Reservations and Declarations for Treaty No.005 - Convention for the Protection of Human Rights and Fundamental Freedoms

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 20/11/2017

Turkey

Derogation contained in a letter from the Permanent Representation of Turkey, dated 6 August 1990, registered at the Secretariat General on 7 August 1990 - Or. Engl.

1. The Republic of Turkey is exposed to threats to its national security in South East Anatolia which have steadily grown in scope and intensity over the last months so as to amounting to a threat to the life of the nation in the meaning of Article 15 of the Convention.

During 1989, 136 civilians and 153 members of the security forces have been killed by acts of terrorists, acting partly out of foreign bases. Since the beginning of 1990 only, the numbers are 125 civilians and 96 members of the security forces.

2. The threat to national security is predominantly occuring in provinces (*) of South East Anatolia and partly also in adjacent provinces.

3. Because of the intensity and variety of terrorist actions and in order to cope with such actions, the Government has not only to use its security forces but also take steps appropriate to cope with a campaign of harmful disinformation of the public, partly emerging from other parts of the Republic of Turkey or even from abroad and with abuses of tradeunion rights.

4. To this end, the Government of Turkey, acting in conformity with Article 121 of the Turkish Constitution, has promulgated on May 10, 1990 the decrees with force of law No. 424 and 425. These decrees may in part result in derogating from rights enshrined in the following provisions of the European Convention for Human Rights and Fundamental Freedoms : Articles 5, 6, 8, 10, 11 and 13. A descriptive summary of the new measures is attached hereto. The issue of their compatibility with the Turkish Constitution is presently pending before the Constitutional Court of Turkey.

5. The Government of Turkey will inform the Secretary General of the Council of Europe when the measures referred to above have ceased to operate.

6. This notification if given pursuant to Article 15 of the European Convention on Human Rights.

(*) The provinces are Elazig, Bingöl, Tunceli, Van, Diyarbakir, Mardin, Siirt, Hakkâri, Batman, Sirnak.

DESCRIPTIVE SUMMARY OF THE CONTENT OF THE DECREES WHICH HAVE THE FORCE OF LAW No. 424 AND 425

A. By virtue of the decrees having force of Law No. 424 and 425 on the state of emergency region, the state of emergency region governorship has been empowered with the following additional powers.

1. The Minister of Interior, upon the proposal of the Governor of the state of emergency region can temporarily or permanently ban any publication (regardless of the location of the printing press), which is prone to cause a serious disruption in the public order of the region or excitement of the local people or to handicap the security forces in performing their duties by misinterpreting the regional activities. This also includes, if necessary, the power to order the closure of the printing press concerned.

2. The Governor of the state of emergency region can order persons who continuously violate the general security and public order, to settle at a place to be specified by the Minister of Interior outside the state of emergency region for a period which shall not exceed the duration of the state of emergency. At their request, the persons concerned may receive financial aid from the Development and Support Fund. The particulars for this assistance shall be determined by the Ministry of Interior.

3. The Governor of the state of emergency region (or the delegated provincial Governor) can suspend (up to 3 months) or require prior permission for certain labor disputes related activities like strike and lockout.

4. The Governor can also ban, or take preventive measures against certain activities like destruction, looting, boycotting, slowing down of work, restricting the freedom of work and closing down of business.

5. The Governor of the state of emergency region can order the temporary or permanent evacuation, change of place, regrouping of villages, grazing fields and residential areas for reasons of public security.

6. The Governor of the state of emergency region can order the relevant public institutions in the state of emergency region to transfer permanently or temporarily to other positions their public officials who are deemed to be harmful to general security and public order, the concerned public official shall remain subject to the provisions of the special law on civil service applicable to him.

B. No legal claims of criminal, pecuniary or legal nature can be brought against, nor can any legal steps be taken with the judicial authority for this purpose in respect of any decision taken or any act performed by the Minister of Interior, the Governor of the emergency region and other governors, when exercising the power under the decree No. 424 having force of law.

C. No interim decision to suspend the execution of an administrative act can be taken during proceedings of an administrative suit which has been filed against the act(s) performed when exercising the power given by the law of emergency No. 2935 to the Minister of Interior, the Governor of the state of emergency region and the provincial governors.

D. The suit of nullity can not be filed against administrative acts performed by the Governor of the emergency region when exercising the power given to him under the decree having force of law No. 285.

[Note by the Secretariat : The Permanent Representation of Turkey amended the Communication dated 6 August 1990 by letters dated 4 January 1991 and 6 April 1993, and limitated it to Article 5 of the Convention by letter dated 5 May 1992. The withdrawal of the declaration of 5 May 1992 by letter from the Permanent Representative of Turkey dated 29 January 2002 revokes de facto this communication of 6 August 1990.]
Period covered: 06/08/1990 - 29/01/2002
Articles concerned : 15

Communication contained in a letter from the Permanent Representation of Turkey, dated 3 January 1991, registered at the Secretariat General on 4 January 1991 - Or. Engl.

I have the honor to refer to the Notice of Derogation made by the Republic of Turkey in conformity with Article 15 of the European Convention on Human Rights on August 6, 1990.

The said Notice of Derogation referred to Decrees with force of law No. 424 and 425, and was accompanied by a Descriptive Summary of the contents of the said Decrees. I hereby inform you that a Decree with force of law No. 430 has been enacted by the Council of Ministers of Turkey on December 16, 1990 to replace Decree No. 424. A Descriptive Summary of the new Decree and the amendments it has introduced to the previous rules is attached hereto. This Descriptive Summary should replace part of the Descriptive Summary attached to the Notice of Derogation referred to above.

This notification is being made in conformity with Article 15, paragraph 3 of the European Convention on Human Rights.

Descriptive Summary of Decree with Force of Law No. 430

1. The powers of the Governor of the state of emergency under Decree with Force of Law No. 425 have been limited to the region where a state of emergency is in force. Thus, the adjacent provinces have been excluded from the competence of the Governor.

2. The special powers given to the Governor of the state of emergency by virtue of Decree with Force of Law No. 425 have been restricted to measures dealing with terrorist activities aiming at the destruction of fundamental rights and freedoms.

3. The power of the Minister of Interior relating to ban any publication or order the closure of the printing press (regardless of the location) is restricted. According to the new provision, the Minister of Interior has at first to issue a warning to the owner or the publisher of the publication. If the owner or the publisher continues to print or distribute the controversial issue, then the Minister concerned may temporarily or permanently ban the publication and, if necessary, may also order the closure of the printing press for a maximum period of 10 days, which may, however, be extended to 1 month in case of repetition. No maximum period for closure of the printing press has been stipulated by the (abrogated) Decree No. 424 (compare para. A(1) of the Descriptive Summary attached to the Notice of Derogation of August 6, 1990).

4. The authority of the Governor of the state of emergency to order persons to settle at a specified place outside the state of emergency region has been restricted by virtue of the new Decree. The persons who are expelled from the state of emergency region are not obliged to settle in a specified place. Hence, they will be free to choose their residence out of the region except when they request financial aid. In this case they have to settle at a specified place (see para. A(2) of previous Descriptive Summary).

5. Referring to the paragraphs A(3, 4, 5 and 6) of the Descriptive Summary of August 6, 1990 (which are related to strikes, lockout and some other activities of labor unions, evacuation and regrouping of villages, transfer of public officials to other posts or positions), it should be noted that the adjacent provinces have been excluded by virtue of the new decree.

6. As to paragraph 8 of the previous Descriptive Summary, a new clause has been included in the new Decree safeguarding the right to file an action against the administration (State) for loss or damages arising out of the performance of the acts taken under the emergency measures.

