Martial law and state of emergency in Turkey
Encyclopedia
Since 1940 Turkey has frequently been under extraordinary rule, either the whole of the country or specific provinces
. According to Articles 119-122 of the 1982 Constitution
the four types of extraordinary rule are martial law
(sıkıyönetim), state of emergency
(olağanüstü hal), mobilization
(seferberlik) and situation of war (savaş hali).
. The first law passed in 1940 was called law on extraordinary administration (İdare-i Örfiye Kanunu). It was replaced in 1971 by Martial Law. The first law on state of emergency
, mobilization and war was passed under military rule in 1983. It was Law 2935 of 25 October 1983, promulgated in the Official Gazette
on 27 October 1983.
ARTICLE 119. In the event of natural disaster, dangerous epidemic diseases or a serious economic crisis, the Council of Ministers... may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.
ARTICLE 120. 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 serious deterioration of public order because of acts of violence, the Council of Ministers, after consultation with the National Security Council, may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.
ARTICLE 122. The Council of Ministers, under the chairmanship of the President of the Republic, after consultation with the National Security Council, may declare martial law in one or more regions or throughout the country for a period not exceeding six months, in the event of widespread acts of violence which are more dangerous than the cases necessitating a state of emergency and which are aimed at the destruction of the free democratic order or the fundamental rights and freedoms embodied in the Constitution; or in the event of war, the emergence of a situation necessitating war, an uprising, or the spread of violent and strong rebellious actions against the motherland and the Republic, or widespread acts of violence of either internal or external origin threatening the indivisibility of the country and the nation...
Extension of the period of martial law for a maximum of four months each time, shall require a decision by the Turkish Grand National Assembly. In the event of state of war, the limit of four months does not apply.
In the event of martial law, mobilization and state of war, the provisions to be applied and conduct of affairs, relations with the administration, the manner in which freedoms are to be restricted or suspended and the obligations to be imposed on citizens in a state of war or in the event of emergence of a situation necessitating war, shall be regulated by law.
in response to violent incidents in Kahramanmaraş
. During the nine months after the Kahramanmaraş riots the government extended martial law to cover 20 provinces. When the military seized power on 12 September 1980 the five generals of the General Staff announced martial law
in all of the existing 67 provinces of Turkey. From December 1983 military rule was gradually withdrawn. It was finally lifted throughout Turkey in July 1987.
On 1 July 1982 five States (Denmark, Norway, Sweden, France and the Netherlands) filed an application against Turkey with the European Commission of Human Rights
. In December 1985 a friendly settlement was reached that demanded that Turkey should lift martial law within 18 months. Turkey did as requested, only to replace martial law by emergency legislation
.
, Diyarbakır
, Elazığ
, Hakkari
, Mardin
, Siirt
, Tunceli
and Van
and the declaration of Adıyaman
, Bitlis
and Muş
provinces as neighbouring provinces (Mücavir İl) on 19 July 1987. The legal basis was the Decision 285 with the power of law (285 sayılı Kanun Hükmünde Kararname) that appointed a regional governor for the state of emergency. The regime and the region became known as OHAL Region (the State of Emergency Region, the Emergency Region Governorate, the Emergency Rule Region etc.).
and Şırnak
became part of the OHAL region. On 19 March 1994 Bitlis became a neighbouring province. Starting at the end of 1994 the region was slowly narrowed down. First Elazığ was excluded from the provinces under emergency legislation and Adıyaman was no longer counted as neighbouring province. On 30 November 1996 Mardin was "degraded" to neighbouring province. The same happened to Batman, Bingöl and Bitlis provinces on 6 October 1997. Emergency legislation was lifted in Siirt on 30 November 1999, in Van on 30 July 2000 and in Hakkari and Tunceli provinces on 30 July 2002. On 30 November 2002 OHAL was lifted completely. Until the end emergency legislation had been in force in Diyarbakır and Şırnak provinces.
