Centrum Stosunków Międzynarodowych - 30 September 2016: Turkey to extend state of emergency, continue crackdown

After Wednesday’s recommendation by the National Security Council, Turkish President Recep Tayyip Erdoğan announced on Thursday that the current state of emergency – introduced in July after a failed coup attempt and set for three months – will be extended. While Erdoğan floated a three-month extension, he also argued that ‘maybe 12 months won't be enough’ to remove threats to the government. It is expected that the Council of Ministers will duly give the necessary approval for the extension.

The president and his political allies used the extraordinary prerogative of the state of emergency to effect massive purges in the army, security services, judiciary and local government, as well as among journalists, businessmen, and civil servants. According to Justice Minister Bekir Bozdag around 32,000 people have been arrested since July, while around 70,000 have been targeted by judicial proceedings for alleged links with Fethullah Gülen, who is accused by the government of masterminding the coup attempt. On Thursday 12 TV stations broadcasting in Kurdish or affiliated with Alevi religious minority were closed, while on Friday arrest warrants for over 160 judiciary and prison employees were issued.

Read more (Constitution of Turkey) >>

According to the 1982 Constitution of Turkey, the Cabinet of Ministers may declare a state of emergency for up to six months in the case of a natural disaster, a serious economic crisis, widespread acts of violence or serious deterioration of public order. It allows the cabinet under the chairpersonship of the president to issue decrees with ‘the force of law’ and to suspend fundamental rights and freedoms, except for the right to leave, the prohibition of torture and forced work and the freedom of conscience. Additionally, the constitution guarantees due process and prohibits retroactive application of law even under a state of emergency. The decision to declare a state of emergency has to be put before the parliament which may then vote to confirm it, end it or alter its length. At cabinet’s request, the parliament may extend a state of emergency by four months at a time. Parliament also has to confirm or reject cabinet’s decreets but may not introduce amendments. Given Erdoğan’s dominant position within Turkey’s political system and the ruling AKP, the state of emergency grants him immense powers that are far outside the ordinary parameters of the political process.