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Maximum Duration of Detention Under State of Emergency Law in Turkey

28 July 2016

In Turkey’s recent past, the partial application of the martial law began on November 1978; became permanent with the military coup of 12 September 1980; and lasted until July 19, 1987. As of 1984, application of martial law began to be terminated, yet in some cities it transformed into state of emergency law.  From this date onwards, the practices of the emergency state that concerns several cities in the Eastern and South-eastern Turkey were protracted 46 times to last until November 30, 2002. Briefly, for 24 years the people of Turkey have lived under the martial law/state of emergency that restricted/suspended the fundamental rights and freedoms in the entire country or in a part of it.

To a great extent, the practices of state of emergency have become partial during Ecevit government. Ultimately, the state of emergency in the two cities (Diyarbakir and Sirnak) has not been prolonged and hence, terminated on November 30, 2002 during the Justice and Development Party government.

Peculiarly, the Decree having force of Law with a number 667 concerning the measures taken within the scope of the State of Emergency, which is published in the Official Gazette on July 23 violates the principle of absolute prohibition of torture, ill-treatment, and degrading treatment, which is guaranteed by the Constitution Article (15) Clause (2), as well as the ECHR Article (15) Article (6) Clause (1) Section (a) by extending the maximum duration of detention to 30 days.

The maximum duration of detention extended under state of emergency following the military coup of 12 September 1980 has been decreased from 30 days to 10 days in 1997 (Later on to 7 days in 2002). In the light of this fact, we are publishing the time table of ‘Maximum Duration of Detention Under State of Emergency Law in Turkey Between 1980-2016’ due to clarify the meaning of extended maximum duration of detention as of 23 July 2016 under state of emergency.

Best regards,

Human Rights Foundation of Turkey Documentation Center

durdet

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