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kidnappings

UN Working Group urges AKP govt to release Kaçmaz Family immediately and unconditionally

The Working Group on Arbitrary Detention of the UN Human Rights Council has called on the Turkish government to immediately release Mesut Kaçmaz and Meral Kaçmaz, a couple that was abducted from their home after midnight in Lahore on September 27, 2017 and deported illegally by the Pakistani government to Turkey just two days before their scheduled appearance before a Pakistani court.

The Working Group on Arbitrary Detention has released its 16-page opinion concerning Mesut Kaçmaz and Meral Kaçmaz and their two daughters.

The UN body called on Turkey to take the steps necessary to remedy the situation of Mesut Kaçmaz, Meral Kaçmaz and the two minors without delay and bring them into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

The UN body also called on the government of Pakistan and the government of Turkey to accord Mr. and Mrs. Kaçmaz and the two minors an enforceable right to compensation and other reparations, including for the impact on their psychological integrity from having been arrested, secretly detained and deported.

For more detailed information about the risks supporters of the Gulen Movement experience, please look at the report prepared by the Advocates of Silenced Turkey on the current and possible threats supporters of the Gulen Movement face abroad titled “I Cannot Say We Are Absolutely Safe Even Abroad.”

Download the report as pdf: http://silencedturkey.org/wp-content/uploads/2017/12/AST_Report_Threats_Gulen-Movement.pdf

We strongly request Turkish authorities to take all necessary steps to immediately and unconditionally release Kacmaz family.

We urge everyone to take action. Express your views or send attached statement below to following relevant Turkish authorities.

Download sample statement: AST_letter_Kacmaz family

1. Republic of Turkey, Ministry of Justice
Website: http://www.justice.gov.tr
Email Address: info@adalet.gov.tr
Phone: +90 (0312) 417 77 70
Fax: +90 (0312) 419 33 70

2. Republic of Turkey, Ministry of Foreign Affairs
Website: http://www.mfa.gov.tr/
Contact form: http://www.mfa.gov.tr/contact-us.en.mfa
Phone: +90 (312) 292 10 00

3. Union of Turkish Bar Associations
Website: https://www.barobirlik.org.tr
Email Address: barobirlik@barobirlik.org.tr
Phone: +90 (312) 292 59 00
Fax: +90 (312) 286 31 00

4. Presidency of the Constitutional Court
Website: http://www.anayasa.gov.tr
Email Address: bilgi@anayasa.gov.tr
Phone: +90 (312) 463 73 00
Fax: +90 (312) 463 74 00

5. Court of Cassation
Website: https://www.yargitay.gov.tr
Email Address: iletisim@yargitay.gov.tr
Phone: +90 (312) 416 10 00

6. Turkish Embassy in Washington D.C.
Website: http://vasington.be.mfa.gov.tr/Mission
Email Address: embassy.washingtondc@mfa.gov.tr
Phone: +1 202 612 67 00
Fax: +1 202 612 67 44

NEWS ARTICLES ON THIS SUBJECT:

UN Human Rights Council calls on Turkish gov’t to release Kaçmaz couple immediately
https://stockholmcf.org/un-human-rights-council-calls-on-turkish-govt-to-release-kacmaz-couple-immediately/

UN High Commissioner on Refugees takes notice of Turkish family deportation
https://tribune.com.pk/story/1729982/1-un-high-commissioner-refugees-takes-notice-turkish-family-deportation/

Pro-gov’t media ‘over the moon’ after UN-protected Turkish family forcefully deported to Turkey
https://turkeypurge.com/turkeys-pro-govt-media-over-the-moon-over-un-protected-kacmaz-familys-forced-return

Protests held for safe recovery of Turkish teacher, his family
https://tribune.com.pk/story/1525371/protests-held-safe-recovery-turkish-teacher-family/

