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Platform for Peace and Justice

THE EROSION OF PROPERTY RIGHTS IN TURKEY

THE EROSION OF PROPERTY RIGHTS IN TURKEY

April 2020 / (40 Pages)

In Turkey, legal conflicts that arise out of the State’s intervention in the right to property are hardly a new problem.
Between 1959 and 2018, the ECtHR rendered 3128 judgments against Turkey, establishing that there had been a rights violation. Of those judgments, 660 (21%) established a breach of the right to property. Statistics on the Turkish Constitutional Court’s (TCC) judgments relating to the right to property are more alarming; 31% (2454 of 8036 judgments) of all judgments rendered within individual application procedure established a breach of the right to property.
Since 2015, the Turkish Government has been using the Criminal Peace Judgeships (CPJ) and Turkey’s notorious Anti-Terrorism provision (Art. 314, Turkish Penal Code) to take over properties belonging to dissidents.
In this report, Leighann Spencer and Ali Yildiz document the Turkish Government’s intervention into the right to property, analyze its legality under international and national law, and conclude with recommendations.… Read More

 

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Cancellations of Turkish Passports and Prevention of the Freedom of Movement

Cancellations of Turkish Passports and Prevention of the Freedom of Movement

April 2019 / (18 Pages)

The Erdoğan Government declared the state of emergency (SoE) for three months on 20 July 2016 after the coup attempt on 15 July 2016 and has continuously extended it. The country has been under the emergency regime for 18 months even though its conditions are not met. The number of emergency decree laws issued have reached to 32. Even though the emergency law decrees should be transitory in nature, the Government has been exploiting the situation as an opportunity and has made some structural changes in the basic laws like the Turkish Penal Code, the Law of Criminal Procedure and in the structure of many state institutions, notably of the judicial bodies.
The passport cancellations started with the Emergency Decree Law… Read More

 

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Construction of a New Regime by Decree Laws

Construction of a New Regime by Decree Laws

January 2018 / (31 Pages)

In the early years of his political career, Turkish President Erdogan said that “democracy is like a train; you get off once you have reached your destination.” However, the authoritarianism of Justice and Development Party (AKP) has entered into a new phase of ideology construction and regime building. The new regime is being established making use of the state of emergency decree-laws. Under this regime, the dissents have been facing repression and persecution. This report discusses how the decree laws are destroying democracy, the rule of law and the fundamental human rights in order to establish a new authoritarian regime. Read More

 

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