[Note by the Secretariat : This declaration concerns the Communication dated 6 August 1990, limitated to Article 5 of the Convention by letter from the Permanent Representative of Turkey dated 5 May 1992. The withdrawal of the declaration of 5 May 1992 by letter from the Permanent Representative of Turkey dated 29 January 2002 revokes de facto this declaration of 4 January 1991.]
Period covered: 03/01/1991 - 29/01/2002
Articles concerned : 15

Communication contained in a letter from the Permanent Representation of Turkey, dated 5 May 1992, registered at the Secretariat General on 5 May 1992 - Or. Engl. - and withdrawn by a letter from the Permanent Representative of Turkey, dated 29 January 2002, registered at the Secretariat General on 29 January 2002 - Or. Fr.

I have the honour to refer to the Notice of Derogation and the Notice of Information made by the Republic of Turkey in conformity with Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms on August 6, 1990 and January 3, 1991, respectively.

As most of the measures described in the decrees which have the force of law nos. 425 and 430 that might result in derogating from rights guaranteed by Articles 5, 6, 8, 10, 11 and 13 of the Convention, are no longer being implemented, I hereby inform you that the Republic of Turkey limits henceforward the scope of its Notice of Derogation with respect to Article 5 of the Convention only. The Derogation with respect to Articles 6, 8, 10, 11 and 13 of the Convention is no longer in effect; consequently, the corresponding reference to these Articles is hereby deleted from the said Notice of Derogation.
Period covered: 05/05/1992 - 29/01/2002
Articles concerned : 15

Communication contained in a letter from the Permanent Representation of Turkey, dated 6 April 1993, registered at the Secretariat General on 7 April 1993- Or. Fr.

With reference to the letter of 5 May 1992 and in accordance with Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I have the honour to inform you that under legislative decree no. 225 of 9 March 1993, the state of emergency was lifted from the town of Elazig and its district; however, under legislative decree no. 226 of 9 March 1993 the state of emergency was declared on the town of Bitlis and its district. These decrees came into force on 19 March 1993 at 5pm.

[Note by the Secretariat :This declaration concerns the Communication dated 6 August 1990, limitated to Article 5 of the Convention by letter from the Permanent Representative of Turkey dated 5 May 1992. The withdrawal of the declaration of 5 May 1992 by letter from the Permanent Representative of Turkey dated 29 January 2002 revokes de facto this declaration of 6 April 1993. Until 29 January 2002, the State of emergency was only in force with respect to Article 5 and maintained in the following districts: Batman, Bingöl, Bitlis town and its surrounding area, Diyarbakir, Hakkâri, Mardin, Siirt, Sirnak, Tunceli and Van.]
Period covered: 06/04/1993 - 29/01/2002
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 27 February 1961, registered at the Secretariat General on 28 February 1961 – Or. Fr.

The Permanent Turkish Delegation to the Council of Europe presents its compliments to the Secretary General and, by order of its Government, has the honour, in accordance with the provisions of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4th November 1950, to supply the following information on the revolutionary movement which took place in Turkey.

On 27th May 1960, the Turkish Armed Forces took over the administration of the country. Both the Grand National Assembly, up till then the legislative body, and the Government were dissolved. A Committee for National Unity, whose President formed the new Government, was constituted forthwith. Assurances were given in a presidential address on 27th May 1960 and in various subsequent declarations that it was the intention of the Armed Forces to establish a true democratic order, which would subsequently be put under the control of the will of the people, duly and freely expressed. On one hand, every step was taken to put this principle into operation and, on the other hand, legal proceedings were instituted against the responsible members of the former administration. All those members of the former régime, who were accused of having violated the spirit and letter of the Constitution and of having committed offences against ordinary law, were arrested and proceedings were instituted against them under law No. 3 of 16th June 1960. A "High Committee of University Professors" to investigate the offences and a High Court of Justice to try the cases were constituted for this purpose. The proceedings, which are public, are now following their normal course.

In view of the exceptional circumstances, a partial state of emergency was proclaimed up to 1st June 1960, and all political activities were provisionally suspended. Recently, however, authorisation has been given for five new political parties to be formed, in addition to the three existing parties, heralding the approaching resumption of political activities frequently announced from official sources.

On the first day of the Revolution, a Commission of eminent professors of law was instructed to draft a Constitution.

In a declaration made on 28th May 1960, the said Commission found inter alia that it would be inappropriate to describe the revolutionary movement as a coup d'Etat, since the Government and political authority which were deposed had not only promulgated laws contrary to the Constitution, but had violated the Constitution by invoking these laws and had, moreover, committed unlawful acts and thereby lost all legal character in everything that concerned the Grand National Assembly. The previous Government had made this Assembly a travesty; it had become a tool in the hands of a political group, an oligarchy devoid of all legislative character.

The draft Constitution was submitted for examination to the Committee for National Unity on 18th October 1960.

A Constituent Assembly was formed, which, among other things, was to study this draft Constitution before submitting it to the people's suffrage. Its composition and powers were set forth in a Bill prepared by a Committee of notable persons. Constituted in conformity with laws Nos. 157 and 158 adopted by the Committee for National Unity, this Assembly held its inaugural meeting on 6th January 1961. It is formed by the Committee for National Unity, of an Assembly of Representatives composed of delegates from the departments, and from the political parties, from the judiciary, the press, Universities and other organisations duly elected by these institutions.

In his inaugural address, the Head of the Turkish State and Government, General Gürsel, declared that the sole aim of the Revolutionary Government was to set up a second Republic on a democratic basis, founded in law, justice and liberty and the civic virtues, and that it was for this purpose that the Constituent Assembly had been convened. Its first task was to give the country a new Constitution and a new electoral law, for it was essential to prepare for elections at the earliest possible moment.

On 1st June 1960, the first day after the Revolution, a Special Committee was instructed to review all the anti-democratic laws promulgated by the former régime. In accordance with the Report prepared by this Committee, all such laws are now being repealed.

Once the procedure relating to the Constitution, the electoral law, the anti-democratic laws and other laws which will be added to a recent law concerning the press, conceived in a fully liberal spirit, has been completed, the new Assembly, which will represent the will of the people, will assume the direction of Turkish national affairs in accordance with democratic principles.

The date set, and several times confirmed, by the Head of State for the first meeting of the new Parliament is 31st October 1961 at the latest.
Period covered: 28/02/1961 - 19/12/1961
Articles concerned : 15

Withdrawal of derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 18 December 1961, registered at the Secretariat General on 19 December 1961 – Or. Fr.

When exposing in its former communication dated 27th February 1961 the facts and motivations which have made necessary the measures of exception taken by the Government of the Turkish Republic constituted after 27th May 1960, the Permanent Delegation had precised that a new elected Assembly would hold its first meeting in Turkey 31st October 1961 at the latest. The new Parliament constituted following the general elections of 15th October 1961, has in fact held its first meeting on 23 October last, and a Government born from this Assembly and invested of its trust has just taken back the destinies of the country in hand.

In accordance with Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4th November 1950, the Permanent Delegation has the honour to inform the Secretary General of the Council of Europe that the institutions and democratic freedoms have been re-established in Turkey by the taking care of power by a Government regularly invested by a Parliament elected as part of the Constitution of the Turkish Republic, adopted following the referendum of 9th July 1961.
Period covered: 19/12/1961 - 28/05/1963
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 28 May 1963, registered at the Secretariat General on 28 May 1963 – Or. Fr. – and withdrawn by a Note verbale from the Permanent Representation of Turkey, dated 28 July 1964, registered at the Secretariat General on 29 July 1964 – Or. Fr.

On the night of 20th/21st May 1963 an armed insurrection against the democratic order and legitimate Government of the country broke out in Ankara.

After the attempted coup d'Etat, which was immediately crushed by the armed forces of the country, the Council of Ministers met the same day and decided – in accordance with Article 124 of the Constitution – to proclaim a state of siege in Ankara, Istanbul and [Izmir (*)] for one month from 21st May 1963 with a view to restoring peace in the country and to protecting the democratic order.

