State of Emergency (OHAL) and Working Life
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State of Emergency (OHAL) and Working Life Report by DISK
“Now, on the basis of OHAL we instantly intervene in any place where there is threat of strike. We say no, we don’t let any strike happen here.”
From the speech delivered by Turkish President and leader of the Justice and Development Party (AKP) during the meeting organized by YASED, International Investors Association on 12 July 2017.
“So some will rise again and again to engage in a strike… Pardon me, but there will be no such thing…”
From the speech delivered by Turkish President and leader of the Justice and Development Party (AKP) during the 24th General Assembly Meeting of MÜSİAD on 7 June 2017
“ Nobody says all who were dismissed from the public sector are guilty. This is an administrative disposition. There is general perception that all who are subject to such disposition are guilty. This is utterly wrong.”
Bekir Bozdağ, Minister of Justice, speaking to CNNTURK on 22 February 2017.
“Some say there are so many people left jobless, what about these people? Let them go and work in the private sector, why should we bother? Is the State supposed to feed them?”
From the speech delivered by Turkish President and leader of the Justice and Development Party (AKP) during the panel discussion “July 15th and Human Rights” organized by the Ankara Chamber of Commerce on 14 July 2016.
20 July 2017, İstanbul A MINIMAL ACCOUNT OF OHAL (STATE OF EMERGENCY)
LEGISLATIVE ARRANGEMENTS Number of Law Decrees (KHK) 26 Number of Laws Amended through KHKs 107 JUDICIAL AND ADMINISTRATIVE DISPOSITIONS Persons Subject to Judicial Proceeding 169,013 Arrested 50,510 Released 43,404 Conditional Release Subject to Judicial Control 48,439 Number of Journalists Arrested 157 Number of National Assembly Deputies Arrested 12 Municipalities with Appointed Trustees 82 Number of Mayors Arrested 85 DISMISSED AND LEFT UNEMPLOYED Expelled from Public Service 112,863 Academics Expelled from Universities 5,602 Workers in Private Education Institutions with Cancelled Work Permits 22,474 Number of Workers Employed by Companies and Enterprises Transferred to 44,888 the TMSF (Savings Deposit Insurance Fund) Journalists Left Jobless (estimated) 2,308 Acts of Suicide Associated with OHAL Land KHKs 36 TRADE UNION RIGHTS Trade Unions and Confederations Closed Down 19 Strikes Suspended 5 Workers Affected by Suspended Strikes 23,874 INSTITUTIONS AND ORGANIZATIONS CLOSED DOWN AND TRANSFERRED Institutions and Agencies Closed Down 2,433 TV-Radio Channels and Newspapers Closed Down 147 Companies and Commercial Enterprises Transferred to TMSF 879 Associations and Foundations Closed Down 1,129
Sources: Information, data, statements and reports from the Official Gazette, TMSF, Ministry of Justice, Ministry of National Education, CHP, KESK, TGS, TGC, DİSK Basın-İş and İHOP. Information compiled by CHP Deputies Şenal Sarıhan and Veli Ağbaba, and from open sources (newspapers, TV, Internet, social media). These are mostly dated 17 July 2017. While some information and data belong to the earlier period, figures appearing in the table should be considered as minimum.
Note: The table contains only violations that could be quantified and for which there is available data. You can find detailed information on other violations that could not be quantified in the succeeding parts of the report. OHAL and RULE OF LAW
The OHAL has just completed its first year. The account of this year shows that practices under the OHAL have diverted from the purpose originally declared by the government, gone beyond constitutional confines, and even turned into a regime of oppression suspending the constitution itself. It is crucial that the struggle that must be waged against the coup and putschists follows a line in compliance with the rule of law. Otherwise the constitution and the rule of law that the coup attempted to do away with are exactly done so in the name of combating coups.
The present report addresses the OHAL practice of one year particularly with its consequences related to working life and the right to work. Following a brief account of OHAL practice, the report will go in detail on the negative effects of OHAL on the right to work and rights of workers.
JULY 15TH COUP ATTEMPT and OHAL “COUP”
On 15 July 2016 country witnessed a bloody coup attempt. In this bloodiest event in the history of the republic 250 citizens were killed and thousands were wounded by putschists. It is commonly known that this attempt was made by what is called the “Fethullah Terrorist Organization” and its “Parallel State Structure” (PDY) which had organized within the state illegally for years and tolerated as such. The attempt was against democracy and the rule of law. Putchists bombed various state institutions including the Grand National Assembly (TGNA) building and opened fire on citizens.
Following the coup attempt of July 15th, on 20 July 2016 the Council of Ministers decided to declare State of Emergency (OHAL) for a period of 90 days on the basis of the Constitutional article no. 120 and indent (b) of Article 3 in the State of Emergency Law. This decision taken by the Council of Ministers was endorsed by the TGNA on 21 July 2016 with its decision no. 1116. After successive extensions of 90 days, the OHAL completed its first year on 21 July 2017. After the military coup of 12 September 1980 for the first time OHAL was declared in the country as a whole and democracy was considerably suspended.
July 15th coup Attempt, OHAL and Stance of DİSK
The DİSK (Confederation of Progressive Trade Unions of Turkey) stood against the coup from the very first day, condemned the attempt, and firmly defended democracy and constitutional state against it. The Governing Body strongly protested the coup attempt in its statement on 16 July 2016, saying:
“As a workers’ organization suffered so much from coups and oppressive regimes, had its activities stopped, and leaders tried for capital punishment, the DİSK is fully aware of harms of coups to democracy and workers’ rights, and stands firmly against all kinds of military and civil coups intending to do away with democracy and freedoms.” As the leading victim of the military coup of 12 September 1980 in the field of trade union activity, the Confederation of Progressive Trade Unions of Turkey held that the leaders of the coup should be brought before justice and punished. Trial of putschists, revealing of the “political leg” of the attempt, and dissolution of the parallel structure within the State are all crucial for maintaining democracy and the rule of law.
The following opinion was shared with public in relation to the coup attempt during a pr7ess conference held at the headquarters of DİSK on 22 July 2016:
“As the Confederation of Progressive Trade Unions of Turkey we once more renounce the military coup attempt of July 15th. Our grief is big and our stance against coups is unquestionable. This attempt leading to the death of hundreds of citizens and wounding of thousands was against democracy and freedoms. The DİSK is against all coups interrupting democracy whether successful or not. All must have respect for citizens’ will and plurality which are indispensable in a parliamentary democracy.”
The DİSK also criticized the declaration of OHAL bypassing the TGNA in the name of combating coups and putschists. What the DİSK had said a year ago in relation to OHAL is confirmed today. The DİSK said, on 22 July 2016, the following in relation to OHAL:
“As citizens of this country we are against the usurpation of our rights and freedoms under the pretext of coup as we are against putschists. The antidote of military dictatorship is not State of Emergency practices that phase out the TGNA and suspend the exercise of democratic rights. Democracy is the antidote of attempts to limitary dictatorship. Democratization of the country is the best response to coups.
