, denied request for release”
https://turkeypurge.com/zaman-columnist-ali-unal-arrest-17-months-denied-request-release

12-” ‘Gülenist’ couple ‘battered and tortured’ in Nevşehir prison”
https://turkeypurge.com/gulenist-couple-battered-tortured-nevsehir-prison-claim

13-” Disabled son of purge-victim ‘Gülenist’ family dies of intestinal cancer: report”
https://turkeypurge.com/disabled-son-purge-victim-gulenist-family-dies-intestinal-cancer-report

14-” Turkish court sentences pro-Kurdish deputy to 16 years, eight months in jail”
https://turkeypurge.com/turkish-court-sentences-pro-kurdish-deputy-16-years-eight-months-jail

15-” Pro-Kurdish HDP deputy gets 21 months in jail for insulting Erdogan”
https://turkeypurge.com/pro-kurdish-hdp-deputy-gets-21-months-jail-insulting-erdogan

16-” Report: 189 journalists detained, 58 remanded in prison in 2017″
https://turkeypurge.com/report-189-journalists-detained-58-remanded-prison-2017

17-” At least 49 former Bank Asya shareholders taken into custody over coup charges: report”
https://turkeypurge.com/least-49-former-bank-asya-shareholders-coup-charges

18-” Pro-Kurdish deputy, already in jail, gets 1.5 years more in prison”
https://turkeypurge.com/pro-kurdish-deputy-already-jail-gets-1-5-years-prison

19-” 5-year-old boy dies after being hit by police vehicle in Diyarbakir: report”
https://turkeypurge.com/5-year-old-boy-dies-hit-police-vehicle-diyarbakir-report

20-” HDP leader, already in jail, fined TL 15,000 for insulting Erdogan”
https://turkeypurge.com/hdp-leader-already-jail-fined-tl-15000-insulting-erdogan

21-” Civilians now taking up arms in two provinces, says İYİ Party leader”
https://turkeypurge.com/civilians-now-taking-arms-two-provinces-says-iyi-party-leader

22-” Business ethics professor remanded in prison after trying to escape to Greece”
https://turkeypurge.com/business-ethics-professor-remanded-prison-trying-escape-greece

23-” 36 more sought in İstanbul on suspicion of ByLock use”
https://www.turkishminute.com/2018/01/06/36-more-sought-in-istanbul-on-suspicion-of-bylock-use/

24-” Turkish minister: 48,305 people jailed in 2017 over Gülen links”
https://www.turkishminute.com/2018/01/05/turkish-minister-48305-people-jailed-in-2017-over-gulen-links/

25-” Lawyer under investigation, accompanied by infant, put in pretrial detention”
https://www.turkishminute.com/2018/01/01/lawyer-under-investigation-accompanied-by-infant-put-in-pretrial-detention/

26-” Detention warrants issued for 70 more military personnel over Gülen links”
https://www.turkishminute.com/2018/01/04/detention-warrants-issued-for-70-more-military-personnel-over-gulen-links/

27-“German Ministry Confirms Connection Between Violent Gang And Turkish Gov’t”
https://www.turkishminute.com/2017/12/30/erdogan-says-chp-leader-supports-all-terrorist-organizations/

28-“German Ministry Confirms Connection Between Violent Gang And Turkish Gov’t”
https://stockholmcf.org/german-ministry-confirms-connection-between-violent-gang-and-turkish-govt/

29-“KESK: Over 50 Public Officials, Who Were Dismissed By Gov’t Decrees, Commit Suicide In Turkey”
https://stockholmcf.org/kesk-over-50-public-officials-who-were-dismissed-by-govt-decrees-commit-suicide-in-turkey/

30-“Gülen’s 63-Year-Old Disabled Cousin Put Into Solitary Confinement By Turkish Authorities ”
https://stockholmcf.org/gulens-63-year-old-disabled-cousin-put-into-solitary-confinement-by-turkish-authorities/

31-“Erdoğan Targets Boğaziçi University, Claims ‘Engaged In Activities Against Turkey’”
https://stockholmcf.org/erdogan-targets-bogazici-university-claims-engaged-in-activities-against-turkey/

