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Emergency rule should not be Turkey’s new normal

10 8 1
03.01.2018

Immediately after Turkey’s deadly July 2016 coup attempt parliament approved a request from the government to impose a state of emergency, with the justification that it would allow a better and more efficient fight against members of the Fethullahist Terror Organization (FETÖ), accused of being behind the attempted putsch.

Turkey’s Constitution grants the right to declare a state of emergency in its Articles 119 and 120. The former cites a natural disaster or serious economic crisis while the latter cites “widespread acts of violence and serious deterioration of public order.”

According to the articles, fundamental rights and freedoms can be temporarily restricted or suspended during states of emergency, while the head of the executive and the government can issue decree laws lasting for a period of no longer than six months. The articles also permit the extension of the state of emergency after the six-month period is completed.

Article 91 of the constitution regulates the issuance of state of emergency decree laws in a very detailed way. It underlines that fundamental rights, individual rights and duties cannot be regulated by decree laws and states that decree laws must be debated at parliament as priority legislation. The government should also make clear the reason and scope of the decree laws to be issued so that it does not use this privilege for other political........

© Hürriyet Daily News