The name of the regional governors (also called "super governors") were
Since 2002 the Turkish Armed Forces
have declared parts of the former OHAL region as security zone (güvenlik bölgesi). Some people argued that this was another form of the OHAL regime.
violations in the region under emergency legislation (OHAL) between 1987 and 2002. These are official figures, since they were given in reply to a request of Diyarbakır deputy Mesut Değer of 29 January 2003 to the Defence Ministry. The response dates 28 February 2003.
The death toll was given as:
In addition 371 members of the armed forces
and 572 civilians lost their lives because of exploding mines or bombs. In the region 1,248 political killings had happened. Among them 750 had been clarified, while in 421 cases the murderers had not been determined. Eighteen people had died in custody and 194 people "disappeared". Some had been found in prison, in good health or dead, but 132 were still missing. There had been 1,275 complaints of torture and in 1,177 cases investigations had been initiated. In 296 trials against civil servants 60 had resulted in conviction, while in 56 of them the sentences had been suspended.
Provinces of Turkey
Turkey is divided into 81 provinces, called il in Turkish .A province is administered by an appointed governor , and was formerly termed a "governorate" ....
. According to Articles 119-122 of the 1982 Constitution
Constitution of Turkey
This article relates to a current event. See also the Turkish constitutional referendum, 2010The Constitution of the Republic of Turkey is Turkey's fundamental law. It establishes the organization of the government and sets out the principles and rules of the state's conduct along with its...
the four types of extraordinary rule are martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
(sıkıyönetim), state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
(olağanüstü hal), mobilization
Mobilization
Mobilization is the act of assembling and making both troops and supplies ready for war. The word mobilization was first used, in a military context, in order to describe the preparation of the Prussian army during the 1850s and 1860s. Mobilization theories and techniques have continuously changed...
(seferberlik) and situation of war (savaş hali).
History
On 27 December 2001 constitutional law professor Dr. Zafer Üskül presented some details in the daily RadikalRadikal
Radikal is a daily Turkish language newspaper, published in Istanbul. It has been published since 1997 by Aydın Doğan's Doğan Media Group ....
. The first law passed in 1940 was called law on extraordinary administration (İdare-i Örfiye Kanunu). It was replaced in 1971 by Martial Law. The first law on state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
, mobilization and war was passed under military rule in 1983. It was Law 2935 of 25 October 1983, promulgated in the Official Gazette
Gazette
A gazette is a public journal, a newspaper of record, or simply a newspaper.In English- and French-speaking countries, newspaper publishers have applied the name Gazette since the 17th century; today, numerous weekly and daily newspapers bear the name The Gazette.Gazette is a loanword from the...
on 27 October 1983.
State of Emergency
Articles 119 and 120 of the 1982 Constitution state on the reasons for the announcement of a state of emergency:ARTICLE 119. In the event of natural disaster, dangerous epidemic diseases or a serious economic crisis, the Council of Ministers... may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.
ARTICLE 120. 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 serious deterioration of public order because of acts of violence, the Council of Ministers, after consultation with the National Security Council, may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.
Martial law
Article 122 of the 1982 Constitution provides:ARTICLE 122. The Council of Ministers, under the chairmanship of the President of the Republic, after consultation with the National Security Council, may declare martial law in one or more regions or throughout the country for a period not exceeding six months, in the event of widespread acts of violence which are more dangerous than the cases necessitating a state of emergency and which are aimed at the destruction of the free democratic order or the fundamental rights and freedoms embodied in the Constitution; or in the event of war, the emergence of a situation necessitating war, an uprising, or the spread of violent and strong rebellious actions against the motherland and the Republic, or widespread acts of violence of either internal or external origin threatening the indivisibility of the country and the nation...
Extension of the period of martial law for a maximum of four months each time, shall require a decision by the Turkish Grand National Assembly. In the event of state of war, the limit of four months does not apply.