Turkish family of PakTurk Schools director abducted in Pakistan: rights group
https://www.reuters.com/article/us-pakistan-turkey/turkish-family-of-pakturk-schools-director-abducted-in-pakistan-rights-group-idUSKCN1C31CX

Missing Turkish teacher ‘deported from Pakistan’
https://www.aljazeera.com/news/2017/10/missing-turkish-teacher-deported-pakistan-171016103226988.html

A Turkish family has disappeared in Pakistan, and suspicion turns to intelligence agencies
https://www.washingtonpost.com/world/asia_pacific/a-turkish-family-has-disappeared-in-pakistan-and-suspicion-turns-to-intelligence-agencies/2017/10/11/aa8c0d80-a480-11e7-b573-8ec86cdfe1ed_story.html?noredirect=on&utm_term=.1041c41bf150

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Mustafa Ceyhan Abducted in Front of the Courthouse

Mustafa Ceyhan is a businessman from Turkey who resides in Georgia with his family under UN protection. He visited Azerbaijan from Batumi (Georgia) on 4/20/2017 for a business trip. Once he entered Azerbaijan, he was unjustly arrested on charges of illegally crossing the border to Azerbaijan.

On April 26th, Ceyhan was brought before court in Baku. The trial date was rescheduled to an earlier date, and happened without a notice to his lawyers. His lawyer, Tural Emenov and another lawyer appointed by the United Nation found out about the trial and accompanied him. The judge acquitted him from charges pressed against him.

Ceyhan’s wife, Meryem Ceyhan indicated that as Ceyhan was leaving the court around 12:00 PM, he was abducted in front of the courthouse by a group of eight men in a black Range Rover with black tinted windows. His whereabouts are unknown since then. His family and friends are worried about his condition and fear that he may be illegally sent back to Turkey where he faces risks of torture and ill-treatment.

Ceyhan’s lawyers called the United Nations mission in Baku, Azerbaijan and requested assistance, however, representatives there told them that they could not do anything. They told them to deal with it on their own.

The Turkish government had accused Ceyhan of having ties to the Gulen Movement (also known as Hizmet Movement) and appealed to Azerbaijan to extradite Ceyhan. Alleged supporters of the Movement in Turkey have been dealing with arrest, imprisonment, torture, inhuman and degrading treatment, confiscation and passport seizure. There are many examples of abductions and physical violence incidents in several countries like Sudan, Kazakhstan, Pakistan, Georgia, Myanmar, Malaysia and most recently in Kosovo. President Erdogan has on numerous occasions explicitly praised the abductions and promised more abduction in near future.

We encourage members of the media to contact Mustafa Ceyhan’s Lawyer, Tural Emenov from his phone number, +994554480700.

We urge international bodies and human rights organizations to take all necessary steps to find Mustafa Ceyhan and prevent his extradition to Turkey.

For more detailed information about these risks supporters of the Gulen Movement experience, please look at the report prepared by the Advocates of Silenced Turkey on the current and possible threats supporters of the Gulen Movement face abroad titled “I Cannot Say We Are Absolutely Safe Even Abroad.”

Download the report as pdf: http://silencedturkey.org/wp-content/uploads/2017/12/AST_Report_Threats_Gulen-Movement.pdf

We urge everyone to take action. Express your views or send attached statement below to following relevant individuals and organizations.

Download sample statement as a word document: AST_letter_Mustafa Ceyhan

1) Ilham Aliyev, President of Azerbaijan
Email: office@pa.gov.az
Fax: (0099412) 492 35 43, 492 06 25
Twitter: @presidentaz
Website: https://en.president.az/administration/contacts

2) Elin Suleymanov, Ambassador of Azerbaijan to the United States
Email: elinsuleymanov@yahoo.com, azerbaijan@azembassy.us
Phone: (202) 337-3500
Fax: (202) 337-5911
Twitter: @ElinSuleymanov
Website: http://washington.mfa.gov.az/content/6