The decision was approved at a joint meeting of the Senate and National Assembly of the Turkis Republic on 22nd May 1963.

The Turkish Permanent Representative to the Council of Europe will inform the Secretary General of the Council of Europe when these emergency measures have ceased to operate and the provisions of the Convention are again being fully executed.

[Note by the Secretariat: This declaration has been renewed by successive periods of one to two months:
- by a Note verbale from the Permanent Representation of Turkey, dated 25 June 1963, registered at the Secretariat General on 25 June 1963 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 26 August 1963, registered at the Secretariat General on 27 August 1963 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 25 October 1963, registered at the Secretariat General on 28 October 1963 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 26 December 1963, registered at the Secretariat General on 26 December 1963 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 22 February 1964, registered at the Secretariat General on 24 February 1964 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 5 May 1964, registered at the Secretariat General on 6 May 1964 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 30 June 1964, registered at the Secretariat General on 1 July 1964 – Or. Fr.

(*) Martial law declared lifted as of 21 October 1963, by a Note verbale from the Permanent Representation of Turkey, dated 25 October 1963, registered at the Secretariat General on 28 October 1963 – Or. Fr. ]
Period covered: 28/05/1963 - 29/07/1964
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 19 June 1970, registered at the Secretariat General on 19 June 1970 – Or. Fr. – and withdrawn by a Note verbale from the Permanent Representation of Turkey, dated 19 September 1970, registered at the Secretariat General on 29 September 1970 – Or. Fr.

The Turkish Government has, under Article 124 of the Constitution of the Republic, decreed a state of siege for a period of one month as from 16 June 1970 at 19.00 h. GMT, in the department of Istanbul and in the sub-prefecture of Izmit and Gebze (department of Kocaeli).

The state of siege has been proclaimed following demonstrations organised by several groups in certain areas of the abovementioned departments. These movements which have turned into resistance groups against the forces of order and have caused damage to public property, have in certain places been of an insurrection character.

The Grand National Assembly of Turkey approved the decree in question on 17 June 1970.
Period covered: 19/06/1970 - 19/09/1970
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 30 April 1971, registered at the Secretariat General on 4 May 1971 – Or. Fr. – and withdrawn by a Note verbale from the Permanent Representation of Turkey, dated 14 September 1973, registered at the Secretariat General on 17 September 1973 – Or. Fr., completed by a Note verbale from the Permanent Representation of Turkey, dated 27 September 1973, registered at the Secretariat General on 27 September 1973 – Or. Fr.

The Turkish Governmenet has, under Article 124 of the Constitution of the Republic, decreed a state of siege for a period of one month as from 26 April 1971 at 22.00 h. GMT, in the following departments : Istanbul, Kocaeli (3), Sakarya (1), Zonguldak (1), Izmir (2), Eskisehir (2), Ankara, Adana (3), Hatay (3), Diyarbakir (5) and Siirt (4).

The state of siege was proclaimed following the appearance of clear evidence showing that the attitude of certain groups and the anarchical behaviour, noted for some time past, were of such a nature not only as to trouble public opinion and security but in reality represented powerful and active plots against the fundamental order of the State and the territorial integrity of the country.

The Grand National Assembly of Turkey approved the decision of the Government on 28 April 1971.

[Note by the Secretariat : This declaration has been renewed by successive periods of two months:
- by a Note verbale from the Permanent Representation of Turkey, dated 7 June 1971, registered at the Secretariat General on 10 June 1971 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 27 July 1971, registered at the Secretariat General on 28 July 1971 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 27 September 1971, registered at the Secretariat General on 28 September 1971 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 29 November 1971, registered at the Secretariat General on 30 November 1971 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 31 January 1972, registered at the Secretariat General on 31 January 1972 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 30 March 1972, registered at the Secretariat General on 30 March 1972 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 5 June 1972, registered at the Secretariat General on 6 June 1972 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 24 July 1972, registered at the Secretariat General on 26 July 1972 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 28 September 1972, registered at the Secretariat General on 29 September 1972 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 27 November 1972, registered at the Secretariat General on 28 November 1972 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 2 February 1973, registered at the Secretariat General on 5 February 1973 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 28 March 1973, registered at the Secretariat General on 28 March 1973 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 28 May 1973, registered at the Secretariat General on 28 May 1973 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 30 July 1973, registered at the Secretariat General on 31 July 1973 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 31 August 1973, registered at the Secretariat General on 3 September 1973 – Or. Fr.

(1) Martial law declared lifted as of 26 January 1973, by a Note verbale from the Permanent Representation of Turkey, dated 2 February 1973, registered at the Secretariat General on 5 February 1973 – Or. Fr.
(2) Martial law declared lifted as of 26 March 1973, by a Note verbale from the Permanent Representation of Turkey, dated 28 March 1973, registered at the Secretariat General on 28 March 1973 – Or. Fr.
(3) Martial law declared lifted as of 26 May 1973, by a Note verbale from the Permanent Representation of Turkey, dated 28 May 1973, registered at the Secretariat General on 28 May 1973 – Or. Fr.
(4) Martial law declared lifted as of 26 July 1973, by a Note verbale from the Permanent Representation of Turkey, dated 30 July 1973, registered at the Secretariat General on 31 July 1973 – Or. Fr.
(5) Martial law declared lifted as of 26 August 1973, by a Note verbale from the Permanent Representation of Turkey, dated 31 August 1973, registered at the Secretariat General on 3 September 1973 – Or. Fr.]
Period covered: 04/05/1971 - 26/09/1973
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 23 July 1974, registered at the Secretariat General on 24 July 1974 – Or. Engl. – and withdrawn by a Note verbale from the Permanent Representation of Turkey, dated 5 June 1975, registered at the Secretariat General on 6 June 1975 – Or. Engl., completed by a Note verbale from the Permanent Representation of Turkey, dated 12 November 1975, registered at the Secretariat General on 14 November 1975 – Or. Engl.

The Turkish Government has declared martial law for a duration of one month in the provinces of Ankara, Istanbul, Tekirdag (1), Izmir (2), Aydin (1), Mugla (1), Manisa (1), Kirklareli (2), Edirne (2), Çanakkale (2), Balikesir (2), Adana, Içel and Hatay (2), in conformity with Article 124 of the Constitution. The Martial Law took effect as of 20th July 1974 07.00 a.m.

The above decision of the Government has been approved by the Grand National Assembly of Turkey on 20th July 1974 in conformity with Article 20 of the Constitution.

This decision of martial law which was taken due to a situation that may necessitate war, foreseen in paragraph 1 of Article 15 of the European Convention on Human Rights, is communicated hereby in accordance with the third paragraph of the same article of the above-mentioned Convention.

[Note by the Secretariat : This declaration has been renewed by successive periods of one to two months:
- by a Note verbale from the Permanent Representation of Turkey, dated 27 August 1974, registered at the Secretariat General on 27 August 1974 – Or. Engl.
- by a Note verbale from the Permanent Representation of Turkey, dated 26 September 1974, registered at the Secretariat General on 3 october 1974 – Or. Engl.
- by a Note verbale from the Permanent Representation of Turkey, dated 7 November 1974, registered at the Secretariat General on 8 November 1974 – Or. Engl.
- by a Note verbale from the Permanent Representation of Turkey, dated 13 December 1974, registered at the Secretariat General on 16 December 1974 – Or. Engl.
- by a Note verbale from the Permanent Representation of Turkey, dated 6 January 1975, registered at the Secretariat General on 8 January 1975 – Or. Engl.
- by a Note verbale from the Permanent Representation of Turkey, dated 7 February 1975, registered at the Secretariat General on 11 February 1975 – Or. Engl.
- by a Note verbale from the Permanent Representation of Turkey, dated 13 March 1975, registered at the Secretariat General on 14 March 1975 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 1 April 1975, registered at the Secretariat General on 2 April 1975 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 5 May 1975, registered at the Secretariat General on 5 May 1975 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 5 June 1975, registered at the Secretariat General on 6 June 1975 – Or. Fr. – completed by a Note verbale from the Permanent Representation of Turkey, dated 10 July 1975, registered at the Secretariat General on 13 July 1975 – Or. Fr.

