The state of emergency declared in Turkey in response to the failed coup of last summer, and extended 4 times since, has brought along a number of violations of rights through the executive decrees passed by the Council of Ministers under the leadership of AKP chair and president Erdoğan.
Main opposition party CHP’s İstanbul MP Sezgin Tanrıkulu has recently released a report listing 12 violations of constitutional rights.
Saying, “Through the use of state of emergency by the government, democracy has been suspended; state of law has been disregarded; and, all constitutional rights and freedoms have not only been put under a threat but have also been violated”, MP Tanrıkulu listed the violations as the following:
1) Dismissals of people from their positions at state instituions are against the 121st, 129th, and 130th articles of the Constitution;
2) 2) According to the 125th article of the Constitution, all practices of the administration is subject to checks by the judiciary. However, the cases filed in objectcion to dismissals through decrees are rejected by courts without any review; and, that is an illegal practice;
3) Rights to freedom to defend one’s rights; presumption of innocence; and, right to due process have been violated;
4) Prohibition of discrimination; principle of equality before the law – as stated in the 10th article of the Constitution; right to be not exposed to discrimination – as stated in the 14th article of European Convention on Human Rights; and, the right to not face discrimination based on occupation – as stated by ILO have all been violated;
5) Freedom of thought and faith, as stated in 24th article of the Constitution of Turkey and the 9th article of the European Convention on Human Rights have been violated;
6) Dismissals of thousands of state employees merely for their criticisms shard on social media are in violation of the 25th article of the Constitution and the 10th article of the European Convention on Human Rights, which state freedom of thought and expression;
7) Thousands of state employees have been dismissed for having used their right to assemble under the roof of their trade unions. Their dismissals are in violation of rights stated in 51st and 53rd articles of the Constitution; 11th article of the European Court of Human Righs; and, 158th item of ILO’s convention;
8) Right to privacy, which is protected in 20th article of the Constitution and 8th article of the European Convention of Human Rights;
9) Right to work has been violated;
10) Right to assemble and to protest has been violated;
11) Not only the accused but their spouses and first degree relatives have been stripped of their right to travel as their passports were seized. That’s a ban on freedom to travel;
12) Seizing of people’s property is a violation of the rights stated in the 35th article of the Constitution.