3) U.S. Embassy Baku
Phone: 994 12 488-3300
Fax: 994 12 488-3330
Twitter: @USEmbassyBaku

4) U.S. Department of State
Email: https://register.state.gov/contactus/contactusform
Phone: (202) 647-6575
Twitter: @StateDept
Website: https://www.state.gov/

5) United Nations Human Rights Council (UN HRC)
Email: civilsociety@ohchr.org
Phone: (+41) 22 917 9656
Twitter: @UN_HRC
Website: www.ohchr.org/hrc

6) Human Rights Watch
Twitter: @hrw
Facebook: https://www.facebook.com/HumanRightsWatch
NY Address:350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA
Tel: +1-212-290-4700
Fax: +1-212-736-1300

Emma Daly, Communications Director
Tel: +1-212-216-1835
Fax: +1-212-736-1300

7) Human Rights Foundation
Twitter: @HRF
Facebook: https://www.facebook.com/humanrightsfoundation/
New York Address:350 5th Ave., #4515 New York, NY, 10001
Phone Number: (212) 246-8486

8) Freedom House
Twitter: @FreedomHouseDC
Facebook: https://www.facebook.com/FreedomHouseDC
info@freedomhouse.org
Phone: 202-296-5101
Fax: 202-293-2840

Annie Boyajian, Advocacy Manager
boyajian@freedomhouse.org

6) Amnesty International
Twitter: @amnestyusa
Facebook: https://www.facebook.com/amnestyusa
report@aiusa.org

7) International Federation for Houman Rights
Twitter: @fidh_en
Facebook: https://www.facebook.com/FIDH.HumanRights
FIDH AT THE UN (NEW-YORK)
110 East 42nd street, Suite 1309 NY 10017 New-York
Phone Number: 001 646 395 7103

9) International Court of Justice
Email: information@icj-cij.org
Phone: (+31) 70 302 23 23
Fax: (+31) 70 364 99 28
Twitter: @CIJ_ICJ
Website: http://www.icj-cij.org/en

NEWS ARTICLES ON THIS SUBJECT:

“‘Gülenist’ businessman abducted under eyes of UN-appointed lawyers in Baku”
http://turkeypurge.com/another-gulenist-businessman-abducted-in-baku-claim

“Turkish businessman affiliated with Gülen movement abducted in Baku”
https://stockholmcf.org/turkish-businessman-affiliated-with-gulen-movement-abducted-in-baku/

“Mustafa Ceyhan, a Turkish citizen of Azerbaijan, was detained in custody – the FETO accusation”
http://ovqat.com/kriminal/19646-turkiynin-azrbaycandan-istdiyi-mustafa-ceyhan-hbsd-saxlanld-feto-ittiham.html

“Bir ‘siyah transporter’ vakası daha: ‘Bakü’de Mustafa Ceyhan kaçırıldı'” (TURKISH)
https://ahvalnews.com/tr/kacirilma/bir-siyah-transporter-vakasi-daha-bakude-mustafa-ceyhan-kacirildi

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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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PROTECTING ERDOGAN DISSIDENTS IN THE U.S

Advocates of Silenced Turkey urges The U.S. authorities to take necessary precautions to protect Erdogan dissidents in the U.S

Since the attempted coup of July 15, 2016, staunch supporters of President Erdogan of Turkey, in Turkish politics, media and also public sphere have engaged in threatening and hate speech to silence dissidents in other countries including the U.S. Journalists, academics and businessmen who have been labeled with the Movement have been the main target of this threats.

On December 4 2017, former speechwriter of Turkish President Recep Tayyip Erdoğan and current ruling Justice and Development Party (AKP) deputy Aydın Ünal threatened Turkish journalists in exile with extrajudicial killings, in his column published in the pro-Erdoğan Yeni Şafak daily.

The AKP deputy listed the names of journalists to be targeted: Ekrem Dumanlı, Adem Yavuz Arslan, Celil Sağır, Bülent Keneş, Abdülhamit Bilici, Erhan Başyurt, Emre Uslu, Akın İpek and Can Dündar.