(1) Martial law declared lifted as of 27 August 1974, by a Note verbale from the Permanent Representation of Turkey, dated 27 August 1974, registered at the Secretariat General on 27 August 1974 – Or. Fr.
(2) Martial law declared lifted as of 5 November 1974, by a Note verbale from the Permanent Representation of Turkey, dated 7 November 1974, registered at the Secretariat General on 8 November 1974 – Or. Fr.]
Period covered: 24/07/1974 - 05/08/1975
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 27 December 1978, registered at the Secretariat General on 28 December 1978 – Or. Fr.

The Government of the Republic of Turkey has been forced to declare, under Article 124 of the Constitution of the Republic, Martial Law for a period of two months with effect from 26 December 1978 at 05.00 a.m. GMT in the following districts : Adana, Ankara, Elazig, Bingöl, Erzincan (2), Gaziantep, Istanbul, Kahramanmaras, Malatya, Kars, Sivas (1), Urfa and Erzurum.

This decision has been taken following the appearance of clear evidence of widespread acts of serious violence aimed at the destructio of the democratic system and of the fundamental rights and freedoms recognised by the Constitution.

The Grand National Assembly of Turkey approved the Government's decision on the same day.

[Note by the Secretariat: This declaration has been renewed by successive periods of two months:
- by a Note verbale from the Permanent Representation of Turkey, dated 26 February 1979, registered at the Secretariat General on 28 February 1979 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 26 April 1979, registered at the Secretariat General on 26 April 1979 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 25 June 1979, registered at the Secretariat General on 25 June 1979 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 24 August 1979, registered at the Secretariat General on 27 August 1979 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 26 October 1979, registered at the Secretariat General on 29 October 1979 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 21 December 1979, registered at the Secretariat General on 21 December 1979 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 22 February 1980, registered at the Secretariat General on 25 February 1980 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 24 April 1980, registered at the Secretariat General on 25 April 1980 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 20 June 1980, registered at the Secretariat General on 23 June 1980 – Or. Fr.
- by a Note verbale from the Permanent Representation of Turkey, dated 19 August 1980, registered at the Secretariat General on 20 August 1980 – Or. Fr.

(1) Martial law declared lifted as of 26 February 1980, by a Note verbale from the Permanent Representation of Turkey, dated 22 February 1980, registered at the Secretariat General on 25 February 1980 – Or. Fr.
(2) Martial law declared lifted as of 20 April 1980, by a Note verbale from the Permanent Representation of Turkey, dated 24 April 1980, registered at the Secretariat General on 25 April 1980 – Or. Fr.

The martial law decreed in all the sixty-seven districts of Turkey as of 12 September 1980 (See the declaration registered at the Secretariat General on 12 September 1980) revokes de facto this declaration. ]
Period covered: 28/12/1978 - 12/09/1980
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 26 April 1979, registered at the Secretariat General on 26 April 1979 – Or. Fr.

The Grand National Assembly of Turkey approved the Government's decree prolonging, to cover all the contingencies dealt with in Article 124 of the Constitution, the state of the martial law proclaimed in 13 districts on 26 December 1978 and, on the other hand, proclaiming martial law for the same reasons in the districts of Adiyaman, Diyarbakir, Hakkari, Mardin, Siirt and Tunceli, for a period of two months from 05.00 a.m. GMT on 26 April 1979.

[Note by the Secretariat: The martial law decreed in all the sixty-seven districts of Turkey as of 12 September 1980 (See the declaration registered at the Secretariat General on 12 September 1980) revokes de facto this declaration.]
Period covered: 26/04/1979 - 12/09/1980
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 22 February 1980, registered at the Secretariat General on 25 February 1980 – Or. Fr.

On 20 February 1980, the Grand National Assembly of Turkey approved

– on one hand, by its Decision No 588, the Decree of the Council of Ministers of 19 February 1980, proclaiming the martial law to cover all contigencies dealt with in Article 124 of the Constitution, in the districts of Izmir and Hatay, for a period of two months with effect from 20 February 1980 at 06.00 a.m. GMT, and

– on the other hand, by its Decision No 589, the Decree of the Council of Ministers of 19 February 1980 prolonging in accordance with Article 124 of the Constitution, for a period of two months with effect from 26 February 1980 at 05.00 a.m. GMT, and except in the district of Sivas, the martial law proclaimed on 26 December 1978 in thirteen districts, and extended on 26 April 1979 to six other districts, with a view to restoring order and security on the entire terriroty and to pursuing the effective measures taken against all illegal acts.

[Note by the Secretariat: The martial law decreed in all the sixty-seven districts of Turkey as of 12 September 1980 (See the declaration registered at the Secretariat General on 12 September 1980) revokes de facto this declaration.]
Period covered: 25/02/1980 - 12/09/1980
Articles concerned : 15

Derogation contained in a Note verbale from the Permanent Representation of Turkey, dated 24 April 1980, registered at the Secretariat General on 25 April 1980 – Or. Fr.

On 18 April 1980, the Grand National Assembly of Turkey approved the Decree of the Council of Ministers of 17 April 1980

– proclaiming, on one hand, the martial law to cover all the contigencies dealt with in Article 124 of the Constitution, in the district of Agri for a period of two months with effect from 20 April 1980 at 07.00 a.m. GMT, and on the other hand,

– prolonging in accordance with Article 124 of the Constitution, for a period of two months with effect from 20 April 1980 at 07.00 a.m. GMT, and except in the district of Erzincan, the martial law proclaimed in the districts of Adana, Adiyaman, Ankara, Bingöl, Diyarbakir, Elasig, Erzurum, Gaziantep, Hakkâri, Hatay, Istanbul, Izmir, Kahramanmaras, Kars, Malatya, Mardin, Siirt, Tunceli and Urfa.

[Note by the Secretariat: The martial law decreed in all the sixty-seven districts of Turkey as of 12 September 1980 (See the declaration registered at the Secretariat General on 12 September 1980) revokes de facto this declaration.]
Period covered: 25/04/1980 - 12/09/1980
Articles concerned : 15

Derogation contained in two Notes verbales from the Permanent Representation of Turkey, dated 12 September 1980, registered at the Secretariat General on 12 September 1980 – Or. Fr.

The National Security Council has decreed martial law in all the sixty-seven districts of the country as from 12 September 1980 at 3.00 GMT.

The reasons for decreeting martial law in the whole of the territory are : the serious threats to internal peace, the total paralysis of the democratic regime, the situation which was endangering fundamental rights and freedoms in the country.

