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| State of Emergency (Turkey) | |
|---|---|
| Name | State of Emergency (Turkey) |
| Native name | Olağanüstü Hal |
| Caption | Taksim Square, Istanbul (2013) |
| Jurisdiction | Turkey |
| Started | 1983 (constitutional provisions), 1990s–2018 (frequent use) |
| Ended | 2018 (national abolition), residual effects persisted |
State of Emergency (Turkey) The Turkish state of emergency regime was a constitutional and statutory mechanism used by the Turkish Republic to authorize extraordinary administrative, law enforcement, and security measures; it intersected with the 1982 Constitution, the OHAL law, and decrees by presidents such as Kenan Evren, Turgut Özal, and Recep Tayyip Erdoğan. The instrument was invoked across regions including Southeast Anatolia, provinces like Diyarbakır, and national contexts following events like the 1999 İzmit earthquake, the Gezi Park protests, and the 2016 coup attempt.
The legal foundations derived from the 1982 Constitution and implementing statutes such as the 1983 OHAL law and later emergency decree laws (Kanun Hükmünde Kararname) used by presidents and cabinets including those led by Turgut Özal, Süleyman Demirel, Bülent Ecevit, Necmettin Erbakan, Abdullah Gül, and Recep Tayyip Erdoğan. The framework allowed instruments comparable to measures under the Council of Europe system and triggered scrutiny from bodies including the European Court of Human Rights, the European Commission, and NGOs like Human Rights Watch and Amnesty International. Legal doctrines from Turkish jurisprudence, decisions of the Constitutional Court of Turkey, and rulings of the Court of Cassation shaped interpretation, while international commitments under treaties such as the European Convention on Human Rights influenced debate.
Declarations were made by cabinets or presidents acting within frameworks used by figures such as Turgut Özal and Recep Tayyip Erdoğan and applied through organs like the National Security Council. Powers included restrictions on movement in provinces like Hakkâri and Şırnak, extended detention frameworks used by Ankara prosecutors, censorship measures affecting outlets such as TRT, closures of associations including ones similar to HDP-linked groups, and transfer of authority to provincial governors akin to practices in Gaziantep and Mardin. Instruments encompassed administrative decrees, extraordinary courts in past eras comparable to State Security Courts, and use of paramilitary structures resembling the Gendarmerie General Command.
Implementation involved provincial governorates (valilik) and bureaucratic offices such as the Ministry of Interior, chaired by ministers including Süleyman Soylu, with coordination from security services like the MİT and law enforcement bodies including the Turkish National Police. Administrative practices mirrored earlier measures in the OHAL region where supergovernorships were instituted; commissioners and administrators drew on precedents set under leaders like Kenan Evren. Implementation affected civil servants, judges, prosecutors, and institutions such as Ankara University, media outlets like Hürriyet and Yeni Şafak, and cultural venues such as Istanbul Modern. Emergency decree laws (KHK) issued after 2016 removed or suspended legal protections and led to purges across institutions including the Turkish Armed Forces and YÖK.
Notable periods include the 1990s OHAL in provinces such as Diyarbakır and Tunceli during the conflict involving the PKK, post-1999 emergency responses to the 1999 İzmit earthquake overseen by administrations including Bülent Ecevit's, measures during the 2013 Gezi Park protests under Recep Tayyip Erdoğan's premiership, and the nationwide emergency declared after the 2016 Turkish coup d'état attempt, which was extended repeatedly by executive acts until parliamentary and presidential action culminated in abolition in 2018. Each episode intersected with institutions like the Turkish Parliament, political parties such as AKP, CHP, MHP, and regional actors like BDP.
Human rights organizations including Amnesty International, Human Rights Watch, the European Court of Human Rights, and national bodies like the IHD documented allegations of abuses including extended pretrial detention in cities such as İzmir and Adana, dismissal of academics from universities such as Boğaziçi University, restrictions on media outlets including closures impacting Cumhuriyet and Zaman, and limitations on organizations like Doctors Without Borders. Criticism came from international actors including the European Union institutions and rapporteurs from the United Nations Human Rights Council; domestic legal challenges reached the Constitutional Court of Turkey and administrative courts, raising issues related to rights protected by the European Convention on Human Rights and decisions referencing case law of the European Court of Human Rights.
Politically, emergency regimes reshaped the balance among institutions such as the Grand National Assembly of Turkey, the Presidency of Turkey, and the Council of State, influenced party dynamics among AKP, CHP, HDP, and MHP, and affected civil society groups like trade unions tied to the DİSK and professional associations including the TOBB. Social impacts were visible in displacement in southeastern provinces like Şırnak and Hakkâri, curtailment of protests in locations such as Taksim Square, and long-term effects on academia, journalism, and the judiciary involving figures from institutions such as Istanbul University and Ankara University.
National abolition of the formal state of emergency instrument in 2018 under the presidential system led to continued use of emergency decree laws, administrative reorganization within ministries like the Ministry of Interior, ongoing prosecutions in courts including those in Ankara and Istanbul, and reconciliation debates involving actors such as President Recep Tayyip Erdoğan, opposition leaders in CHP and HDP, European institutions, and civil society organizations. Legacy issues persist in case law at the European Court of Human Rights, remedies sought by dismissed public servants, and reforms debated in the Grand National Assembly of Turkey and by international partners such as the European Commission.
Category:Politics of Turkey Category:Law of Turkey Category:Human rights in Turkey