32-” Four Young People Subjected To Turkish Police Violence Due To Hair Style”
https://stockholmcf.org/four-young-people-subjected-to-turkish-police-violence-due-to-hair-style/

33-” Report: Erdoğan Constructing New Regime In Turkey By Gov’t Decrees Under Rule Of Emergency”
https://stockholmcf.org/report-erdogan-constructing-new-regime-in-turkey-by-govt-decrees-under-rule-of-emergency/

34-” İstanbul Bar Files Complaint Against Minister Soylu Over His ‘Break The Legs’ Order”
https://stockholmcf.org/istanbul-bar-files-complaint-against-minister-soylu-over-his-break-the-legs-order/

35-” France Judicial Union Urges Macron To Require Erdoğan To Release Jailed Lawyers”
https://stockholmcf.org/france-judicial-union-urges-macron-to-require-erdogan-to-release-jailed-lawyers/

36-” France’s Macron urges respect of rule of law in talks with Erdogan”
https://www.reuters.com/article/us-france-turkey/frances-macron-urges-respect-of-rule-of-law-in-talks-with-erdogan-idUSKBN1EU1LI

37-” More than 100,000 Turks who lost jobs after 2016 coup attempt await rulings”
https://www.theglobeandmail.com/news/world/more-than-100000-turks-who-lost-jobs-after-2016-coup-attempt-await-rulings/article37477562/

38-” Council of Europe criticizes Turkish ban on LGBTI events”
http://jacksonobserver.com/council-of-europe-criticizes-turkish-ban-on-lgbti-events/

Türkiye tarafından işlenenen İnsan Hakları İhlalleri | 1/1/2018-1/8/2018

1-” Katil sivillerden sonra, şirket yağmalayan kayyımları da korumaya aldılar.”
http://aktifhaber.com/ekonomi/katil-sivillerden-sonra-sirket-yagmalayan-kayyimlari-da-korumaya-aldilar-h110310.html

2-” Gergerlioğlu: Berk’i kaybettik, bari Eray babasını görmeli”
http://aktifhaber.com/iskence/gergerlioglu-berki-kaybettik-bari-eray-babasini-gormeli-h110289.html

3-” ‘Tek tip Erdoğan’ın kişisel intikam davasıdır'”
http://aktifhaber.com/genel/tek-tip-erdoganin-kisisel-intikam-davasidir-h110292.html

4-” AYM, 12 Eylül işkenceleriyle ilgili hukuk defterini kapattı”
http://aktifhaber.com/genel/aym-12-eylul-iskenceleriyle-ilgili-hukuk-defterini-kapatti-h110301.html

5-” OHAL Türkiye’sinde KHK mağduru 50 kişi intihar etti”
http://aktifhaber.com/iskence/ohal-turkiyesinde-khk-magduru-50-kisi-intihar-etti-h110265.html

6-” 15 öğrenciye cinsel istismarda bulunan okul görevlisi tutuklandı..”
http://aktifhaber.com/iskence/15-ogrenciye-cinsel-istismarda-bulunan-okul-gorevlisi-tutuklandi-h110250.html

7-” Engelli öğrenciyi döven öğretmen ikinci kez serbest kaldı”
http://aktifhaber.com/iskence/engelli-ogrenciyi-doven-ogretmen-ikinci-kez-serbest-kaldi-h110234.html

8-” Gergerlioğlu, Görmez ailesine uygulanan zulmü kaleme aldı..”
http://aktifhaber.com/iskence/gergerlioglu-gormez-ailesine-uygulanan-zulmu-kaleme-aldi-h110197.html

9-” Çankırı’da Polisten uzun saç dayağı..”
http://aktifhaber.com/iskence/cankirida-polisten-uzun-sac-dayagi-h110183.html

10-” Ahmet Altan: Darbenin değil, hukukun ve demokrasinin peşindeydik”
http://aktifhaber.com/iskence/ahmet-altan-darbenin-degil-hukukun-ve-demokrasinin-pesindeydik-h110170.html