[Note by the Secretariat: The martial law was lifted, successively:
- with effect as from 19 March 1984 for the districts of: Çanakkale, Kirsehir, Gümüshane, Sinop, Isparta, Kastamonu, Çankiri, Bitlis, Kirklareli, Bilecik, Kütahya, Mus and Burdur, by a Note verbale from the Permanent Representation of Turkey, dated 19 March 1984, registered at the Secretariat General on 23 March 1984 – Or. Fr.
- with effect as from 19 July 1984 for the districts of: Afyon, Amasya, Aydin, Balikesir, Bolu, Çorum, Mugla, Nevsehir, Nigde, Rize, Sakarya, Tekirdag and Yozgat, by a Note verbale from the Permanent Representation of Turkey, dated 5 July 1984, registered at the Secretariat General on 5 July 1984 – Or. Fr.
- with effect as from 19 November 1984 for the districts of: Konya, Kayseri, Manisa, Usak, Giresun, Denizli and Iskisehir, by a Note verbale from the Permanent Representation of Turkey, dated 16 November 1984, registered at the Secretariat General on 19 November 1984 – Or. Fr.
- with effect as from 19 March 1985 for the districts of: Antalya, Bursa, Içel, Kahramanmaras, Kocaeli, Malatya, Samsun, Sivas, Tokat, Trabzon and Zonguldak, by a Note verbale from the Permanent Representation of Turkey, dated 19 March 1985, registered at the Secretariat General on 21 March 1985 – Or. Fr.
- with effect as from 19 July 1985 for the districts of: Ankara, Artvin, Edirne, Erzincan, Izmir and Ordu, by a Note verbale from the Permanent Representation of Turkey, dated 13 June 1985, registered at the Secretariat General on 17 June 1985 – Or. Fr.
- with effect as from 19 November 1985 for the districts of: Adana, Adiyaman, Agri, Erzurum, Gaziantep, Hatay, Istanbul and Kars, by a Note verbale from the Permanent Representation of Turkey, dated 14 November 1985, registered at the Secretariat General on 18 November 1985 – Or. Fr.
- with effect as from 19 March 1986 for the districts of: Bingöl, Elazig, Sanliurfa and Tunceli, by a Note verbale from the Permanent Representation of Turkey, dated 1 April 1986, registered at the Secretariat General on 3 April 1986 – Or. Fr.
- with effect as from 19 March 1987 for the district of Van, by a Note verbale from the Permanent Representation of Turkey, dated 19 March 1987, registered at the Secretariat General on 24 March 1987 – Or. Fr.
- with effect as from 19 July 1987 for the districts of: Diyarbakir, Hakkari, Mardin and Siirt, by a Note verbale from the Permanent Representation of Turkey, dated 25 May 1987, registered at the Secretariat General on 27 May 1987 – Or. Fr.]
Period covered: 12/09/1980 - 19/07/1987
Articles concerned : 15

Declaration transmitted by the Ministry of Foreign Affairs of Turkey and registered at the Secretariat General on 28 January 1987 – Or. Fr.

The Government of Turkey, acting pursuant to Article 25 (1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, hereby declares to accept the competence of the European Commission of Human Rights to receive petitions according to Article 25 of the Convention subject to the following:

(i) the recognition of the right of petition extends only to allegations concerning acts or omissions of public authorities in Turkey performed within the boundaries of the territory to which the Constitution of the Republic of Turkey is applicable ;

(ii) the circumstances and conditions under which Turkey, by virtue of Article 15 of the Convention, derogates from her obligations under the Convention in special circumstances must be interpreted, for the purpose of the competence attributed to the Commission under this declaration, in the light of Articles 119 to 122 of the Turkish Constitution;

(iii) the competence attributed to the Commission under this declaration shall not comprise matters regarding the legal status of military personnel and in particular, the system of discipline in the armed forces ;

(iv) for the purpose of the competence attributed to the Commission under this declaration, the notion of "a democratic society" in paragraphs 2 of Articles 8, 9, 10 and 11 of the Convention must be understood in conformity with the principles laid down in the Turkish Constitution and in particular its Preamble and its Article 13 ;

(v) for the purpose of the competence attributed to the Commission under the present declaration, Articles 33, 52 and 135 of the Constitution must be understood as being in conformity with Article 10 and 11 of the Convention.

This declaration extends to allegations made in respect of facts, including judgments which are based on such facts which have occurred subsequent to the date of deposit of the present declaration. This declaration is valid for three years from the date of deposit with the Secretary General of the Council of Europe.
Period covered: 28/01/1987 - 28/01/1990
Articles concerned : Ex-25

Declaration transmitted by a letter from the Permanent Representative of Turkey, dated 7 March 1990, registered at the Secretariat General on 8 March 1990 – Or. Fr.

The Government of Turkey, acting pursuant to Article 25 (1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, hereby declares to accept the competence of the European Commission of Human Rights to receive petitions according to Article 25 of the Convention on the basis of the following:

(i) the recognition of the right of petition extends only to allegations concerning acts or omissions of public authorities in Turkey performed within the boundaries of the national territory of the Republic of Turkey ;

(ii) the circumstances and conditions under which Turkey, by virtue of Article 15 of the Convention, derogates from her obligations under the Convention in special circumstances must be interpreted, for the purpose of the competence attributed to the Commission under this declaration, in the light of Articles 119 to 122 of the Turkish Constitution ;

(iii) the competence attributed to the Commission under this declaration shall not comprise matters regarding the legal status of military personnel and in particular, the system of discipline in the armed forces ;

(iv) for the purpose of the competence attributed to the Commission under this declaration, Articles 8, 9, 10 and 11 of the Convention shall be interpreted by giving special emphasis to "those legal and factual features which characterize the life of the society" (European Court of Human Rights, Judgement of 23 July 1968, p. 34) in Turkey, as expressed notably by the Turkish Constitution including its Preamble.

This declaration extends to allegations made in respect of facts, including judgments which are based on such facts which have occurred subsequent to 28 January 1987, date of the deposit of the previous declaration by Turkey. This declaration is valid for three years as from January 28, 1990.

[Note by the Secretariat: See the Declaration dated 25 May 1992. ]
Period covered: 28/01/1990 - 25/05/1992
Articles concerned : Ex-25

Declaration transmitted by a letter from the Permanent Representative of Turkey, dated 25 May 1992, registered at the Secretariat General on 26 May 1992 - Or Engl.

The Government of Turkey, acting pursuant to Article 25 (1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, hereby declares to accept the competence of the European Commission of Human Rights, to receive petitions which raise allegations concerning acts or omissions of public authorities in Turkey in as far as they have been performed within the boundaries of the national territory of Turkey.

This declaration extends to allegations made in respect of facts, including judgments which are based on such facts which have occurred subsequent to 28 January 1987, date of deposit of the first Declaration made by Turkey under Article 25 of the Convention. This Declaration replaces the Declaration made with effect of 28 January 1990 and is valid until January 27, 1993.

[Note by the Secretariat: This declaration was renewed for a period of three years by a letter from the Minister for Foreign Affairs of Turkey, dated 22 February 1993, registered at the Secretariat General on 11 August 1993 - Or. Engl./Fr. ]
Period covered: 26/05/1992 - 27/01/1996
Articles concerned : Ex-25

Declaration transmitted by a letter from the Minister for Foreign Affairs of Turkey, dated 21 November 1995, registered at the Secretariat General on 18 December 1995 - Or. Engl.

The Government of Turkey, acting pursuant to Article 25 (1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, hereby declares to accept the competence of the European Commission of Human Rights, to receive petitions which raise allegations concerning acts taken under the jurisdiction of the Republic of Turkey.

This Declaration shall be extended to petitions in relation to anything done or ommitted by a Turkish authority outside the national territory of Turkey, having due regard to local, factual and legal circumstances and provided that the Turkish authority concerned had exercised Turkish jurisdiction only and not jurisdiction shared with or exercised by an international or any other State authority.

In the event that the Commission, when interpretating any of the rights or obligations of the Convention, takes into consideration other international treaties or conventions as a supplementary means of interpretation, the Government of Turkey assumes that due regard will be given to the intrinsic conditions contained in each of these treaties or conventions with respect to the delimitation of the relevant substantive and territorial scope of the application.

This Declaration extends to petitions made in respect of facts, including judgments based on such facts which have occurred subsequent to January 28, 1987. Any petition previously registered by the Commission in reliance on the previous Declaration made by Turkey pursuant to Article 25 shall be deemed to have been made on the basis of the present Declaration.

