European rights body says Turkey violated own constitution in post-coup crackdown


Date posted: December 9, 2016

Turkey violated its own constitution and international law in the widespread crackdown following July’s failed coup, the Council of Europe said in a statement on Friday.

President Recep Tayyip Erdogan has faced stern criticism in particular from the European Union for the hugely controversial purge of public bodies that has seen 37,000 people arrested and tens of thousands more sacked.

While the CoE’s Venice Commission — a advisory body made up of constitutional law experts — acknowledged that Turkey had faced “a dangerous armed conspiracy” and had “good reasons” to declare its state of emergency, Erdogan’s government “went beyond what is permitted by the Turkish Constitution and by international law”.

The commission said that the government had not referred to “verifiable evidence” in the collective dismissals of tens of thousands of public servants, which “were not accompanied even by a minimum of procedural safeguards”.

“Such method of purging the State apparatus creates a strong appearance of arbitrariness,” the experts added.

Many of the arrests and sackings have been justified by supposed links to the movement of exiled cleric Fethullah Gulen, which Turkey considers a terrorist organisation.

However, the commission found that such links had been “too loosely defined and did not require a meaningful connection” to the Gulen movement that could “reasonably cast doubt” on the loyalty of public servants.

It added that such vague connections mostly did not amount to “criminal and disciplinary liability”.

The experts decried the fact that civil servants were sacked rather than suspended and that associations were liquidated rather than put under temporary State control.

The commission expressed concern that the Turkish constitutional court lacked the power to “thoroughly review the constitutionality of the emergency decree laws, as it should” have.

It also criticised a provision granting law-enforcement bodies the power to detain suspects in custody without judicial review for up to 30 days.

“The commission supports a proposal made by the Secretary General of the Council of Europe, concerning the creation of an independent ad hoc body for the examination of individual cases of dismissals, subject to subsequent judicial review.”

The Council of Europe is a pan-European body made up of 47 countries, Turkey amongst them, including 28 from the EU.

It describes itself as Europe’s leading human rights organisation and all its members have signed the European Convention on Human Rights.

Source: Middle East Online , December 9, 2016


Related News

Pro-gov’t journalist suggests killing family members of jailed Gülen followers

Journalist Cem Küçük, a staunch supporter of Turkish President Recep Tayyip Erdoğan, suggested during a live TV program that Turkish intelligence should kill family members of jailed Gülen followers in order to turn the inmates into operatives for the Erdoğan regime.

Police, gov’t inspectors raid Gülen-inspired private, prep schools in Gaziantep

In another instance of a government-orchestrated operation targeting the faith-based Gülen movement, the police along with inspectors from several ministries and institutions conducted raids at eight institutions owned by the Safa Education Institution, which was established by volunteers of the movement in Gaziantep, early on Monday.

Erdogan: The Sultan of an illusionary Ottoman Empire

It appears that Erdogan had never committed himself to a democratic form of government. A quote attributed to him in 1999 describes precisely what his real intentions were from the day he rose to power. “Democracy” he said, “is like a bus, when you arrive at your destination, you step off.”

Dismissed policeman detained while applying to post-coup rights commission

I.K., a former deputy police chief in Gaziantep’s Sehitkamil district who was dismissed in the government’s post-coup crackdown, was detained when he visited a local State of Emergency (OHAL) commission in Sivas to reclaim his rights.

ECtHR rules Bulgaria violated rights of Turkish journalist who was deported despite seeking asylum

The European Court of Human Rights (ECtHR) on Tuesday ruled that Bulgaria violated the rights of a Turkish journalist who had fled Ankara’s crackdown on dissent by deporting him without examining his asylum request.

UN Concerned About Albanian Deportations of Turkish ‘Gulenists’

United Nations human rights officials expressed concern about the Albanian authorities’ treatment of two Turks wanted by Ankara, one of whom was rapidly expelled while the other awaits deportation in custody.

Latest News

Fethullah Gulen – man of education, peace and dialogue – passes away

Fethullah Gülen’s Condolence Message for South African Human Rights Defender Archbishop Desmond Tutu

Hizmet Movement Declares Core Values with Unified Voice

Ankara systematically tortures supporters of Gülen movement, Kurds, Turkey Tribunal rapporteurs say

Erdogan possessed by Pharaoh, Herod, Hitler spirits?

Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case

A “Controlled Coup”: Erdogan’s Contribution to the Autocrats’ Playbook

Why is Turkey’s Erdogan persecuting the Gulen movement?

Purge-victim man sent back to prison over Gulen links despite stage 4 cancer diagnosis

In Case You Missed It

Today’s Zaman: six years of intense coverage

Cambodian PM congratulates students from Turkish high school on GENIUS Olympiad success

Zephyrs from the Presence, the latest book by Ahmet Kurucan…

Gülen’s lawyer: New arrest warrant for Gülen is unlawful

After coup, Turkish activist afraid to return home

Whistleblower Fuat Avni: Gov’t to plant weapons in Hizmet buildings to declare it terrorist group

Operation against the Hizmet movement soon!

Copyright 2025 Insightful Neighbor