A security package to be discussed by a parliamentary commission this week which proposes giving the interior minister the authority to declare a state of emergency in Turkey has attracted criticism from political scientists who say the legislation will prepare the legal framework for an authoritarian structure.
Along with other security-related measures that drew wide criticism, the package, which was announced in October by Prime Minister Ahmet Davutoğlu, suggests an amendment that runs contrary to Article 120 of the Constitution. Article 120 states that the Cabinet may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months in a meeting chaired by the president and after consultation with the National Security Council (MGK).
It also says a state of emergency may be declared in the event of serious indications of widespread acts of violence aimed at the destruction of the free democratic order established by the Constitution or of fundamental rights and freedoms, or in the event of a serious deterioration in public order because of acts of violence.
The package gives the authority to declare a state of emergency in a province to governors and to the interior minister, if emergency rule is needed for more than one province.
The package gives the authority to declare a state of emergency in a province to governors and to the interior minister, if emergency rule is needed for more than one province.
According to Associate Professor Sezgin Seymen Çebi, moving forward with such legislation should only take place during periods of martial law. He said granting the authority to governors to declare state of emergency is incompatible with being a state of law, adding that such a move would also run contrary to the European Convention on Human Rights (ECHR).
“Such legislation will definitely be annulled by the Constitutional Court. We are already at a very problematic point with regard to our aspirations to become an EU member. Perhaps membership talks will be frozen. There is very heavy criticism in Western media of our country. With the proposed legislation, authoritarianism in Turkey will grow further. They have already begun to refer to Turkey as a “plebiscite dictatorship,” said Çebi, adding that Turkey should not take China or North Korea as examples but Western democracies.
“Such legislation will definitely be annulled by the Constitutional Court. We are already at a very problematic point with regard to our aspirations to become an EU member. Perhaps membership talks will be frozen. There is very heavy criticism in Western media of our country. With the proposed legislation, authoritarianism in Turkey will grow further. They have already begun to refer to Turkey as a “plebiscite dictatorship,” said Çebi, adding that Turkey should not take China or North Korea as examples but Western democracies.
Professor Osman Özsoy said historical experience has shown as much; as countries are dragged toward despotism and anger accumulates in society due to the unreasonable policies of administrators, administrators prioritize their own security over the security of the public.
He said what these administrators fail to see is that no security law or security corridor can protect them against social anger.
He said what these administrators fail to see is that no security law or security corridor can protect them against social anger.
“I advise those ruling the country not to build walls between them and the public, but to give up practices leading to the accumulation of social anger,” said Özsoy, adding that it is important not to force the limits of the principles of universal law.
Political analyst Serdar Sement, whose Fovea Oberaza S Informatics Consulting company prepared a report about the government's security package, said it aims to sideline the Cabinet and Prime Minister Davutoğlu.
Noting that there is a disagreement between Davutoğlu and President Recep Tayyip Erdoğan about maintenance of public order, he said: “President Erdoğan does not approve of Davutoğlu insisting on public order to support the settlement process and benefiting from the presence of the military in order to contain social unrest. Making an analysis of this situation, Erdoğan made Davutoğlu sign draft legislation that will transfer the Cabinet's authority to declare a state of emergency to the interior minister and governors. The language of the draft and how it was prepared show that it is the work of Interior Minister Efkan Ala.”
The settlement process concerns talks held by the state with the jailed leader of the outlawed Kurdistan Workers' Party (PKK), Abdullah Öcalan, to resolve the country's decades-long terrorism problem.
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