11-” ‘Çocuklar ölmesin’ diyen Ayşe öğretmen’in cezası ertelendi..”
http://aktifhaber.com/iskence/cocuklar-olmesin-diyen-ayse-ogretmenin-cezasi-ertelendi-h110169.html

12-” Ethem Sarısülük davasındaki delillerin tahrip edildiği ortaya çıktı..”
http://aktifhaber.com/iskence/ethem-sarisuluk-davasindaki-delillerin-tahrip-edildigi-ortaya-cikti-h110161.html

13-” Savcı “Sizin dosyanız zaten hazır” diyerek tutuklattı cezaevinde hücreye atıldılar”
http://aktifhaber.com/iskence/savci-sizin-dosyaniz-zaten-hazir-diyerek-tutuklatti-cezaevinde-hucreye-atildilar-h110142.html

14-” İşkenceyle öldürülen Yurdakul’un avukatı: C3 koğuşu özellikle oluşturulmuş..”
http://aktifhaber.com/iskence/iskenceyle-oldurulen-yurdakulun-avukati-c3-kogusu-ozellikle-olusturulmus-h110056.html

15-” 35 günlük Akif Bebek de cezaevine götürüldü..”
http://aktifhaber.com/iskence/35-gunluk-akif-bebek-de-cezaevine-goturuldu-h110041.html

16-” Aile Bakanı’nın hapisteki bebeklere duyarsız kalmasına tepki yağdı”
http://aktifhaber.com/iskence/aile-bakaninin-hapisteki-bebeklere-duyarsiz-kalmasina-tepki-yagdi-h110036.html

17-” Gazi’de polisin öldürdüğü 2 kişinin davasında OHAL koruması..”
http://aktifhaber.com/gundem/gazide-polisin-oldurdugu-2-kisinin-davasinda-ohal-korumasi-h110186.html

18-” “Hayatı boyunca darbelere karşı olmuş biri olduğum ortada…””
http://aktifhaber.com/gundem/hayati-boyunca-darbelere-karsi-olmus-biri-oldugum-ortada-h110175.html

19-” Soylu, Gülen hareketine yönelik cinnet halinin raporunu sundu..”
http://aktifhaber.com/gundem/soylu-gulen-hareketine-yonelik-cinnet-halinin-raporunu-sundu-h110100.html

20-” Konya’da Gülen Hareketi’ne kitlesel operasyonlarda 14 kişiye gözaltı..”
http://aktifhaber.com/gundem/konyada-gulen-hareketine-kitlesel-operasyonlarda-14-kisiye-gozalti-h110103.html

21-” OHAL’in suç karnesi: 126 suç türü”
http://www.tr724.com/ohalin-suc-karnesi-126-suc-turu/

22-” Türkiye’deki baski, tecrit, tutuklamalar ve yurt dişina hicretin belgeseli”
http://www.tr724.com/turkiyedeki-baski-tecrit-tutuklamalar-yurt-disina-hicretin-belgeseli/

23-“Anayasa mahkemesi, ‘insanlik suçu’ olan işkenceyi kapatti; gerekçe zamanaşimi ”
http://www.tr724.com/anayasa-mahkemesi-insanlik-sucu-olan-iskenceyi-kapatti-gerekce-zamanasimi/

24-” Ümit Özdağ: silahli kamplar için nokta verebiliriz, 23 ayda 2.3 milyon silah satildi ”
http://www.tr724.com/umit-ozdag-silahli-kamplar-icin-nokta-verebiliriz-23-ayda-2-3-milyon-silah-satildi/

25-” Anayasa hukuku profesörü Kaboğlu: KHK’lari mit hazirliyor, hukuken yok hükmünde”
http://www.tr724.com/anayasa-hukuku-profesoru-kaboglu-khklari-mit-hazirliyor-hukuken-yok-hukmunde/

26-” Zeybekçi yine gebertmekten söz etti, KHK’yi savundu: birkaç kişiyi gebertirsem hesabi mi sorulacak?”
http://www.tr724.com/zeybekci-yine-gebertmekten-soz-etti-khkyi-savandu-birkac-kisiyi-gebertirsem-hesabi-mi-sorulacak/