“You carry out an operation against Turkey with judges and prosecutors, you give logistical support to this judicial theatre with information and documents that you have stolen through espionage, and your men here [in Turkey] and in the world will live in peace?” Ünal threatened.

In another article published on Nov. 27 in Yeni Şafak, Ünal threatened sympathizers of the Gülen movement in Turkey, saying tougher days lie ahead as a result of the case against Reza Zarrab.

Some of the names listed by Aydin Unal are known to be located in the U.S. Ekrem Dumanli, Adem Yavuz Aslan, Abdulhamit Bilici, Emre Uslu have been living in the U.S and openly carry out their works with their articles and YouTube videos and live Periscope broadcastings especially focusing on Turkish politics and ongoing persecutions.

Ekrem Dumanli who was targeted by Aydin Ünal was previously an editor-in-chief of Zaman Daily and fled Turkey after the controversial coup attempt in 2016. On October 30, 2016, Ragip Soylu, the Washington correspondent of Daily Sabah, which is used for propaganda and spying activities by the Turkish Intelligence in the U.S posted secretly taken photos of Mr. Dumanli. It should be considered as an important indication that Mr. Dumanli was under the surveillance of Turkish Intelligence in the U.S. (https://twitter.com/ragipsoylu/status/792736573217439745)

Dr. Emrullah Uslu, the former columnist for Today’s Zaman is one of the leading figures that continuously has been threatened by the the Turkish Government affiliated figures. He is a full-time professor in the School of Public and International Affairs at VIU.

Following President Erdoğan’s statement on September 19, 2016 that ‘no country is safe for Gülen movement sympathizers, the pro-Justice and Development Party (AKP) media has targeted Emre Uslu, along with some other journalists such as Adem Yavuz Aslan, Tuncay Opçin, Aydogan Vatandas and Dr. Atilla Yayla by publishing their secretly taken photos in different parts of the U.S. (https://www.turkishminute.com/2016/09/19/no-country-safe-gulen-sympathizers-erdogan-says/)

Adem Yavuz Aslan, a well-known Turkish investigative journalist, who was threatened in Aydin Ünal’s article has become the main focus of these threats when he followed the ongoing federal trial in New York where Turkish President Recep Tayyip Erdogan is accused of personally approving a scheme to evade U.S. sanctions against Iran. Adem Yavuz Aslan states that he was informed by some colleagues that he might be a target of an assassination attempt because of his coverage of the trial.

During his coverage of the trial, he was continuously harassed by the Anatolian Agency which secretly took his footage and published it Turkish media as if he is a criminal.

Cem Küçük, another staunch supporter of Erdogan and mouthpiece of Turkish Intelligence has also threatened the Turkish journalists and academics in the U.S.

‘People who are well known by the public such as, Ekrem Dumanli, Emre Uslu, Tuncay Opcin, and Seref Ali Tekalan will be grabbed by the nape of their neck and taken to Turkey. When they wake up whey will find themselves in the hands of the Turkish police and the court. Those days are not too far away.’

‘We will see the end of those who say, ‘I am safe in the US,’ ‘They cannot do anything to me.’ Wherever you flee, the Turkish state will bring you back. Many of your residences have been located. Your homes and workplaces are known. Even the countries where you demanded asylum will not protect you but will extradite you. It is soon. Wait…’ added Küçük. (https://www.turkishminute.com/2017/10/20/pro-govt-journalist-turkey-to-abduct-gulen-followers-in-us-europe/)

Serif Ali Tekalan, who is threatened by Cem Küçük is a medical professor who took charge of North American University, based in Houston, Texas, early in 2017. He has been target of baseless allegations and smear campaigns by the pro-government media in Turkey since then.

