The law draft that would involve regulations that would provide the continuity of State of Emergency applications for at least three more years after its end has passed the Parliamentary General Assembly.
The regulation predicts amendments in many laws including the Law on Meetings and Demonstrations, the Turkish Penal Code and the Law for Provincial Administration. Governorates were given the authority to ban entrances and exits to provinces, bring individual restrictions and decide when, where and how people can wander around in addition to their authority to issue curfews and ban protests. The custody period, which was 24 hours in case of no State of Emergency, has increased to 48 hours. The period will reach up to four days in mass crimes and will be able to be extended up to 12 days.
Dismissals in public service will continue for three more years. Authority on the dismissals made with Statutory Decrees issued within the State of Emergency were given directly to the ministries. Judges and prosecutors will be able to be dismissed by the Council of Judges and Prosecutors, academics by the Council of Higher Education (YÖK) and other public personnel with no relations to any ministry by an authorized institution. YÖK had objected against the regulation due to “indefensibility” based on the independence of universities.
Restrictions on protests and demonstrations were brought the condition to “not make daily lives of citizens extremely and unbearably difficult.” This vague term, which has no definition in the law, makes banning protests and demonstrations easier.
Now a police warrant will be enough to issue a custody once again instead of a warrant issued by the Prosecutor, that was brought in order to “fasten investigation.” Furthermore, objections against arrest warrants, which would previously conclude within three days, will now be able to be concluded within 30 days; with arrest examinations (previously conducted monthly) increased to 90 days. Phone calls of family members of those who have investigations against them will be allowed to be taped and travel restrictions could be brought on them. On the other hand, the proceeding of vice Presidents, ministers, their deputies, generals, admirals, governors, district governors and other high judiciary members will be bound to permission. This privilege protects the people in those positions with a shield of impunity.
Thus, the State of Emergency was effectively extended for at least another three years after its official end. Turkey will continue to be governed with State of Emergency laws without needing an official declaration of State of Emergency with such regulations that are in conflict with many provisions protected by the Constitution, such as the ‘freedom of accommodation and travel,’ ‘right to meeting and demonstration’ and ‘personal criminal liability.’