“ Introducing State of Emergency following a coup attempt intending to suspend democracy will solve no problem in the country. To the contrary, OHAL will eventually bring along a form of governing actually imposed by putschists.
“ In this difficult and critical period Turkey is passing through no one should put himself in place of people’s will. Phasing out of the TGNA that the coup had bombed by OHAL measures is actually the denial of the universal values of democracy and serves to the intentions of putschists.”
From the very beginning, the DİSK argued for the lifting of OHAL, and for combating putschists and FETÖ/PDY that putschists are said to be associated with by letting then TGNA work and in compliance with the rules of the state of law.
The court trial and punishment of putschists, and not letting them go unpunished like the leaders of the coup of 12 September 1980 is of great importance. Those who were recruited to public service not on the basis of merit but their adherence to a religious sect and who are involved in crime by following their sect’s orders instead of complying with public law should be removed from office. However, this process should be in line with law, the principle of individual criminal responsibility, avoiding any motive of revenge and arbitrariness. The struggle against putschists and the parallel structure trying to seize the State should not be the pretext of building a new state of lawlessness but an opportunity and means to re-establish the state of law. Unfortunately, the one-year account of OHAL has not been in this direction. OHAL IS ABUSED AND CONSTITUTION IS VIOLATED
The state of emergency is an extraordinary regime of law defined and delineated in the Constitution. Its very name suggests the existence of an unusual situation; but it is not and cannot be an arbitrary regime whose boundaries are uncertain. It must be stressed first of all that the OHAL regime is a unique state which has its constitutional and legal limits. There are constitutional and international rules that must be observed even under OHAL. The last year’s practices, however, show that we are now facing a regime without any constitutional limits or any judicial scrutiny. The Government pays no heed to Constitutional limits put to OHAL and rules with KHKs which are actually decrees in force of constitution. The OHAL, as suggested by its very name is an extraordinary and temporary regime subject to constitutional limitations. This means that these limitations cannot be determined arbitrarily by political power.
The OHAL is declared on the basis of the Constitutional article no. 120 and indent (b) of Article 3 in the State of Emergency Law. Article 120 in the Constitution reads:
“ 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 chairmanship 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.”
According to indent (b) of article 3 of the State of Emergency Law, the Government may declare state of emergency in case
“…there appear serious indications resulting from widespread acts of violence 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.”
It is clear from above that the OHAL was declared following the coup attempt and for this reason in particular. It is important to be clear about the rationale of OHAL. It is because “extraordinary” measures to be adopted during this state must be in line with and proportional to its rationale. Indeed it is stated in Article 121 of the Constitution that “During the state of emergency, the Council of Ministers meeting under the chairmanship of the President of the Republic, may issue decrees having the force of law on matters necessitated by the state of emergency.” This Article defines the limits of the authority to issue decrees in force of law. And these limits are set by the necessities of the state of emergency.
OHAL Practices Go Beyond the Boundaries of Law
Following the coup attempt it is possible to resort to “extraordinary” measures as necessitated by the state of affairs. But it must not be forgotten that these measures too are limited by law. While all political parties adopt a common stance against the coup, there was no need to bypass the parliament and declare state of emergency. The parliament, bombed by putschists, could be made working more effectively. The Government, however, preferred OHAL. The OHAL is subject to limitations put by the Constitution and the European Convention on Human Rights (ECHR). According to Article 15 of the Constitution, in extraordinary situations the exercise of fundamental rights and freedoms can be partially or entirely suspended, or measures may be taken, to the extent required by the exigencies of the situation, which derogate the guarantees embodied in the Constitution, provided that obligations under international law are not violated. Even in such situations, however, individual’s right to life and his/her integrity has to remain intact; nobody can be forced to express his/her religion, conscience, ideas and opinions and cannot be accused on such grounds; deeds and penalties remain non-retroactive; and all are considered innocent until guilt is proven.
The Council of Ministers is authorized to introduce arrangements on the basis of KHK in areas where the state of emergency deems necessary. It is, however, limited by the Constitutional Article 15 and specific issues directly associated with the rationale of the state of emergency. Further, KHKs must be specific and proportional to what the state of emergency can allow for. And of course these acts of suspension and stopping must have temporary character.
Similar provisions are also provided by article 15 in the ECHR. According to this Article, measures can be taken to the extent strictly required by the exigencies of the situation. The ECHR excludes measures, even in emergencies, that are contrary to bans on torture, slavery and servitude as well as others running contrary to the principle of lawfulness in crime and punishment. These provisions cannot be suspended. Measures for suspending fully or partly the exercise of fundamental rights and freedoms cannot be absolute and limitless. The Constitution of 1982 is already lame with provisions that may lead to arbitrary measures in relation to OHAL. These include leaving OHAL related KHKs out of the scrutiny of the Constitutional Court and impossibility of deciding for stay of execution in OHAL related court cases. Furthermore, the KHK no. 667 issued under OHAL keeps those taking decisions and making dispositions on the basis of OHAL immune from legal, administrative, financial and penal responsibility. This provision opens the gate for serious infringements and acts out of law.
KHKs Turn into Decrees with Force of Constitution
The Turkish Grand National Assembly (TGNA) was one of the leading targets of forces attempting coup. The building was bombed over and over while there were deputies in and seriously damaged. What is sad, however, is that the TGNA was left without any function after the suppression of the coup. The coup would have certainly dissolved the parliament had it been successful. Yet, the TGNA was later pushed into a passive and ineffective position in spite of the fact that all political parties stood firmly against the coup, resisted in the building under bombing, and stated their position with a joint declaration.
The government chose to declare OHAL instead of suppressing the coup by mobilizing the parliament. Following OHAL, the legislative function of the TGNA was largely curtailed. The Government found it easier to resort to KHKs instead of making the legislative body function accordingly. The Government is abusing the authority to issue KHKs by going beyond constitutional limits and usurps the will of the TGNA. There are 26 KHKs issued in the first year of the OHAL. Only four of these KHKs took effect as a law after being discussed in the TGNA. The Government acts slow in this process.
While some KHKs are used to dismiss public servants, others introduce amendments to various pieces of legislation. There are 107 such legislative acts amended by KHKs. A significant part of these arrangements and amendments has no relation with the reason for declaring OHAL. The Constitutional Court, however, in contrast to its earlier case law avoided scrutinizing those KHKs going beyond constitutional limits. Consequently some KHKs turned into Decrees in Force of Constitution.
Some KHK Arranged Issues not related to OHAL
Law on Unemployment Insurance
The KHK no. 687 added provisional articles to the unemployment insurance law no. 4447. These provisional articles extend social security contribution support to employers for each additional worker recruited to be covered by the unemployment insurance fund.
Arrangements on Compulsory Use of Winter Tire
With the KHK no. 687 issued on 9 February 2017 it was made compulsory to use winter tire by vehicles transporting passengers and goods.