27-” Bank Asya hissedarlarina operasyon, 68 gözalti karari ”
http://www.tr724.com/bank-asya-hissedarlarina-operasyon-68-gozalti-karari/

28-” ‘Boğaziçi Üniversitesi yerli ve milli değerlere yaslanamıyor’”
http://www.kronos.news/tr/erdogan-bogazici-universitesi-yerli-ve-milli-degerlere-yaslanamiyor/

29-” Bu kez Keysan Gülen: Gülen’in bir yakını daha gözaltına alındı”
http://www.kronos.news/tr/bu-kez-keysan-gulen-gulenin-bir-yakini-daha-gozaltina-alindi/

30-” Gazeteci Deniz Yücel: Tek tip kıyafeti asla kabul etmeyeceğim”
http://www.kronos.news/tr/gazeteci-deniz-yucel-tek-tip-kiyafeti-asla-kabul-etmeyecegim/

31-” ‘Nazilerden tek fark; Bugün Türkiye’de sadece gaz odaları yok’”
http://www.kronos.news/tr/nazilerden-tek-fark-bugun-turkiyede-sadece-gaz-odalari-yok/

32-” AKP’li Elitaş: Şunu taciz ettin, yumruk vurdun, diye mi yargılansınlar?”
http://www.kronos.news/tr/gulu-elestiren-akpli-elitasa-gore-sunu-taciz-etmek-yumruk-vurmak-normal/

33-” Dünya tanık: Özakça’nın annesi yerlerde sürüklenerek gözaltında”
http://www.kronos.news/tr/semih-ozakcanin-annesi-yerlerde-suruklenerek-gozaltinda/

34-” Bitlis’te PKK’lılara ait olduğu iddia edilen 279 mezar açıldı”
http://www.kronos.news/tr/bitliste-pkklilara-ait-oldugu-iddia-edilen-279-mezar-acildi/

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STATUTORY DECREE NO. 696

After the July 15th failed-coup attempt, the Turkish state has engaged in many illegal activities. The Erdogan regime passed several statutory decrees including the Decree number 675, which is mentioned in detail below, to suppress fear of persecution its supporters possess and encourage them to continue their work. As a matter of fact, the statutory decree mentioned provides impunity to the government officials who have acted in an illegal manner toward masses demonized by the government aided media, in the direction of Erdogan regime’s policies. Nonetheless, it protects them from being prosecuted for any crimes they commit.

Currently, Erdogan regime has issued a new statutory decree (KHK) which indicates that all citizens, regardless of whether they are public servant, are entitled to any kind of intervention against those who are demonized and labeled as terrorist by the regime. Accordingly, any person or group considered to be a terrorist in the eyes of the government may be deprived of all rights recognized as universal human rights. Furthermore, anyone who unfairly treats these labeled individuals, without any authorization or court decision, will get impunity from legal or criminal penalties.

The new arrangement is such a dangerous law that can cause execution of a judge who acquits someone who has been unfairly judged as a member of a terrorist organization because doing so would seem as if the judge was supporting the terrorist organization.

Likewise, any person or group who is a terrorist in the eyes of the government can become a victim of any person who sees themselves as a supporter of the Erdogan regime.

To conclude, this arrangement has made lawlessness lawful and severely harms the independence of the Turkish judiciary. With this arrangement, everyone who receives government support becomes a judge, a prosecutor and everyone also become a legal victim.

Read AST’s statement on the Decree Law: http://silencedturkey.org/statement-statutory-decrees-no695-696

We urge everyone to take action. Express your views or send attached statement to following addresses:

U.S. House of Representatives
U.S. Senators
State Representatives
State Senators

Find your members of Congress:https://www.govtrack.us/congress/members

American Bar Association
https://www.americanbar.org/about_the_aba/contact.html

Federal Bar Association
http://www.fedbar.org/Menu/Contact-Us.aspx

Supreme Court Bar Association
https://www.supremecourt.gov/contact/contactus.aspx

Download sample statement for Bar associations as a word document: AST_Letter_Decree_Bar

Download sample statement for members of Congress as a word document: AST_Letter_Decree_Representatives

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STATUTORY DECREE NO. 696 AND THE DEMISE OF RULE OF LAW

Since the July 15 alleged coup attempt, which President Erdogan defined as a blessing from God, Turkish democracy and justice have continuously deteriorated every day. Within the 24 hours after the alleged coup attempt, the Turkish state that was future-promising and showing signs of being able to compete with countries such as those of the European Union changed drastically. In less than 24 hours after the July 15th, Turkey woke up the widespread chaos; unresolved crimes, kidnappings, coffee shop raids, corruption and many illegal acts that would are accustomed to Third World Countries.

