Human Rights Commissioner at the Council of Europe Nils Muiznieks published a ten-page memorandum on Friday 7 October on the impact of measures taken during the state of emergency in Turkey, along with recommendations to the Turkish government.
The memorandum follows Muyznieks’ visit to Ankara on 27 to 29 September, where he met members of the government, representatives of opposition political parties and a number of NGOs. He said he had had "frank and open discussions" after condemning with the utmost severity the attempted coup of 15 July.
The memorandum was drawn up as he realised that "a swift and decisive reaction to that threat was both natural and necessary", since a number of crimes were committed. He said that "it is inconceivable that the clear and present danger to Turkish democracy, which was undeniably demonstrated during the attempted coup, has at present – two-and-a-half months afterwards – not diminished to a significant extent". He also said that there was wide consensus in Turkish society that Fetullah Gülen’s movement has infiltrated the army and many sectors of society, and was behind the failed coup.
Muiznieks said the use of the state of emergency and the announcement that Turkey was going to derogate from rights granted by the European Convention of Human Rights were understandable in the context, but expressed reservations about the application of the decisions.
The measures passed by decree cover people well beyond state officials, he points out, and affect civil society, private schools, universities, hospitals, media, business, finance and suspects’ friends and family. Moreover, the procedures established by emergency decree mark a significant gap with those that normally apply and interfere with the human rights of a huge number of people. He pointed out that there was a degree of arbitrariness associated with the discretionary powers granted to the civil services resulting in a situation that still clearly risked eroding the rule of law.
"Considering the vast number of persons arrested, detained, suspended and/or dismissed, as well as legal persons disbanded by using emergency powers and procedures, it is inconceivable" for the threat not to have significantly reduced after two and a half months, the memorandum states. The commissioner believes that "the time has come, as a first priority, to set aside the logic of emergency and revert to ordinary legislation as regards criminal and administrative procedures and safeguards when pursuing the aims that necessitated the state of emergency".
The commissioner notes "with regret" the Turkish government’s intention to prolong the state of emergency for a further 90-day period, but hopes that this period can be curtailed.
In the meantime, Muiznieks calls on the authorities to begin as soon as possible to return to procedures that better guarantee the rule of law, acting sector-by-sector and case-by-case. In this connection, he urges Turkey to make use of the Council of Europe's services (Turkey is a member of the Council of Europe). (Original version in French by Véronique Leblanc)