In the event of martial law, mobilization and state of war, the provisions to be applied and conduct of affairs, relations with the administration, the manner in which freedoms are to be restricted or suspended and the obligations to be imposed on citizens in a state of war or in the event of emergence of a situation necessitating war, shall be regulated by law.
Imposition of martial law
At the end of 2001 law professor Dr. Zafer Üskül stated that 40 of its 78 years the Republic of Turkey had been under extraordinary rule. In December 1978 martial law was imposed in 13 provincesProvinces of Turkey
Turkey is divided into 81 provinces, called il in Turkish .A province is administered by an appointed governor , and was formerly termed a "governorate" ....
in response to violent incidents in Kahramanmaraş
Kahramanmaras
-Industry:Kahramanmaraş's industry is mainly based on textile and ice cream. Kahramanmaraş is one of the biggest textile industry cities of Turkey. Companies like Kipaş, İskur, Arsan and Bozkurt are one of the richest companies in the city...
. During the nine months after the Kahramanmaraş riots the government extended martial law to cover 20 provinces. When the military seized power on 12 September 1980 the five generals of the General Staff announced martial law
Martial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
in all of the existing 67 provinces of Turkey. From December 1983 military rule was gradually withdrawn. It was finally lifted throughout Turkey in July 1987.
On 1 July 1982 five States (Denmark, Norway, Sweden, France and the Netherlands) filed an application against Turkey with the European Commission of Human Rights
European Commission of Human Rights
European Commission of Human Rights was a special tribunal.From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be...
. In December 1985 a friendly settlement was reached that demanded that Turkey should lift martial law within 18 months. Turkey did as requested, only to replace martial law by emergency legislation
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
.
State of Emergency
A new era started with the declaration of a region under emergency legislation in the provinces of BingölBingöl Province
Bingöl Province is a province of Turkey in Eastern Anatolia. The province was created in 1946 out of parts of Elazığ and Erzincan. The new province was known as Çapakçur Province until 1950. Its neighbouring provinces are Tunceli, Erzurum, Muş, Diyarbakır, Erzincan and Elazığ. The province covers...
, Diyarbakır
Diyarbakir Province
Diyarbakır Province is a province in eastern Turkey. The province covers an area of 15,355 km² and the population is 1,528,958. The provincial capital is Diyarbakir...
, Elazığ
Elazig Province
Elâzığ Province is a province of Turkey with its seat in the city of Elâzığ. The source of the Euphrates river is located in this province.The province has a population of 552,646 as of 2010...
, Hakkari
Hakkari Province
Hakkâri Province is a province in the south east corner of Turkey. The administrative centre is located in the city of Hakkâri . The province covers an area of 7,121 km² and has a population of 251,302 . The province had a population of 236,581 in 2000.The province was created in 1936 out of...
, Mardin
Mardin Province
Mardin Province is a province of Turkey with a population of 744,606. The population was 835,173 in 2000. The capital of the Mardin Province is Mardin...
, Siirt
Siirt Province
Siirt Province is a province of Turkey, located in the southeast. The province borders Bitlis to the north, Batman to the west, Mardin to the southwest, Şırnak to the south, and Van to the east. It has an area of 5,406 km² and a total population of 300,695...
, Tunceli
Tunceli Province
The Tunceli Province is a province in the Eastern Anatolia region of Turkey. The province was named Dersim Province and was changed to Tunceli Province on January 4, 1936. with the "Law on Administration of the Tunceli Province" , no...
and Van
Van Province
Van Province is a province in eastern Turkey, between Lake Van and the Iranian border. It is 19,069 km2 in area and had a population of 1,035,418 at the end of 2010....
and the declaration of Adıyaman
Adiyaman Province
Adıyaman Province is a province in south-central Turkey. The province was created in 1954 out of part of Malatya Province. Area 7,614 km². Population 590,935 , up from 513,131 in 1990. The capital is Adıyaman....