After the July 15th failed-coup attempt, the state has engaged in many illegal activities. The Erdogan regime passed several statutory decrees including the Decree number 675, which is mentioned in detail below, to suppress fear of persecution its supporters possess and encourage them to continue their work. As a matter of fact, the statutory decree mentioned provides impunity to the government officials who have acted in an illegal manner toward masses demonized by the government aided media, in the direction of Erdogan regime’s policies. Nonetheless, it protects them from being prosecuted for any crimes they commit.

Currently, Erdogan regime has issued a statutory decree (KHK) which indicates that all citizens, regardless of whether they are public servant, are entitled to any kind of intervention against those who are demonized and labeled as terrorist by the regime. Accordingly, any person or group considered to be a terrorist in the eyes of the government may be deprived of all rights recognized as universal human rights. Furthermore, anyone who unfairly treats these labeled individuals, without any authorization or court decision, will get impunity from legal or criminal penalties.

Turkey, once shown as a model country for the Middle East, is being rebuilt by the Erdogan regime which is taking conscientious steps to change the state structure and amplify social polarization.

As stated above, on November 8, 2016, the AKP regime issued the 675 numbered Decree Law and tried to cover up crimes committed by civil servants on July 15th. According to this decree: m.37/1:”Within the scope of suppression of the acts of coup d’etat and terrorist acts carried out on 07/15/2016 and their continuing actions, the persons who make decisions or implements measures, and who take part in all kinds of judicial and administrative measures, are immune from legal, administrative, financial and criminal liability within the scope of the decree laws issued during the state of emergency. ”

The following provision has been added to the Decree Law No. 675, with the Decree Law No. 696. According to this:

It is indicated that “Regardless of whether they carry an official position or whether they fulfill an official duty, the first clause shall apply to those who act within the scope of suppression of acts of coup and terrorism carried out on 15 July 2016 and their continuing actions”.

According to the new regulation, regardless of an individual carrying an official position or irrespective of whether or not they have fulfilled an official duty, the persons acting in the context of the suppression of terrorist acts and their continuing actions on July 15th shall have immunity from legal, administrative, financial and penal responsibilities.

The decree law will allow individuals who may not be an official, someone in the law enforcement such as military or police, to take actions and measures without considering their legal, penal, judicial, or administrative consequences. This is a clear violation of the main criteria of fighting crimes, such as being moderate and following principles such as lawfulness. With this arrangement, people have a legal basis to perceive themselves as police officials, which is not possible under a normal legal system. As a result, individuals in the society who feel the government’s support will be able to act with unlimited power.

In a country where it is a crime to even torture a street dog, the legal right to kill any human in any inhumane manner on the basis of unfounded accusations illustrates the extremity of this arbitrary regulation. Accordingly, under the protection of the government, individuals can be a judge, prosecutor and executioner at the same time, and the treat anyone as they wish without the pressure of any time constraints.

Since the arrangement issued inherently protects any kind of actions taken, victims whose rights will be violated will not have any right to file appeals regarding the violations. As a matter of fact, rights have been granted that would not have been granted to anyone or be recognized in any legal system in any country governed by democracy with the noted decree law.

The new arrangement is a declaration of the demise of rule of law, and its replacement with a new state order. In recent times in Turkey, the concepts of acts of terror and terrorism have ceased to be clad in terms of legality. These terms are now merely political in nature. A new concept as ‘unarmed terrorist organization’ has been introduced the courtrooms in Turkey. In the noted decree-law, the concepts related to acts of terror or the term, “continuation of acts of terror”, has not been clarified. This issue is the greatest threat to the hundreds of thousands of people who are subject to or potentially will face unfair trials in the country.