TV marriage programmes are banned
The KHK no. 690 amended the Law on Establishment and Broadcasting Services of Radios and Televisions banning what is publicly known as “marriage programmes”. Law on the Unions of Public Workers and Collective Agreement
The KHK no. 682 amending the Law no. 4688 bans union membership of “officers, on- contract officers, plain or contracted petty officers, specialized gendarme, specialized petty officers, on-contract soldiers in Coastal Guard Command.
Law on Trade Unions and Collective Agreement
The 1st paragraph in Article 63 of the Law no. 6356 is amended with the KHK no. 678. This amendment allows metropolitan municipalities to postpone strikes in unban public transportation and banking services for a period of 60 days.
Law on the Establishment of Turkish Wealth Fund Management Corporation and Amendment of Some Laws
A new indent was added to paragraph 1 of Article 4 in the Law no 6741 by the KHK no. 684 expanding the sources and financing of the Wealth Fund of Turkey.
Law on Higher Education A new article was added to the Higher Education Law no. 2547 with the KHK no. 674. With this new article, the provisions in 50 (d) became applicable to research assistants covered by the faculty member training programme regardless of their status
The KHK no. 676 abolished the election of university presidents. Upon this new arrangement university presidents are appointed by the President of the Republic.
Upon the KHK no. 669 a new university “National Defence University” was established.
OHAL and WORKING LIFE
The OHAL has had its heavy outcomes in working life as well. One of the most salient ones is disrespect to the right to work, removal of job security of public and other employees, and limitation of the exercise of trade union and other collective rights of working people. Although it is claimed that OHAL is declared not against citizens but the State, those who receive the heaviest blow are workers. The OHAL turned out as a guarantee for capital and the rights of employees were violated.
The first year of OHAL witnessed the largest ever purge of public employees. These dismissals go far beyond what was experienced during the 12 September regime in the past. Considering that about 5,000 persons were ousted from the public during that period under the Martial Law no. 1402, the dimensions of what is happening following July 15th 2016 become apparent.
It is a necessity under the state of law to oust and prosecute those involved in or related to the coup, those who acted not in lines of established hierarchy but under the orders of the organization/community attempting the coup. But the purge in the public sector went much beyond the needs of combatting the coup and its perpetrators violating the most fundamental principles of any state of law. While there is no serious effort to disclose the civilian political associations of the coup, it is not fair and lawful to purge innocent public employees while not a single step is taken against those who condoned putschist infiltration and acted in resonance with putschists.
The ruling party gave start to a new period of employment without merits in the public sector following the coup attempt. The pattern of purges and the attitude of the Government in newly recruited public servants indicate that a new public personnel regime is being built under OHAL. The KPSS (Test for Selecting New Public Employees) qualification is abandoned in some institutions; scores required to enter the profession are substantially lowered; and gates are opened through interviews for the promotion of those lacking necessary qualifications and experience. In other words, doors of public institutions are opened to religious communities associated with the Government.
Right to Work: Most Commonly Violated Right The right to work is most commonly violated one under OHAL. Over 100,000 public employees have been dismissed without any concrete evidence, by denying any means of defence and blocking channels of fair trial. Beyond this, these persons are stigmatized, declared “guilty”, some being deprived of their right to retirement benefits, and many faced obstacles to finding another job in the private sector. There are even cases where passports of dismissed persons were seized to prevent their employment in foreign countries. Some journalists supporting the Government shamelessly coined these people as victims of “civilian demise”.
In the OHAL period of 21 July 2016-14 July 2017, 113,000 public employees were dismissed through KHKs without any evidence or justification (Table 1). This figure does not include dismissals by public institutions through their own dispositions like annulment of contracts or disciplinary acts apart from KHKs. The OHAL period undermined the right to work and job security of public employees. The Justice Minister Bekir Bozdağ had to confess that not all dismissed from the public sector are in fact offenders, but their dismissals were the outcome of administrative disposition.1
Dismissals from Public Service
In general, individual rights of workers cannot be arranged through OHAL KHKs. These KHKs have to remain limited to issues directly associated with the declaration of OHAL, and they cannot introduce permanent amendments to other parts of legislation. In this context, with the exception of those involved in the coup and in related crimes, arrangements related to working people cannot be made through OHAL KHKs.
Arrangements introduced by KHKs in relation to public employees go beyond the purpose of the state of emergency and eliminate the job security of employees in general. Under the provision first started with Article 4 in the KHK no. 667 and then repeated by others, public employees are fired if “found as in connection, communication or adherence to terrorist organizations or formations threatening national security as determined by the National Security Council.”
JUSTICE MINISTER BOZDAĞ: NOT ALL DISMISSED PERSONS ARE GUILTY; IT WAS ADMINISTRATIVE DISPOSITION
“Act of crime and administrative disposition are two separate things. When you say some person is to be court tried for some deed, it is stated in the CMK (Criminal Procedures Law) how it must go. You inquire and apply to the court with an indictment. Persons concerned will defend themselves and bring their evidence. And the court will eventually give its decision. There is need for concrete evidence in this process. But administrative disposition is something else. In other words there is no such thing as considering all who are dismissed from public service as guilty. These people are made subject to such disposition on the basis of some connection and adherence. It is done on the basis of some principle brought by the KHK. It is an administrative disposition, nut a judiciary one. So,
1 http://basin.adalet.gov.tr/Etkinlik/bakan-bozdag-cnnturk-tv-de-onemli-aciklamalarda-bulundu (Accessed: 17 July 2017) administrative disposition should not be confused with judicial disposition. There is understanding that all who face administrative disposition are actually guilty, which is extremely wrong.”
Justice Minister Bekir Bozdağ speaks to CNN TÜRK on 22 February 2017
Table 1: Dismissals from Public Sector
Institution Total TGNA (Turkish Grand National Assembly) Personnel 82 Prime Ministry 4.141 Ministry of Justice 5.781 Ministry of Family and Social Policies 589 Ministry of European Union Affairs 20 Ministry of Science, Industry of Technology 456 Ministry of Labour and Social Security 1.299 Ministry of Environment and Urban Affairs 474 Ministry of Foreign Affairs 429 Ministry of Economy 74 Ministry of Energy and National Resources 957 Ministry of Youth and Sports 473 Ministry of Food, Agriculture and Animal Husbandry 1.064 Ministry of Customs and Trade 402 Ministry of Interior 31.107 Ministry of Development 245 Ministry of Culture and Tourism 226 Ministry of Finance 2.615 Ministry of National Education 33.230 Ministry of Defence 109 Ministry of Forestry and Hydraulic Works 537 Ministry of Health 7.573 Ministry of Transportation, Maritime Affairs and Communication 1.445 Council of Higher Education (Administrative Personnel) 1.249 Universities (academics) 5.602 Judicial Institutions 4.964 Turkish Armed Forces 7.619 Other Public Institutions and Agencies 104 Total 112.863 Persons whose work permits are cancelled by the Ministry of National 22.474 Education- General Directorate of Private Education Institutions Sum Total 135.337
Note: Compiled from KHKs issued. Those dismissed from institutions attached to ministries are included in figures given for those ministries. The General Command of Gendarme and Coast Security Command are considered within the Ministry of Interior. According to a provision included in KHKs those who are dismissed from public service cannot be re-admitted or posted to any position directly or indirectly. This provision covers not only public servants but workers in this sector as well. The impossibility of producing any decision for stay of execution in such cases, absence of effective judiciary channels, and acts without waiting for the decision of courts all lead to serious victimization. There is witch hunting by inventing “collective offence” and “mentality offence.”