This Declaration, replacing that of January 28, 1987, is valid until January 31, 1998 and may be renewed.

[Note by the Secretariat: This declaration was renewed until the entry into force, on 1 November 1998, of Protocol No. 11 to the Convention by a Declaration contained in a letter from the Permanent Representative of Turkey, dated 21 January 1998, registered at the Secretariat General on 23 January 1998 - Or. Fr. ]
Period covered: 28/01/1996 - 31/10/1998
Articles concerned : Ex-25

Declaration from the Minister for Foreign Affairs of Turkey, dated 26 December 1989, registered at the Secretariat General on 22 January 1990 – Or. Fr.

The Governement of the Republic of Turkey acting in accordance with Article 46 of the European Convention for the Protection of Human Rights and Fundamental Freedoms [see Article 34 of the Convention since the entry into force of Protocol No. 11], hereby recognizes as compulsory ipso facto and without special agreement the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and application of the Convention which relate to the exercise of jurisdiction within the meaning of Article 1 of the Convention, performed within the boundaries of the national territory of the Republic of Turkey, and provided further that such matters have previously been examined by the Commission within the power conferred upon it by Turkey.

This Declaration is made on condition of reciprocity, including reciprocity of obligations assumed under the Convention. It is valid for a period of 3 years as from the date of its deposit and extends to matters raised in respect of facts, including judgments which are based on such facts which have occurred subsequent to the date of deposit of the present Declaration.

[Note by the Secretariat: This declaration was renewed for a period of three years by a letter from the Minister for Foreign Affairs of Turkey, dated 29 January 1993, registered at the Secretariat General on 24 February 1993.]
Period covered: 22/01/1990 - 21/01/1996
Articles concerned : Ex-46

Declaration from the Minister for Foreign Affairs of Turkey, dated 21 November 1995, registered at the Secretariat General on 18 December 1995 - Or Engl.

The Government of the Republic of Turkey, acting pursuant to Article 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms [see Article 34 of the Convention since the entry into force of Protocol No. 11], hereby recognizes as compulsory ipso facto and without special agreement the jurisdiction of the European Court of Human Rights in all matters concerning the interpretation and the application of the Convention.

This Declaration shall be extended to acts of jurisdiction exercised by a Turkish authority outside the national territory of Turkey, having due regard to local, factual and legal circumstances and provided that the Turkish authority concerned had exercised Turkish jurisdiction only and not jurisdiction shared with, or exercised by an international or any other state authority.

In the event that the Court, when interpretating any of the rights or obligations of the Convention, takes into consideration other international treaties or conventions as a supplementary means of interpretation, the Government of Turkey assumes that due regard will be given to the intrinsic conditions contained in each of these treaties or conventions with respect to the delimitation of the relevant substantive and territorial scope of the application.

This Declaration is made on condition of reciprocity including reciprocity of obligations assumed under the Convention. It extends to all matters raised in respect of facts, including judgments which are based on such facts which have occurred subsequent to January 22, 1990.

Any case pending before the Commission at the time of effectiveness of this Declaration and filed pursuant to the former Declaration made by Turkey pursuant to Article 25 shall be deemed to have been made on the basis of the present Declaration.

This Declaration, replacing that of January 22, 1990, is valid until January 31, 1998 and may be renewed.

[Note by the Secretariat: This declaration was renewed until the entry into force, on 1 November 1998, of Protocol No. 11 to the Convention by a Declaration contained in a letter from the Permanent Representative of Turkey, dated 21 January 1998, registered at the Secretariat General on 23 January 1998 - Or. Fr. ]
Period covered: 22/01/1996 - 31/10/1998
Articles concerned : Ex-46

Declaration contained in a letter from the Permanent Representative of Turkey, dated 21 July 2016, registered at the Secretariat General on 21 July 2016 - Or. Engl.

I communicate the following notice of the Government of the Republic of Turkey.

On 15 July 2016, a large-scale coup attempt was staged in the Republic of Turkey to overthrow the democratically-elected government and the constitutional order. This despicable attempt was foiled by the Turkish state and people acting in unity and solidarity. The coup attempt and its aftermath together with other terrorist acts have posed severe dangers to public security and order, amounting to a threat to the life of the nation in the meaning of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Republic of Turkey is taking the required measures as prescribed by law, in line with the national legislation and its international obligations. In this context, on 20 July 2016, the Government of the Republic of Turkey declared a State of Emergency for a duration of three months, in accordance with the Constitution (Article 120) and the Law No. 2935 on State of Emergency (Article 3/1b). The English translation of relevant articles of the Turkish Constitution and the Law No. 2935 on State of Emergency, as well as the decision No. 2016-9064 of the Council of Ministers, are attached to this letter.

The decision was published in the Official Gazette and approved by the Turkish Grand National Assembly on 21 July 2016. Thus, the State of Emergency takes effect as from this date. In this process, measures taken may involve derogation from the obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms, permissible in Article 15 of the Convention.

I would therefore underline that this letter constitutes information for the purposes of Article 15 of the Convention. The Government of the Republic of Turkey shall keep you, Secretary General, fully informed of the measures taken to this effect. The Government shall inform you when the measures have ceased to operate.

CONSTITUTION OF THE REPUBLIC OF TURKEY (EXTRACTS)
Articles 15, 119, 120 and 121 of the Constitution of the Republic of Turkey
IV. Suspension of the exercise of fundamental rights and freedoms
ARTICLE 15
- In times of war, mobilization, martial law, or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended, or measures derogating the guarantees embodied in the Constitution may be taken to the extent required by the exigencies of the situation, as long as obligations under international law are not violated.
(As amended on May 7, 2004; Act No. 5170) Even under the circumstances indicated in the first paragraph, the individual’s right to life, the integrity of his/her corporeal and spiritual existence shall be inviolable except where death occurs through acts in conformity with law of war; no one shall be compelled to reveal his/her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling.

III. Extraordinary administration procedures
A. States of emergency
1. Declaration of state of emergency because of natural disaster or serious economic crisis
ARTICLE 119
- In the event of natural disaster, dangerous epidemic diseases or a serious economic crisis, the Council of Ministers meeting under the chairpersonship of the President of the Republic may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.

2. Declaration of state of emergency because of widespread acts of violence and serious deterioration of public order
ARTICLE 120
- In the event of serious indications of widespread acts of violence aimed at the destruction of the free democratic order established by the Constitution or of fundamental rights and freedoms, or serious deterioration of public order because of acts of violence, the Council of Ministers, meeting under the chairpersonship of the President of the Republic, after consultation with the National Security Council, may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.

3. Rules regarding the states of emergency
ARTICLE 121
- In the event of a declaration of a state of emergency under the provisions of Articles 119 and 120 of the Constitution, this decision shall be published in the Official Gazette and shall be immediately submitted to the Grand National Assembly of Turkey for approval. If the Grand National Assembly of Turkey is in recess, it shall be immediately assembled. The Assembly may alter the duration of the state of emergency, may extend the period for a maximum of four months each time at the request of the Council of Ministers, or may lift the state of emergency.
The financial, material and labour obligations which are to be imposed on citizens in the event of the declaration of state of emergency under Article 119 and the manner how fundamental rights and freedoms shall be restricted or suspended in line with the principles of Article 15, how and by what means the measures necessitated by the situation shall be taken, what sorts of powers shall be conferred on public servants, what kinds of changes shall be made in the status of officials as long as they are applicable to each kinds of states of emergency separately, and the extraordinary administration procedures, shall be regulated by the Act on State of Emergency.
During the state of emergency, the Council of Ministers, meeting under the chairpersonship of the President of the Republic, may issue decrees having the force of law on matters necessitated by the state of emergency. These decrees shall be published in the Official Gazette, and shall be submitted to the Grand National Assembly of Turkey on the same day for approval; the time limit and procedure for their approval by the Assembly shall be indicated in the Rules of Procedure.

