Author :
Publisher : Google Play
ISBN 13 :
Total Pages : 497 pages
Book Rating : 4./5 ( download)
Book Synopsis STATE OF EMERGENCY MEASURES WITHIN THE CONTEXT OF LAW AND HUMAN RIGHTS by :
Download or read book STATE OF EMERGENCY MEASURES WITHIN THE CONTEXT OF LAW AND HUMAN RIGHTS written by and published by Google Play. This book was released on with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the decree-laws adopted under state of emergency declared following the coup attempt on 15 July 2016, more than 125 thousand people have been dismissed their professions and more than three thousand organizations and institution have been closed down. As a grounds for the measures adopted for natural and real persons, it is shown that those who are considered to "have relation", "connection" or "contact" with terrorist organizations or structure/entities, organizations or groups established as engaging in activities against the national security of the State by the National Security Council, which has no judicial duty, whose resolutions are of advisory nature for the Council of Ministers which issues emergency decree-laws However, the concepts of connection and contact mentioned in the said justification are of “intelligence” nature concepts which were not previously available in our law and which have no meaning or equivalent in terms of criminal and disciplinary law. In other words, without the need for any court decision, with the decision of “an administrative board”, structures, groups and formations which were not mentioned in the Decree-Laws have been considered to be a "terrorist organization", and the persons who are alleged to have connection and contact with these organizations have been deemed to be "a member of a terrorist organization". But this admission is contrary to the principle that "the administration cannot impose criminal offences through regulatory procedures", which is set forth in Article 2/2 of the Turkish Penal Code and "presumption of innocence" Furthermore, persons in question have not been notified which terrorist organization they are a member with, their defence statement has not been obtained in spite of the grave allegation against them, and they have been dismissed their profession by putting their names in the lists that were not clear by whom and according to which criteria they are prepared. Foregoing emergency procedures and measures are required to be assessed in terms of fundamental rights and freedom as well as universal law criterion, in order to meet this need, the study herein touches upon the law practices in Turkey administered by the state of emergency. The topics covered in the study were examined in six chapters. In the first chapter, it is touched upon the legality of the emergency decree-laws and the role of the Turkish Constitutional Court played in the course of the State of Emergency; in the second chapter, it is reviewed the compatibility with the European Convention on Human Rights of the dismissal decisions in particular on the judges and prosecutors; in the third chapter, the assessment of the detention decision on in particular judges and prosecutors within the context of the right to liberty and security was tackled; in the fourth chapter, it is dealt with if the Inquiry Commission on the State of Emergency Measures is considered as an effective domestic remedy; in the fifth chapter, it is examined compatibility of the prison uniform with the European Convention on Human Rights; and the sixth and last chapter covers the assessments on the Constitutional amendments related to the judiciary made on 16 April 2017. I'd like to take this opportunity to thank my wife and daughters for their patience, love and support in this process, and I hereby wish the book would be useful to the legal community and those who are interested in the issue.