There is a series of tools leading to violations of the right to work and job security in the use of KHKs:
Dismissals through KHKs: With KHKs published in the Official Gazette, public employees are dismissed by giving their names and their institutions and in some cases with their official citizenship identity numbers.
Dismissals through Disciplinary Dispositions of Institutions: There is increase in the number of dismissals from public institutions with the decisions of Supreme Disciplinary Board in the OHAL period. Since these dismissals are not made public as in KHKs there is no definite information about these institution-based dismissals.2
Layoffs, Those Deprived of their Jobs: It includes those employed by public institutions as workers, people dismissed by trustees appointed to local governments, and others working in institutions, organizations or companies that are closed down or transferred. There are about 45,000 employees in 879 companies transferred to the Saving Deposits Insurance Fund. There is no clear information as to how many people in these companies are left jobless or dismissed.
Not renewing work contracts: Persons whose contracts are not renewed or extended make up a part of “covert” dismissals from the public sector under OHAL. This covers research assistants and assistant professors in universities.
Impediment to the Right to Retirement: Earlier the period for approval of retirement requests of public employees who are eligible for retirement was “one month”. This period provision is abolished under OHAL and as such retirement right of public employees is virtually suspended.
In his speech during the “15 July and Human Rights Panel” organized by Ankara Chamber of Commerce on 14 July 2017 President Erdoğan said in relation to dismissed employees, “So let them go and work in the private sector, why should we bother…” But the employment of these people in the private sector is virtually impossible. There are many who cannot find jobs in the private sector since their names are published in the Official Gazette and the Social Security Institution uses the KHK code which is the code denoting dismissal in line with a KHK under OHAL. Meanwhile it is also observed that arbitrary dismissals have become common under OHAL and a tool at the hands of many private sector employers.
2 KESK, 9th General Assembly Working Report, p. 194, “ While dismissals based on Disciplinary Boards and temporary removals during inquiry remained relatively limited until the last three years, there is an explosion in this respect, not witnessed even in period of military rule after OHAL and issuance of KHKs.” President Erdoğan: Let them go and work in the private sector, why should we bother?
“They say so many people are left without any job, what will happen to them? Why should we bother? Let them go and work in the private sector; does the State have to feed them? The State once fed them and they betrayed it. In any case, the Law no. 657 (on state personnel) is one of the most important problems of Turkey. If a consensus is reached, this Law no. 657 must be amended so as to take all as employees like it is in the West instead of going to public servant-worker distinction.”
President Erdoğan’s speech in the panel “15 July and Human Rights” organized by Ankara Chamber of Commerce on 14 July 2017.
Dismissed DİSK Members
Many municipalities now under appointed trustees were those where DİSK Genel-İş Union had its organization and members. There are 506 Genel-İş Union members dismissed from Municipalities by KHKs. Further, there are 1,456 Genel-İş Union members whose work contracts were terminated by Municipalities under trustees. This means 1,959 Genel-İş members were fired through KHKs and with the decision of trustees. The number of employees later returned to their jobs remained as 50. There are 28 Genel-İş members whose work contracts are suspended (Table 2).
While the number of DİSK members in total dismissed persons is limited, the DİSK approaches the issue not only from the perspective of its own members but also in the context of the fundamental rights and freedoms of employees and requirements of state of law and demands justice.
Table 2: DİSK Genel-İş Members Dismissed under OHAL
Disposition Dismissal and Return to Job Work Contract Annulment Suspended KHK no. 667 197 KHK no. 668 9 KHK no. 692 306 Municipalities with 1456 41 28 Appointed Trustees Total 1959 50
Source: DİSK Genel-İş Union
Among those dismissed, there are some who are active in their unions. Tarık Yüce, Workers’ Safety and Health Secretary in DİSK Enerji-Sen Union and working as electric meter controller in İSKİ (İstanbul Water and Sewage Administration) Esenyurt Enterprise was removed on August 29th after an inquiry conducted by the İSKİ General Directorate related to the coup attempt, and dismissed on September 7th. The reason was his social media sharing related to “work murders.” Defending workers’ safety and rights is associated with OHAL in a way to violate trade union rights and freedoms. There were protests to ensure Yüce’s return to his job, but the İSKİ refused in spite of court decision.
Sub-contracted nurse Cemal Bilgin, a member of DİSK Sosyal-İş, Deputy President of the Association of Sub-contracted Workers (TAŞ-İŞ DER), and safety and health committee representative of Çapa Medical School Hospital was fired on 6 September 2016 after declaring that cases of poisoning from served meals derived from salmonella bacteria. Bilgin will keep on guard in front of the hospital until he is returned to his job.
Many union leaders from KESK and its affiliated unions have been fired. The former and present women secretaries of KESK, BES President, Secretary General of EĞİTİM-SEN, SES Press Secretary, and Adıyaman, Batman, Bingöl, Bitlis, Dersim, Gaziantep and Mardin branch presidents of EĞİTİM-SEN are among these fired persons. The number of KESK members dismissed is 3,249 as of 1 June 2017.3 As of the same date again, around 700 KESK members have been temporarily removed; the number continuously changes due to new removals and returns to work. KESK members have a share of 3 per cent among all dismissed. There is no clear information as to shares of Memur-Sen and Türkiye Kamu-Sen members.
DISMISSALS FROM UNIVERSITIES AND “ACADEMICS FOR PEACE”
Nearly 400 academics were removed from their universities by such ways as discharge, firing and forced resignation or retirement. The majority of these academics were members of Eğitim Sen (teachers union) and SES (health workers union) affiliated to KESK.
Table 3: Acts Violating the Rights of “Academics for Peace”
Public Foundation Total Expulsion from public duty by KHK * 364 8 372 Dismissal 37 39 76 Resignation 15 10 25 Forced retirement 20 1 21 Total of dismissals, discharges, resignations and 401 51 452 retirements on the basis of KHK Disciplinary inquiry 442 63 505 Files sent to YÖK requesting “Expulsion from academic 107 5 112 profession or public duty” Suspension 90 11 101 Removal from administrative duty 3 4 7 Detention 67 3 70 Incarceration ** 2 2 4
Source: https://barisicinakademisyenler,net/node/314
3 KESK, 9th General Assembly Meeting Working Report *42 of academics discharged from public service by KHKs were also fired or forced to resign. Also, signatories covered by the ÖYP (Faculty Member Training Programme) have their rights violated by amendments made in procedures. ** 3 academics and 1 academic were released by courts after having been detained for 1or 40 and 22 days, respectively.