LAW No. 2935 OF 25 OCTOBER 1983 ON STATE OF EMERGENCY
Article 3 – Declaration of State of Emergency
The Council of Ministers assembled under the chairmanship of the President shall declare a state of emergency;
(a) Whenever there is in existence one or more natural disasters, dangerous epidemic diseases or serious economic crisis;
(b) whenever there appear serious indications resulting from widespread acts of violent which are aimed at destroying the free democratic order or fundamental rights and freedoms, or violent acts causing serious deterioration to public order, after consultation with the National Security Council,
in one or more regions or throughout the country for a period not exceeding six months.

The state of emergency decision shall be published in the Official Gazette and immediately be submitted for approval of the Turkish Grand National Assembly. If the Turkish Grand National Assembly is in recess, it shall be summoned to meet immediately. The Assembly may amend the duration of the state of emergency. On a request from the Council of Ministers, the Assembly may prolong the duration each time for a period not exceeding four months, or it may terminate the state of emergency.
The Council of Ministers after declaring a state of emergency in accordance with provision (b) above, shall also consult the National Security Council before making a decision on questions related to the prolongation of the duration, alternation of the scope, or the termination of the state of emergency.
The reasons for the decision to declare a state of emergency, its duration and scope shall be broadcasted on Turkish radio and television and, if the Council of Ministers deems it necessary, also disseminated through other media.

COUNCIL OF MINISTERS’ DECISION No. 2016-9064
Decision no: 2016/9064
It has been decided on 20 July 2016 by the Council of Ministers that; pursuant to Article 120 of the Constitution and Article 3 § 1 (b) of the Law on the State of Emergency (Law no. 2935), a nationwide state of emergency be declared from Thursday, July 21, 2016 01:00 for a period of ninety days, taking into account the recommendation dated 20 July 2016, no. 498 of the National Security Council.
Recep Tayyip ERDOĞAN
President
Period covered: 21/07/2016 -
Articles concerned : 15

Communication from the Permanent Representation of Turkey, registered at the Secretariat General on 24 July 2016 - Or. Engl.

With reference to the Declaration made on 21 July 2016 by the Republic of Turkey pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Permanent Representation of Turkey to the Council of Europe transmits the following Joint Declaration by the Grand National Assembly of Turkey as well as two information notes, for consideration and circulation by the Secretary General to the member States.

- Joint Declaration by the Grand National Assembly of Turkey.
- State of Emergency declared in Turkey following the coup attempt on 15 July 2016.
- Information on the terrorist attempt on 15 July 2016 and the investigations conducted against the judges and public prosecutors.
Period covered: 24/07/2016 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 28 July 2016 - Or. Engl.

Pursuant to my letter dated 21 July 2016 whereby I communicated the notice of derogation of the Government of the Republic of Turkey in respect of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting in annex the English translation of the Decree with Force of Law No. 667, dated 22 July 2016, on the measures to be taken under the state of emergency.

I reiterate the commitment of my Government to its obligations as prescribed in Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The measures taken under the state of emergency are subject to judicial review as well as monitoring by the Parliament.

Decree With Force of Law No. 667 (PDF version).
Period covered: 28/07/2016 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 2 August 2016 - Or. Engl.

I wish to refer to my letters dated 21 July 2016 and 28 July 2016 and attach herewith the English translation of the Decree with Force of Law No. 668, dated 27 July 2016, on the measures to be taken under the state of emergency.

I would like to underline that this letter constitutes information for the purposes of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

I reiterate the commitment of my Government to its obligations as prescribed in Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The measures taken under the state of emergency are subject to judicial review as well as monitoring by the Parliament.

Decree With Force of Law No. 668 (PDF version).
Period covered: 02/08/2016 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 5 August 2016 - Or. Engl.

In reference to my previous letters dated 21 July 2016, 28 July 2016 and 2 August 2016, and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting at annex the English translation of the relevant parts of the Decree with Force of Law No. 669, dated 31 July 2016, on the measures to be taken under the state of emergency. I am also attaching a brief information note on the Decree.

I reiterate the commitment of my Government to its obligations as prescribed in Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The measures taken under the state of emergency are subject to judicial review as well as monitoring by the Parliament.

Decree With Force of Law No. 669 (PDF version)
Information note on Decree No. 669 (PDF version)
Period covered: 05/06/2016 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 29 August 2016 - Or. Engl.

In reference to my previous letters dated 21 July 2016, 28 July 2016, 2 August 2016 and 5 August 2016, and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting at annex the English translation of the relevant parts of the Decrees with Force of Law Nos. 670 and 671, dated 17 August 2016, on measures to be taken under the state of emergency. I am also attaching brief information notes on the Decrees.

. Decree With Force of Law No. 670 (PDF version) - Information notes on Decree No. 670 (PDF version),
. Decree With Force of Law No. 671 (PDF version) - Information notes on Decree No. 671 (PDF version).
Period covered: 29/08/2016 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 12 September 2016 - Or. Engl.

In reference to my previous letters dated 21 July 2016, 28 July 2016, 2 August 2016, 5 August 2016 and 29 August 2016, and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting at annex the English translation of the relevant parts of the Decrees with Force of Law Nos. 672, 673 and 674, dated 1 September 2016, on the measures to be taken under the state of emergency. I am also attaching brief information notes on the Decrees.

. Decree With Force of Law No. 672 (PDF version) - Information notes on Decree No. 672 (PDF version),
. Decree With Force of Law No. 673 (PDF version) - Information notes on Decree No. 673 (PDF version),
. Decree With Force of Law No. 674 (PDF version) - Information notes on Decree No. 674 (PDF version).
Period covered: 12/09/2016 -
Articles concerned : 15

Declaration transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 17 October 2016 - Or. Engl.

In reference to my letter dated 21 July 2016, communicating the notice of derogation by the Government of the Republic of Turkey under Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am now transmitting at annex the English translation of the Decision No. 1130, dated 11 October 2016, approved by the Turkish Grand National Assembly on the same date. The Decision extends the State of Emergency for a period of three months, starting from Wednesday, 19 October 2016 01:00 hours.

DECISION RELATING TO THE EXTENSION OF THE STATE OF EMERGENCY
Decision No. 1130
Date of Decision: 11 October 2016

The decision taken on 5 October 2016 by the Council of Ministers that the state of emergency currently in force nationwide pursuant to Article 120 of the Constitution and Article 3 § 1 (b) of the Law on the State of Emergency (Law no. 2935) shall be extended for a period of three months, starting from Wednesday, October 19, 2016, 01:00, has been approved at the plenary session of the Turkish Grand National Assembly, session 5 on 11 October 2016.
Period covered: 17/10/2016 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 16 November 2016 - Or. Engl.

In reference to my previous letters dated 21 July 2016, 28 July 2016, 2 August 2016, 5 August 2016, 29 August 2016, 12 September 2016 as well as 17 October 2016, and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting at annex the French translation of the relevant parts of the Decrees with Force of Law Nos. 675 and 676, dated 29 October 2016, on the measures to be taken under the state of emergency. I am also attaching brief information notes on the Decrees.

Décret ayant force de Loi n° 675 ( PDF version, French only )
Note d’information sur le Décret n° 675 ( PDF version, French only )
Décret ayant force de Loi n° 676 ( PDF version, French only )
Note d’information sur le Décret n° 676 ( PDF version, French only )
Period covered: 16/11/2016 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 16 December 2016 - Or. Engl.

In reference to my previous letters dated 21 July 2016, 28 July 2016, 2 August 2016, 5 August 2016, 29 August 2016, 12 September 2016, 17 October 2016 and 16 November 2016, and pursuant to Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting at annex the English translation of the relevant parts of the Decrees with Force of Law Nos. 677 and 678, dated 22 November 2016, on the measures to be taken under the state of emergency. I am also attaching brief information notes on the Decrees.