The expression of “suppression of the continuity of the actions” mentioned in the decree-law stipulates that any kind of intervention in the name of suppressing actions regarded as a continuation of actions related to the coup attempt and acts of terror cannot be prosecuted. Furthermore, “the persons who, within the context of the decree laws issued during the state of emergency, makes decisions and acts according to their duties”, whether official or civilian, are given the right to intervene on matters related to individuals whom they label as a terrorist or affiliated with terrorist attacks.

According to this, when someone who has been purged with decree-laws gets in touch with someone else in a similar situation for any reason, they are accepted to potentially have a connection to the July 15th coup attempt.

In this case, since there is no authority to object to the uncountable unlawfulness that may arise, individuals that resorts to inhumane or illegal actions may continue their lives from where they have left it without facing any kind of legal action. Thus, if someone confiscates another’s car, the car owner will not be able to ask “Why did you take it?” Because the regulation in question blocks all kinds of legal initiatives.

Likewise, terrorist organizations close to the current government, mafia-like communities, and paramilitary organizations will get immunity from prosecution and will not be held responsible for their actions. These are privileges that even the state do not possess.

In this context, it is clearly seen that the AKP government seeks to establish a Turkish version of the Iranian Islamic Revolutionary Guard Corps. Notions related to Democracy and human rights can be read in Turkey, yet these concepts will no longer be beyond imagination.

The new arrangement is such a dangerous law that can cause execution of a judge who acquits someone who has been unfairly judged as a member of a terrorist organization because doing so would seem as if the judge was supporting the terrorist organization.

Likewise, any person or group who is a terrorist in the eyes of the government can become a victim of any person who sees themselves as a supporter of the Erdogan regime.

To conclude, this arrangement has made lawlessness lawful and severely harms the independence of the Turkish judiciary. With this arrangement, everyone who receives government support becomes a judge, a prosecutor and everyone also become a legal victim.

Download the statement as pdf: Statutory Decree No. 696 and The Demise of Rule of Law

Download the statement in Turkish as pdf: AST_696 sayılı KHK ve hukuk devletin çöküşü

NEWS ARTICLES ON THIS SUBJECT:

Erdogan Law Stirs Fears of Legalized Extra-Judicial Violence
“Turkish President Recep Tayyip Erdogan’s latest emergency decree risks inciting political violence by giving legal cover to pro-government vigilantes, opposition parties and legal authorities warned. The order, declared in the Official Gazette on Sunday, grants sweeping immunity for acting against terrorism or attempts to overthrow the government. Civilians won’t face legal consequences for actions against last year’s coup attempt — or more importantly — anything that could be considered its “continuation,” the decree said.”
https://www.bloomberg.com/news/articles/2017-12-25/erdogan-decree-stokes-fears-of-legalized-extra-judicial-violence

Immunity to civilians thwarting coup stirs debate in Turkey
“A new state of emergency decree released on Dec. 24 providing immunity to civilians who fought against last year’s coup attempt and terrorist acts that followed it has triggered a fresh debate in Turkey. Metin Feylzioğlu, the head of the Bar Associations in Turkey, said such a law granting immunity to civilians who confronted the July 15 coup attempt and terrorist acts that followed it would result in “people shooting each other in the head on the streets.” “I was terrified when I inspected the decree law no. 696. I was very sad,” Feyzioğlu said.”
http://www.hurriyetdailynews.com/immunity-to-civilians-thwarting-coup-stirs-debate-in-turkey-124701

Erdogan decree stirs fears of legalized extrajudicial violence in Turkey
““They’ve paved the way for anyone who claims to be fighting against terrorism to slaughter everybody else,” Ozgur Ozel, a CHP parliament whip, said in televised remarks in the western province of Manisa. “They will unleash vigilantes on us in a future democratic rally and will face no charges.””
https://www.thestar.com/news/world/2017/12/25/erdogan-decree-stirs-fears-of-legalized-extrajudicial-violence-in-turkey.html

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