According to Article 130 in the Constitution, faculty members and members of university management and auditing boards cannot be removed from Office by any other authority except authorized university bodies or the Board for Higher Education. Yet, thousands of academics including those pledging for peace were dismissed from their schools by the Government through an administrative disposition without and specific charge or taking their defences.
Other Violated Rights of Persons Dismissed
. Revocation of military ranks and official status without any court conviction . Denial of re-admittance to TSK (Turkish Armed Forces), Gendarme, Coastal Guard and general Directorate of Security . Lifelong ban on employment in public service (no posting either directly or indirectly) . Termination of memberships in Board of Trustees, councils, executive boards, auditing boards, commissions and liquidation boards . Cancellation of weapon and pilot licenses . Forced eviction, within 15 days, of these persons from public housing or foundation accommodation facilities . Ban on statutes of founding membership, partnership and employee in private security firms. Cancellation of passports (with special seal and others) . Non-appliance of periods legally specified for starting inquiry about public employees removed from office on the basis of national security following the date 15 July 2016 (KHK no. 669) . Articles 3 and 4 of the KHK no. 667 forbid persons dismissed from public service by KHKs to carry and use such titles as ambassador, governor, court member, judge, prosecutor, district governor, etc., and to exercise rights conferred by these titles and positions (KHK no. 670)
Right to Fair and Effective Trial is Barred: OHAL Commission
Over 100,000 employees denied the right to work through KHKs in the OHAL period are also deprived of their right to fair trial and seeking for their rights. Even after elapse of one year, their cases of victimization by unlawful dispositions have not become the agenda of effective and fair court processes. Administrative courts gave the decision of lack of jurisdiction in KHK dismissals, the Constitutional Court avoided examining KHKs, and the EcHR rejected appeals on the ground that domestic remedies have not been exhausted.
The KHK no. 685 dated 23 January 2017 states that: “In order to examine and decide on appeals relating to dispositions made directly by Decrees in Force of Law without any other administrative decision the Commission for Examining State of Emergency Dispositions has been established.” Established on 23 January 2017, however, the commission started to receive appeals after six months, in July 2017. The fields that this commission, merely an administrative body without and judicial character, cover are as follows: Dismissals or removal from public office, profession or an organization; removal from the status of studentship; closure of associations, foundations, federations, confederations, private health facilities, private education institutions, higher education institutions of foundations, private radio and television corporations, newspapers and periodicals, news agencies, publishing houses and distribution channels; and withdrawal of ranks of retired personnel.
In case the Commission decides for re-admittance, employees will be placed not to their original institutions but others. Only those who cannot be placed to any other institution due to their titles, status and duties will be placed in their former institutions. It is possible to bring cases to Ankara administrative courts against commission decisions. Members of the Judiciary who have been dismissed can bring their cases to the Court of Appeals within 60 days.
It is expected that there will be more than 100,000 applications to the commission and it is a question mark how long this commission work will last. Assuming that the commission completes its work in a year, this means allocation of 65 seconds to each file. In case commission allocates 5, 4 minutes to each file it may take 5 years to go over all files (Table 3).
Table 3: Time Required for the Commission to Examine Files of Dismissal
Time for each file Total time 65 seconds 1 year 5,4 minutes 5 years 11 minutes 10 years 22 minutes 20 years 54 minutes 50 years
Note: Given that there are 110,000 applications, 250 days of work a year and 8 hours of daily work.
Closed Institutions and Receivables by Workers
With KHKs 667 and 668 many foundation universities, hospitals, associations, newspapers, televisions, periodicals, publishing and distribution facilities were closed down and their assets were transferred to the Treasury and General Directorate of Foundations. According to Article 2 (2) of KHK no. 667 and Article 2 (3) of KHK no. 668, “no claim can be made to the Treasury for payables of closed institutions whose assets were transferred to the Treasury”. KHK provisions related to receivables by third parties put in danger receivables (wages, salaries and severance pay) of thousands of employees, educationists and journalists who used to work in these institutions.
As known, thousands of employees in closed institutions were not public employees but employed as workers under private law. The elimination of receivables of these workers guaranteed by private law by KHK goes beyond the purpose of the state of emergency and brings in a permanent change in business law. Such changes cannot be introduced by OHAL- KHK. Wages and other receivables of workers are payables of employers in terms of both the Code of Obligations and Labour Code. Seizing these institutions, the State cannot victimize persons who used to work there. Wages and severance benefits of employees from closed institutions must be paid.
Employees cannot be held responsible and victimized for offences that may have been committed by the owners of institutions they worked for. Further, the trial and penalization of persons employed by these institutions is a different issue which should not undermine their rights under private law. Wages and similar other benefits of workers do not become void because of deeds taking place other than their institutions. Workers cannot be denied to severance pay unless their work contracts are terminated on just grounds. Even in cases of termination on just grounds their receivables from the past have to be paid. Otherwise it means drudgery and according to the European Convention on Human Rights drudgery is forbidden even under OHAL.
OHAL and Right to Association
According to Article 11 paragraph (o) of OHAL Law it is possible to stop association activities given that decision is taken separately for each association concerned and that stopping is for a period of three months. The provisions of the Law on Associations can be applied to trade unions only in cases where there is no relevant provision in the Law no 6356 on Trade Unions and Collective Bargaining. Article 31 in this Law provides that trade unions can be closed down only by judiciary decision. Hence, even under OHAL trade unions cannot be closed down and their activities stopped by decisions of governorates.
Within the framework of OHAL legislation, exercise of fundamental rights and freedoms can be limited or temporarily suspended given that it is associated with reasons making OHAL necessary. This of course covers trade union rights as well. The rights to association, collective bargaining and strike provided by Articles 51, 53 and 54 in the Constitution may be limited or temporarily suspended. It is possible to arrange for these through KHKs. But authority to do is not absolute and limitless. There must be a situation associated with the reasons leading to the declaration of OHAL to limit or temporarily suspend trade union rights. In cases not associated with the coup attempt, limitation and suspension of trade union rights will be in contrast with the Constitution.
With the KHK no. 667, 19 trade unions affiliated with Cihan-Sen and Aksiyon-İş confederations were closed down for being in connection with FETÖ/PDY. The latest membership to Cihan-Sen was around 22,000 and to Aksiyon-İş around 30,000. It is not possible to close down trade unions with the OHAL legislation; the Law no. 6356 says trade unions can be closed down by judiciary decision. Under OHAL, it is possible to suspend the activities of trade unions upon administrative decisions, but closing down is against the law. This decision must be given by courts. In case of closure, assets of trade unions should be transferred not to the Treasury and General Directorate of Foundation but to the Unemployment Insurance Fund.
Even after the military coup of September 12th 1980, trade unions were not banned altogether, their activities were suspended and court case of closure was opened. The closure of unions without any court decision eliminates the essence of the right. What was needed was to suspend the activities and bring court cases against those unions for which there were strong indications of association the coup attempt. The permanent closure of unions on the basis of OHAL-KHK mechanism is in open contrast to the Constitution. Further, apart from unions already closed down, the following provision may lead to arbitrary decisions: “Trade unions, federations and confederations that are not specified in the annexed list, but found as in connection, communication or adherence to formations threatening national security or to terrorist organizations are banned with the suggestion of the commission and approval of the minister concerned.”