Decree with Force of Law n° 677 (PDF version)
Information note on Decree n° 677 ( PDF version )
Decree with Force of Law n° 678 (PDF version)
Information note on Decree n° 678 (PDF version)
Period covered: 16/12/2016 -
Articles concerned : 15

Déclaration transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 5 January 2017 - Or. Engl.

In reference to my letter dated 21 July 2016, communicating the notice of derogation by the Government of the Republic of Turkey under Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am now transmitting at annex the English translation of the Decision No. 1134, dated 3 January 2017, approved by the Turkish Grand National Assembly on the same date. The Decision extends the State of Emergency for a period of three months, starting from Thursday, 19 January 2017 01:00 hours.

DECISION RELATING TO THE EXTENSION OF THE STATE OF EMERGENCY
Date of Decision: 3 January 2017

The decision taken on 3 January 2017 by the Council of Ministers that; the state of emergency currently in force nationwide pursuant to Article 120 of the Constitution and Article 3 § 1 (b) of the Law on the State of Emergency (Law no. 2935) shall be extended for a period of three months, starting from Thursday, January 19, 2017, 01:00, has been approved at the plenary session of the Turkish Grand National Assembly, Session No. 49 on 3 January 2017.
Period covered: 05/01/2017 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 31 January 2017 - Or. Engl.

Pursuant to my first letter dated 21 July 2016 and the last letter dated 5 January 2017 for the purposes of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting at annex the English translation of the Decrees with Force of Law Nos. 679 and 680 dated 6 January 2017 on the measures to be taken under the state of emergency as well as Decree No. 685 dated 23 January 2017 on the establishment of a commission. I am also attaching information notes on Decrees 679 and 680 as well as a brief information note with regard to the Decree No. 681 dated 6 January 2017.

Decree with Force of Law n° 679 (PDF version),
Information note on Decree n° 679 (PDF version),
Decree with Force of Law n° 680 (PDF version),
Information note on Decree n° 680 (PDF version),
Information note on Decree n° 681 (PDF version),
Decree-Law n° 685 (PDF version).
Period covered: 31/01/2017 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 6 March 2017 - Or. Engl.

Pursuant to my first letter dated 21 July 2016 and the last letter dated 31 January 2017 for the purposes of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting at annex translation of the Decrees with Force of Law Nos. 682, 683, 684, 686 and 687 on the measures to be taken under the state of emergency. I am also attaching information notes on the above mentioned Decrees.

Decree with Force of Law No.682 (PDF version)
Information note on Decree No.682 (PDF version)
Decree with Force of Law No.683 (PDF version)
Information note on Decree No.683 (PDF version)
Decree with Force of Law No.684 (PDF version)
Information note on Decree No.684 (PDF version)
Décrets ayant force de Loi nos 686 et 687 (PDF version - French only)
Notes d’information sur Décrets nos 686 and 687 (PDF version - French only)
Period covered: 06/03/2017 -
Articles concerned : 15

Declaration transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 20 April 2017 - Or. Engl.

In reference to my letter dated 21 July 2016, communicating the notice of derogation by the Government of the Republic of Turkey under Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am now transmitting at annex the English translation of the Decision No. 1139, approved by the Turkish Grand National Assembly on 18 April 2017. The Decision extends the State of Emergency for a period of three months, starting from Wednesday, 19 April 2017, 01:00 hours.

DECISION RELATING TO THE EXTENSION OF THE STATE OF EMERGENCY

Decision No. 1139
Date of Decision: 18 April 2017

The decision taken on 17 April 2017 by the Council of Ministers that the state of emergency currently in force nationwide pursuant to Article 120 of the Constitution and Article 3 § 1 (b) of the Law on the State of Emergency (Law no. 2935) shall be extended for a period of three months, starting from Wednesday, 19 April 2017, 01:00, has been approved at the plenary session of the Turkish Grand National Assembly, session No. 84 on 18 April 2017.
Period covered: 20/04/2017 -
Articles concerned : 15

Communication contained in a letter from the Permanent Representative of Turkey, dated 24 May 2017, registered at the Secretariat General on 24 May 2017 - Or. Engl.

Pursuant to my letter dated 31 January 2017 whereby I conveyed information with regard to Decree Law No. 685 dated 23 January 2017 on the establishment of the Inquiry Commission on the State of Emergency Measures (the Commission), I would like to provide an update as the members of the Commission were appointed on 16 May 2017 and the Commission commenced functioning on 22 May 2017. I am transmitting at annex an information note on the Commission.

I would underline that this letter constitutes information for the purposes of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Information note concerning the Inquiry Commission on the State of Emergency Measures established by the Decree Naw No. 685 dated 23 January 2017 and amended by the Decree Law No. 690 dated 29 April 2017.
Period covered: 24/05/2017 -
Articles concerned : 15

Communication transmitted by the Permanent Representative of Turkey and registered by the Secretariat General on 23 June 2017 - Or. Engl.

Pursuant to my first letter dated 21 July 2016 for the purposes of Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am transmitting at annex the translation of the Decree with Force of Law No. 690 dated 29 April 2017 on the measures under the state of emergency. I am also attaching an information note on the above-mentioned Decree.

Decree with Force of Law No.690 (anglais uniquement)
Information note on Decree No.690 ( anglais uniquement)

Period covered: 23/06/2017 -
Articles concerned : 15

Declaration transmitted by the Permanent Representative of Turkey and registered at the Secretariat General on 19 July 2017 - Or. ENgl.

In reference to my letter dated 21 July 2016, communicating the notice of derogation by the Government of the Republic of Turkey under Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am now transmitting at annex the English translation of the Decision No. 1154, approved by the Turkish Grand National Assembly on 17 July 2017. The Decision extends the state of emergency for a period of three months, starting from Wednesday, 19 July 2017, 01:00 hours.

DECISION RELATING TO THE EXTENSION OF THE STATE OF EMERGENCY

Decision No. 1154
Date of Decision: 17 July 2017

The decision taken on 17 July 2017 by the Council of Ministers that the state of emergency currently in force nationwide pursuant to Article 120 of the Constitution and Article 3 § 1 (b) of the Law on the State of Emergency (Law no. 2935) shall be extended for a period of three months, starting from Wednesday, 19 July 2017, 01:00, has been approved at the plenary session of the Turkish Grand National Assembly, Session No. 112 on 17 July 2017.
Period covered: 19/07/2017 -
Articles concerned : 15

Declaration contained in a letter from the Permanent Representative of Turkey, dated 19 October 2017, registered at the Secretariat General on 19 October 2017 - Or. Engl.

In reference to my letter dated 21 July 2016, communicating the notice of derogation by the Government of the Republic of Turkey under Article 15 of the Convention for the Protection of Human Rights and Fundamental Freedoms, I am now transmitting at annex the English translation of the Decision No. 1165, approved by the Turkish Grand National Assembly on 17 October 2017. The Decision extends the state of emergency for a period of three months, starting from Thursday, 19 October 2017, 01:00 hours.

DECISION RELATING TO THE EXTENSION OF THE STATE OF EMERGENCY

Decision No. 1165
Date of Decision: 17 October 2017

The decision taken on 16 October 2017 by the Council of Ministers that the state of emergency currently in force nationwide pursuant to Article 120 of the Constitution and Article 3 § 1 (b) of the Law on the State of Emergency (Law no. 2935) shall be extended for a period of three months, starting from Thrusday, 19 October 2017, 01:00, has been approved at the plenary session of the Turkish Grand National Assembly, Session No. 9 on 17 October 2017.
Period covered: 19/10/2017 -
Articles concerned : 15


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