Turkish Lawmakers Adopt State of Emergency & Suspend Adherence to the European Convention on Human Rights (July 21, 2016) [1]
On July 21, 2016, Turkish parliament approved (press release [3] available in Turkish) measures granting authorities emergency powers. According to reports [4], the measures stipulate a three-month state of emergency during which Turkey’s executive branch may issue binding decrees. The decrees may be overruled by the parliament but are not subject to review by the Turkish Constitutional Court. According to a report [5], the emergency measures are expected to allow continued detention and expedited prosecution for those alleged to have participated in the unsuccessful July 15 coup attempt in which members of the Turkish military sought to remove the government of President Recep Tayyip Erdogan’s Justice and Development (AKP) party. According to reports [6], in response to the coup attempt, Erdogan’s government has purged tens of thousands of military officers, judges, academics, and journalists. Shortly before the state of emergency was approved, Turkey notified [7] the Council of Europe of its intention to suspended its adherence with the European Convention on Human Rights (ECHR [8]). Under Article 15 of the ECHR, states may temporarily derogate from some of the Convention’s rights—including the freedoms of movement, expression, and association. During periods of derogation, derogating states must provide regular updates to the Council of Europe’s Secretary General.