OHAL is a Barrier to Trade Union and Workers’ Actions
In the course of OHAL year workers and unions faced various forms of oppression, barring and threat while many union activities and worker actions were banned or blocked. The following is an account of such acts experienced by our unions and unions of other confederations:
Simultaneous press declarations on “severance pay is our job security, don’t touch it!” organized by DİSK in various provinces on 7 June 2017 was barred in Gaziantep on the basis of OHAL. It could be made indoors in provincial branch of DİSK in Mersin since permit was not given for outdoor activity. The meeting scheduled on 11 December 2016 in Gebze in the process of collective bargaining between DİSK Birleşik Metal-İş Union and EMIS was blocked on the basis of OHAL. The police intervened to press declaration to be made in front of the plant on 30 November 2016 by Yüksek Endüstri Plant workers who were dismissed for being Birleşik Metal-İş members and many union leaders and representatives were detained. The meeting of Gebze Branch of Birleşik Metal-İş to inform its members about such issues as compulsory retirement scheme was banned by the Governorate on 28 November 2016. There was an unlawful assault to the organization of Nakliyat-İş Union of DİSK in the workplace MSC/MEDLOG Logistics. The waiting of workers who want to hold their jobs and union was forbidden on the basis of OHAL and there was also police intervention to press declaration organized in Gemlik on 28 September 2016. The appeal to the District Governorate by Nakliyat-İş Union on 31 December 2016 for minimum wage demands of member workers in Gebze was turned down with the statement that Kocaeli Governorate OHAL Office banned all actions until 31 December 2017. The pledging campaign “Positions for Seasonal Workers in Çaykur” launched in Rize by DİSK Gıda-İş Union in April 2016 was banned by Artvin Governorate in August 2016 on the basis of OHAL. The panel discussion on “Wealth Fund” to be held in Hopa on 12 May 2017 by Gıda- İş Union was banned arbitrarily by Hopa District Governorate. When DİSK Limter-İş Union organized Tedi AŞ workers in Tuzla Organized Industrial Zone the employer fired 27 of 43 workers in Tuzla and 3 of 20 workers in another workplace in Topkapı. Fired workers resisted in their tents set up in front of the workplace. On 12 August 2016, on the 10th day of resistance workers on their way to tents were blocked by special and agile police forces. The justification was OHAL bans and the order of the Governor. Workers had to move their tents to another place 100 meters away from the workplace. Three members of DİSK Güvenlik-Sen Union were detained in operations of security forces in İzmir on 1 November 2016. The rally organized by KESK to be held on 15 November 2016 in Ankara under the slogan “We stick to our work” was banned by Ankara Governorate for “security reasons”. The protest march organized by KESK in Kadıköy on 21 December 2016 with the slogan “I want my job and bread back” which was mainly participated by dismissed public employees faced with various interventions of the police on its way. The protesters reached Ankara on 25 December 2016. Rallies against OHAL and dismissals to be held by KESK in Mersin, Samsun, Van, İstanbul and İzmir from 10 to 11 December 2016 were banned by respective Governorates for security reasons. Workers in Avcılar Municipality from Türk-İş affiliated Belediye-İş Union who had been resisting for months against dismissals made for their union membership faced intervention by municipal guards on 21 July 2016, and their tents were removed by the police. Türk-İş member Petrol-İş Union organized an outdoor press declaration on 26 December 2016 to protest the transfer of drilling, well insulation and geophysical operations from Turkish Petroleum Enterprises to TPIC. The activity was barred on the basis of OHAL. The Ankara Governorate did not permit press declaration in front of the Ministry for “It could turn into a terrorist activity”. The travel of workers from Batman and Adıyaman' was also banned. The PETKİM is the only petro-chemical facility in Turkey where Petrol-İş Union is organized. Workers who started action on 19 June 2017 upon disagreement in collective bargaining were met with police intervention. Union leaders including the branch president of the union were beaten and detained. The event organized in Çorlu for workers who were fired for pledging no work on new year’s eve was banned under OHAL on 5 January 2017.
Also, bans on assemblies and demonstrations put by Governors in various provinces including İstanbul and Ankara had their effects of restraining union and workers’ activities.
OHAL and Right to Strike
The right to strike is another right commonly violated under OHAL. While the ruling AKP Government suspended eight strikes in total in the period starting from 2002 and up to OHAL, five large-scale strikes were banned/suspended for reasons such as national security, public health and financial stability only within one year of OHAL.
SUSPENSION (BANNING) OF STRIKES UNDER OHAL
Date Enterprise Law no. Justification No. of Trade Branch Workers union 18 January Asil Çelik 6356 NS 674 Birleşik Metal 2017 Metal-İş 20 January EMİS 6356 NS 2,200 Birleşik Metal 2017 Group Metal-İş Covered by TİS 20 March Akbank 6356 EFS 14,000 Banksis Banking 2017 22 May Şişecam 6356 NS 6,500 Kristal-İş Glass 2017 5 June Mefar İlaç 6356 PH 500 Petrol-İş Pharmaceutics 2017
Number of Strikes Suspended: 5 Number of Workers affected by Suspensions: 23,874
NS: National Security EFS: Economic and Financial Stability PH: Public Health TIS: Collective Agreement
Upon disagreement in collective bargaining in Asil Çelik enterprise with 674 employees in Orhangazi, Bursa, the DİSK United Metal Workers (Birleşik Metal İş) decided to go to strike on 18 January 2017. The strike was suspended by the Council of Ministers at midnight on the same day.
The DİSK member Birleşik Metal İş Union launched strikes in GE Grid Solution, ABB Elektrik, Schneider Enerji and Schneider Elektrik enterprises affiliated to the employer union EMİS on 20 January 2017 with the participation 2,200 workers. On the same day, strikes were suspended by the Council of Ministers for a period of 60 days. The Union kept struggling against this practice which makes the right to strike subject to the permission of the Government. Workers did not start work in these enterprises until Monday. Upon the strong will to use the right to strike, collective agreement covering 2,200 members was finally acted.
President Erdoğan: “We don’t let strikes under OHAL”
"We have this State of Emergency for our business concerns work better and at ease. Now we intervene immediately to places where there is threat of strike thanks to OHAL. We say, ‘No, you can’t go to strike here, you are not allowed to disturb business that is how we use OHAL.” [applause].
From the speech delivered by Turkish President and leader of the Justice and Development Party (AKP) during the meeting organized by YASED, International Investors Association on 12 July 2017.
The decision by the Council of Ministers dated 20 March 2017 suspended the strike for 60 days decided by Bank and Insurance Company Workers Union in workplaces attached to Akbank on the ground of “posing threat to economic and financial stability.”