, Bitlis
Bitlis Province
Bitlis Province is a province of eastern Turkey, located to the west of Lake Van.-History:Bitlis was formed as an administrative district in the 17th Century...
and Muş
Mus Province
Muş Province is a province in eastern Turkey. It is 8,196 km² in area, and has a population of 406,886 . The population was 453,654 in 2000. The provincial capital is the city of Muş...
provinces as neighbouring provinces (Mücavir İl) on 19 July 1987. The legal basis was the Decision 285 with the power of law (285 sayılı Kanun Hükmünde Kararname) that appointed a regional governor for the state of emergency. The regime and the region became known as OHAL Region (the State of Emergency Region, the Emergency Region Governorate, the Emergency Rule Region etc.).
OHAL
The state of emergency was extended 46 times for four months each. On 6 May 1990 the newly created provinces BatmanBatman Province
Batman Province is a Turkish province southeast of Anatolia. The province's population exceeded 500,000 in 2010.The province is important because of its reserves and production of oil which was started in the 1940s. There is a 494-km long oil pipeline from Batman to the Turkish port of İskenderun....
and Şırnak
Şırnak Province
The Şırnak Province is a Turkish province in southeastern Anatolia. It has a population of 430,109 . The population was 353,197 in 2000....
became part of the OHAL region. On 19 March 1994 Bitlis became a neighbouring province. Starting at the end of 1994 the region was slowly narrowed down. First Elazığ was excluded from the provinces under emergency legislation and Adıyaman was no longer counted as neighbouring province. On 30 November 1996 Mardin was "degraded" to neighbouring province. The same happened to Batman, Bingöl and Bitlis provinces on 6 October 1997. Emergency legislation was lifted in Siirt on 30 November 1999, in Van on 30 July 2000 and in Hakkari and Tunceli provinces on 30 July 2002. On 30 November 2002 OHAL was lifted completely. Until the end emergency legislation had been in force in Diyarbakır and Şırnak provinces.
The name of the regional governors (also called "super governors") were
- Hayri Kozakçıoğlu (12.01.1987-02.08.1991)
- Necati Çetinkaya (17.08.1991-29.01.1992)
- Ünal Erkan (21.02.1992-01.11.1995)
- Necati Bilican
- Aydın Arslan (died on duty because of a heart attack in 1999)
- Gökhan Aydıner
Since 2002 the Turkish Armed Forces
Turkish Armed Forces
The Turkish Armed Forces are the military forces of the Republic of Turkey. They consist of the Army, the Navy , and the Air Force...
have declared parts of the former OHAL region as security zone (güvenlik bölgesi). Some people argued that this was another form of the OHAL regime.
Balance sheet of 15 years OHAL
In an article of September 2005 the lawyers M. Sezgin Tanrıkulu and Serdar Yavuz (both working in Diyarbakır) presented some figures concerning human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
violations in the region under emergency legislation (OHAL) between 1987 and 2002. These are official figures, since they were given in reply to a request of Diyarbakır deputy Mesut Değer of 29 January 2003 to the Defence Ministry. The response dates 28 February 2003.
The death toll was given as:
| Civilians | Security staff | Militants |
| 5,105 | 3,541 | 25,344 |
In addition 371 members of the armed forces
Armed forces
The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their governing body, and to defend that body and the nation it represents from external aggressors. In some countries paramilitary...
and 572 civilians lost their lives because of exploding mines or bombs. In the region 1,248 political killings had happened. Among them 750 had been clarified, while in 421 cases the murderers had not been determined. Eighteen people had died in custody and 194 people "disappeared". Some had been found in prison, in good health or dead, but 132 were still missing. There had been 1,275 complaints of torture and in 1,177 cases investigations had been initiated. In 296 trials against civil servants 60 had resulted in conviction, while in 56 of them the sentences had been suspended.
See also
- State of emergencyState of emergencyA state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
- Martial lawMartial lawMartial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
- 1960 Turkish coup d'état
- 1971 Turkish coup d'état
- 1980 Turkish coup d'état
- Turkey–Kurdistan Workers' Party conflict