Is the State of Emergency Inquiry Commission, Established by Emergency Decree 685, an Effective Remedy?

Abstract

Following the attempted coup of 15 July 2016, the government of Turkey declared a State of Emergency and has since then issued a series of emergency decrees either directly dismissing public officials as in the case of decrees No. 668, 669, 670, 672, 675, 677, 679, 683 and 686 or by decision of bodies authorized under the emergency decree No. 667. Tens of thousands of public officials have thus been dismissed and consequently subjected to a permanent restriction of their rights associated with public service. Furthermore, hundreds of unions, federations, confederations, private health institutions, private educational institutions, private institutions of higher education (foundation universities), private radio and television outlets, newspapers and magazines, news agencies, publishers and distributors were closed by emergency decrees. In addition 1500 associations and 123 foundations were dissolved.

This article examines whether the State of Emergency Inquiry Commission established by Emergency Decree 685, will be able to offer effective remedy to those whose rights have been violated by previous decrees.

Keywords: derogation, state of emergency, Turkey, European convention on human rights, effective remedy