The decision to go to strike taken by Kristal-İş Union in Trakya Cam AŞ, Paşabahçe Cam AŞ, Anadolu Cam Elyaf AŞ, Anadolu Cam Yenişehir AŞ, Trakya Yenişehir Cam AŞ and Şişecam Otomotiv AŞ and workplaces attached to these companies was suspended for 60 days by the Council of Ministers decision published in the Official Gasette dated 22 May 2017. The rationale was “disturbance to national security.”
The strike in Mefar Pharmaceutics decided by Petrol-İş on 7 June 2017 was suspended on the ground of “public health considerations.” Interventions to the exercise of the right to strike did not remain limited to single cases of suspension. Their coverage was also enlarged. The KHK no. 678 added the following provision to the Law no. 6356 on Trade Unions and Collective Bargaining: “In case of any act of strike or lockout that is legal and started, the Council of Ministers is authorized to suspend these acts for a period of 60 days if considered necessary in terms of public health or national security, urban transportation services of metropolitan municipalities, banking services, and economic and financial stability.” So banning of strikes in urban transportation and banking services which was annulled by the Constitutional Court in 2014 was reintroduced indirectly by the KHK no. 678. The expression “strike detrimental to financial stability” made its way to the legislation, opening the way of suspending strikes for economic reasons.
It is noteworthy that this arrangement was made on 22 November 2016, immediately after an 8-day strike started on 8 November 2016 by Demiryolu-İş Union organized in İZBAN which is the joint company of İzmir Metropolitan Municipality and TCDD (Turkish Railways Administration).
President Erdoğan: “Now nobody can rise up and say ‘strike’ or things like that, pardon us, but it is no more possible …”
“Does the State of Emergency block the way of our entrepreneurs and investors or ease that way? Just remember OHAL practices in the past: Bosses could not enter their plants. Then we came and opened the gates of your plants. The present State of Emergency endows us with power to stand against threats of strike and so. Now nobody can rise up and say ‘strike’ or things like that, pardon us, but it is no more possible …”
From the speech delivered by Turkish President and leader of the Justice and Development Party (AKP) during the 24th General Assembly Meeting of MÜSİAD on 7 June 2017.
Although decisions to suspend strikes under OHAL are not taken within the framework of OHAL legislation but under the provisions of the Law no. 6356, it was stressed twice by President Erdoğan, leader of the Party for Justice and Development while addressing to employers’ organizations that suspensions are a part of the OHAL regime. In his speech on 12 July 2017 at the meeting organized by YASED, International Investors Association President Erdoğan said "Now we intervene immediately to places where there is threat of strike thanks to OHAL. We say, ‘No, you can’t go to strike here, you are not allowed to disturb business life’” On 7 June 2017 he said at the General Assembly of MÜSİAD, “nobody can rise up randomly and say ‘strike’ or things like that, pardon us, but it is no more possible.” It makes clear that strike suspensions are a part of OHAL, and strike is not regarded as a right but a threat.
OHAL Legislation Relating to Strikes, Trade Union Activities and Workers’ Actions
OHAL does not mean banning of strikes. Since strikes are not related to reasons leading to the declaration of OHAL it is unlawful to ban strikes by using OHAL-KHKs. However, since the Government retains the authority to suspend strikes on the basis of the Law no. 6356, it is easier for the Government to suspend strikes under OHAL conditions. Article 11 in the OHAL Law puts no barrier to strikes and Governors are not authorized to ban strikes. Nevertheless, OHAL Article 11 (m) affects strikes and workers actions and it is on the basis of this provision that Governors forbid gatherings at places of strike and action. While Governors are expected to act within the confines of the reasons of OHAL and in line with the principle of proportionality, they fail to do so. Dispersing and blocking workers getting together for strike and to seek their rights are acts running counter to these principles. According to article 11 (m) in OHAL Law, governors are authorized to ban, suspend, make subject to permission or to allocate places and determine the time of indoor and outdoor meetings, rallies and protest marches; and to observe, control and if necessary disperse such activities. This authority is interpreted as covering all kinds of activities by trade unions as well including their press conferences, indoor and outdoor meetings, and training activities. In the exercise of this authority too there is need to comply with the principles of proportionality and the rationale of the state of emergency. The practice, however, is openly to the contrary.
Resistance to OHAL Violations
. DİSK Genel İş Union made press statements concerning employees in trustee appointed municipalities who were fired, dismissed or whose work contracts were suspended.
. Tarık Yüce, Workers’ Safety and Health Secretary in DİSK Enerji-Sen Union and working as electric meter controller in İSKİ Esenyurt Enterprise and thee sub- contracted workers were dismissed upon the claim that they were “Cemaat members”. Tarık Yüce and Enerji-Sen protested this disposition of the administration by their press declarations in front of the İSKİ building.
. The protest march organized by KESK with the slogan ‘I want my job and bread back’ started from Kadıköy, İstanbul on 21 December 2016 and marchers arrived Ankara on the fourth day of the march. The march from the Confederation building to Sakarya Square in Ankara was supported by democratic organizations and political parties.
. By organizing the “OHAL-KHK Regime Dismissals Congress” on 1-2 April 2017, the KESK discussed the issue on a wide platform with the participation of national and international experts besides its dismissed members. The event contributed to public awareness and came up with a course of struggle.
. On 8 September 2016 the MEB (Ministry of National Education) announced that 11,500 employees from the education sector were removed from office. Upon this there were sit-in actions in all provinces on 9 September 2016. There were stands at central parts of cities and leaflets were distributed. . Starting from 14 January 2017, the KESK is conducting actions to protest dismissals on various days of the week giving weight to Saturday actions. Sit-in actions, press conferences and other events are taking place in many provinces including İstanbul, İzmir, Adana, Adıyaman, Ankara, Aydın, Malatya, Samsun and Zonguldak.
. After being dismissed from her job in the İstanbul Development Agency on 6 January 2017 with the KHK no. 679, Betül Celep was in sit-in action for 66 days in Kadıköy Khalkedon Square. In action from 12:00 to 18:00 hours every day, Celep was supported in solidarity by different segments of society.
. Architect Alev Şahin who was fired from the Provincial Directorate of Environment and Urban Affairs by a KHK started a sit-in action in Düzce saying ‘I want my job and bread back’. As of the date of this report, she is on the 122nd day of her sit-in. Her supporters accompany Şahin in this sit-in.
. Public employees in Malatya who were dismissed and resisting since 5 January 2017 saying ‘We want our jobs, bread and students back’ were detained and released for 105 times. Four public employees from KESK who suffered police violence 105 times within 120 days said they would go to Ankara to support actions in Yüksel Street organized in support of Nuriye Gülmen and Semih Özakça.
. Sub-contracted nurse Cemal Bilgin, a member of DİSK Sosyal-İş, Deputy President of the Association of Sub-contracted Workers (TAŞ-İŞ DER), and safety and health committee representative of Çapa Medical School Hospital was fired on 6 September 2016 after declaring that cases of poisoning from served meals derived from salmonella bacteria. Bilgin will keep on guard in front of the hospital until he is returned to his job.