Tuncay Opcin, an investigative journalist who now resides in Houston is another well-known Turkish journalist who continuously has received death threats from figures like Cem Kucuk. Opcin says that the threats and the surveillance against him started after the coup attempt. He states that the first surveillance against occurred on Sept. 11 in 2016 at a shopping mall. The lengthy surveillance job against him made him think it was “a professional intelligence and surveillance job.”

Opcin chalks his targeting to his intense criticism of Erdogan’s government and his work as an investigative journalist. Opcin also says that he is disappointed about CPJ and Amnesty International since they did not pay attention to these threats and violations as expected. (http://dailycaller.com/2017/04/03/who-is-spying-on-turkish-journalists-in-the-us/)

Abdulhamit Bilici, the last editor-in-chief of Daliy Zaman before Government takeover in 2016 is another well-known journalist threatened in Aydin Unal’s article who now resides in the U.S.

While the exiled journalists and academics mentioned above were openly threatened by the Turkish Government linked figures, some other leading figures affiliated with Gulen movement in the U.S were harassed and covertly threatened by the Turkish Anatolian Agency and some other pro-government Turkish media organizations.

Pro-government Turkish Star Daily published the house photographs and addresses of Cemil Teber, Faruk Taban, Yuksel Alp Dogan, Hasan Ali Yurtsever, Burak Yeneroglu, Talha Sarac and Hakan Sukur who reside in different parts of the U.S. (http://www.star.com.tr/pazar/himmet-malikaneleri-haber-1279150/)

Besides, the threats from the Turkish media and Government affiliated figures towards the journalists and some leading participants of Hizmet Movement in the U.S, some business owners, grocery stores and even bookstores have been attacked by pro-Government groups in the U.S.

Nizam Market, a Turkish grocery store based in NJ has been attacked and verbally threatened by a Turkish government supporter on July, 2016.

Ant Bookstore, based in NJ has also been targeted and attacked several times in 2016 and 2017. Dr. Huseyin Senturk states that they detected several spying and surveillance activities in the store which were conducted by some Turkish nationals. He also says that the store was attacked and costumers were verbally threatened by a Turkish government supporter adding that the windowpanes of the store were also broken by some unknown figures.

On November 7 2017, Vakkas Doğantekin, a pro-government columnist and the president of the California-based Turkish community organization, TURCA, has attacked a Turkish speaking ice-cream seller affiliated with Hizmet Movement by calling him “terrorist” and “Jewish dog,”.

Dogantekin’s bio on TURCA’s website says he is a California resident for over 10 years and a freelance journalist contributing to Al Jazeera. He wrote at least three Op-Eds in 2017 for the pro-Erdogan daily newspaper, Daily Sabah.

Conclusion:

Considering all these particular incidents, some journalists, academics and NGO directors, businessmen affiliated with Hizmet Movement in the U.S has been continuously targeted by Turkish Government linked figures. The U.S federal and local security authorities should be aware of the fact that Turkish Government doesn’t function and operate as a regular democratic state respecting the international laws and principles. Therefore, it is safe to analyze that Turkish Government can try some undercover operations by using mob groups or militia forces trained by the Turkish Intelligence overseas here in the U.S as well. Advocates of Silenced Turkey strongly urges U.S security forces to take all necessary precautions to protect the lives of the people who might be in danger.

For more detailed information about these risks, please look at the report prepared by the Advocates of Silenced Turkey on the current and possible threats supporters of the Gulen Movement face abroad titled “I Cannot Say We Are Absolutely Safe Even Abroad.” Read more here: http://silencedturkey.org/protection-of-hizmet-participants

Download the report on threats supporters of Gulen Movement face abroad as pdf: AST_Report_Threats_Gulen-Movement

We urge everyone to take action. Please express your views or send attached letter to your two senators and representative to protect dissidents of Erdogan in the U.S.

Find your representative: https://www.house.gov/representatives/find-your-representative
Find your senators: https://www.senate.gov/senators/

Download the sample statement as pdf: AST_Letter_Threats_Gulen-Movement

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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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