Abstract
The declaration of state of emergency is a common legal practice used by states to overcome extraordinary situations. Within the framework of the state of emergency, on the one hand, the competences of the governments are increased and, on the other hand, the rights and freedoms of individuals are limited or suspended temporarily. The main goal of the state of emergency is to provide the necessary legal means that will enable the political government and the bureaucratic administration to end the extraordinary situation as early as possible. The governments shall use these extraordinary competences fairly and justly. These competences shall not be abused for political purposes and for intimidation of opponents. Even though the rights and freedoms can be limited or suspended during the state of emergency, basic human rights cannot be violated. Practices of the state of emergency shall strictly fall within the scope of the situation which rendered it necessary. This article examines the balance between state of emergency practices and respect for human rights in the particular case of Turkey, which declared the state of emergency in the aftermath of the failed coup of July 2016. In this respect, a special focus is devoted to the case of the mass dismissal of public servants by extraordinary decrees during the state of emergency and to the conformity of these mass dismissals with the European Convention on Human Rights.
Highlights
The state of emergency was declared in Turkey after the coup attempt of 15 July 2016 and lasted for two years without interruption, until 19 July 2018
On 25 July 2016, the "extraordinary decree-law no. 668 relating to the measures required in the context of the state of emergency and to the regulation of certain institutions", the main opposition party, the CHP (People's Republican Party) appealed on 23 September 2016 to the Constitutional Court claiming the anti-constitutionality of this extraordinary decree-laws (EDL), and at the same time requested its stay of execution in order to prevent irreparable consequences if implemented6
Vol 12, No 1 (May-October 2021), pp. 206-233 State of emergency practices and human rights: the case of mass dismissals of public employees in Turkey Ömer Bedir a publicly available messaging programme on the internet, sending one’s children to schools which operate under Turkish law and are inspected by the Ministry of National Education, being a member of a trade union founded under Turkish law, becoming a member of an NGO established under Turkish law does not constitute an offense in itself (Venice Commission, 12 December 2016: paras. 103 and 112)
Summary
The state of emergency was declared in Turkey after the coup attempt of 15 July 2016 and lasted for two years without interruption, until 19 July 2018. The attempted coup and the declaration of state of emergency In extraordinary times and circumstances, "ordinary" legal frameworks may remain insufficient to address pressing problems In these exceptional situations, legislations that are less restrictive for the executive power, the government and the bureaucracy as a whole are seen as a need, even a must (Robert, 1990: 751-752). As there was a direct threat to democracy and 251 people were killed in the attempted coup, Turkish public opinion was in favour of the implementation of swift and effective measures against this terrorist organization In this political atmosphere and with a security approach, the declaration of the state of emergency was seen as a necessity in order to be able to overcome this extraordinary situation. The AKP has called these anti-corruption operations as "coup d'état" and the religious movement as "FETÖ/PDY", an acronym that stands for "Fethullahist Terrorist Organization/Parallel State Structure". Despite the regular calls made from the very first days to the government by the opposition parties to put an immediate end to the state of emergency (Grand National Assembly of Turkey, Minutes of the 117th Session: 21 July, 2016), the political authority chose to remain indifferent to these calls
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