. Yüksel Street Resistance: Nuriye Gülmen, a research assistant in Selçuk University before removed from office made a press statement on November 9th in front of the Human Rights Monument in Yüksel Street, Ankara, and started sit-in action wanting per job back. The police intervened almost every day with by using force and detention to stop the action that became widely public afterward with the participation of Semih Özakça, Acun Karadağ and Veli Saçılık. Gülmen and Özakça then started hunger strike and were arrested. 19 July 2017, the date of the report, was the 131st day of their hunger strike. The action continuing with the resistance of Gülmen and Özakça in prison, hunger strike out of prison by Esra Özakça, wife of Semih Özakça, and daily press statements in Yüksel Street receives wide support from different parts of society.
. Actions by “Peace Academics”:
o Academics who were dismissed by KHKs starting from 1 September 2016 waged their struggle for return to their jobs by using different ways and means and exhibited a resistance at the level of academy. In cities like Kocaeli, Ankara, İzmir, Dersim, Mersin, Eskişehir and İstanbul, dismissed academics organized “Solidarity Academy” and “Street Academy” to keep in touch with their students and maintain their scientific activities.
o Upon the call of Eğitim-Sen Union academics engaged in action in front of the YÖK building on 21 September 2016 protesting KHKs and unjust dismissals.
During the “Justice March” and Maltepe Meeting, there was strong voice for the return of those dismissed from their jobs under OHAL including Nuriye Gülmen and Semih Özakça, and academics fired from their schools.
It is striking that there are many cases of suicide among those dismissed or laid off under OHAL. According to information we collected from open sources there were 36 such cases of suicide in the OHAL period. It is understood that the majority were the result of dismissal from public duties. Annexed are the cases of suicide whose underlying cause is found as OHAL dismissals.
CONCLUSION: OHAL MUST BE LIFTED!
Facts presented in the report Show that OHAL is transformed into an unlawful and unfair regime.
To build a new regime, the OHAL forces public employees to obey by depriving them of their job security, clear public institutions from its opponents or put them under discipline by threat of hunger.
The OHAL has its explicit class character. Under the pretext of ruling out the coup, most fundamental principles of human rights and law were ignored, pressures over the working class were increased, and many arrangements were made to ensure the smooth running of capital accumulation process. Facts included in the report clearly show that the OHAL is used as a means to guard the interests of capital against working class.
These cases of widespread and severe violation that could only be outlined in the report shows how grounded was the request of justice which recently pushed millions of people to streets. As far as working people are concerned, justice requires, first of all, the termination of OHAL.
It is clear that statements frequently made by the ruling government such as “OHAL does no harm to citizens, it doesn’t touch them” are far from reflecting the reality. How can be any mention of “harmless OHAL” when working people constituting the overwhelming majority of population go to their work under the constant risk of losing their jobs and fundamental rights including contracting and strike, when they are forced to accept the absolute domination of capital, and when they cannot openly express their political and other opinions?
OHAL is bad for law and labour, it should be lifted immediately!
ANNEXES
ANNEX 1 Laws Amended through KHKs
Law 1 Military Service Law 2 Law on Firearms, Knives and other Weapons 3 Banking Law 4 Law on Criminal Procedures 5 Law on the Authority and Duties of the Chief of Military Staff 6 Law on the Organization, Duties and Authorities of Gendarme 7 Law on Public Tenders 8 Land Transportation Law 9 Village Law 10 Law on the Establishment and Duties of the Management of Fuel Supply and NATO POL Facilities of the Ministry of National Defence 11 Law on the Organization and Duties of the Ministry of Defence 12 Law on Notary Services 13 Law on Private Education Institutions 14 Law on the Establishment and Broadcasting Services of Radio and Television Corporations 15 Law on Social Security and Health Insurance 16 Law on Compensation of Damages Arising from Terrorist Activities and Anti-terror Actions 17 Flight, Parachute, Submarine, Diver and Frogman Services Compensation Law 18 Law on Specialized Petty Officers in Military 19 Law on Forensic Medicine Institution 20 Law on the Establishment, Authority and Duties of First Instance Courts and Regional Courts 21 Law on the Prevention of Acts Disturbing Public Order 22 Military Penal Law 23 Military Judges Law 24 Law on the Establishment and Judiciary Procedures of Military Courts 25 Law on Military Forbidden and Security Zones 26 Law on Military Supreme Administrative Court 27 Law on Petty Officer Colleges 28 Law on the Manufacture, Buying, Purchasing and Possession of Rifles, Guns and Knives Used in Hunting 29 Law on Appointments to Ministries and Attached Institutions 30 Banking Law 31 Municipalities Law 32 Law on Committees of Expertise 33 Law on Regional Administrative Courts 34 Law on the Execution of Penalties and Security Measures 35 Law on Securities 36 State Personnel Law 37 Law on Students to be Sent abroad 38 Electronic Communication Law 39 Law on the Organization of Security 40 Law on Allowances of Privates and Petty Officers in Military 41 Law on Judges and Prosecutors 42 Law on the Supreme Council of Judges and Prosecutors 43 Law on Public Service Allowances 44 Law on the General Command of Cartography 45 Law on Military Schools 46 Law on Civil Courts 47 Law on Mediation in Judicial Disputes 48 Law on the Organization and Duties of Ministry of Interior 49 Law on the establishment and Duties of Administrative and Tax Courts 50 Provincial Administration Law 51 Zoning Law 52 Law on the Regulation of Internet Activities and Combatting Offences through the Internet 53 Unemployment Insurance Law 54 Law on the Establishment , Duties and Authorities of Gendarme Forces 55 Anti-smuggling Law 56 Law on Unions and Collective Bargaining of Public Employees 57 Law on Public Tendering 58 Law on Fiscal Management and Control 59 Highway Traffic Law 60 Coastal Law 61 Identity Declaration Law 62 Law on the Organization and Duties of the Ministry of National Education 63 Basic Law on National Education 64 Law on the Establishment of a National Centre for Mines 65 Law on the Organization and Duties of the Ministry of National Defence 66 Law on the Organization and Duties of the Ministry of National Defence 67 Law on Headmen Allowances and Social Security 68 Law on Payment Services and Digital Cash Facilities 69 Payment and Securities Reconciliation Systems 70 Law on Private security Services 71 Passport Law 72 Law on Duties and Authorities of Police 73 Law on the Establishment and Broadcasting Services of Radio and Television Corporations 74 Basic Law on Health Services 75 Law on Coast Guard Command 76 Law on Electoral Provisions and Registers 77 Law on Trade Unions and Collective Bargaining 78 Capital Markets Law 79 Law on Sale, Transfer and Disposal of Surplus Military Goods and Services; Domestic or International Procurement for Other States and Foreign Personnel to be Trained
80 Law on Contracted Non-commissioned Officers and Privates 81 Law on the Practice of Medical Profession and its Branches 82 Law on Motor Vehicles 83 Anti-terror Law 84 Law on Assemblies and Protest Marchs 85 Consumer Protection Law 86 Law on Turkish Flag 87 Turkish Armed Forces Disciplinary Law 88 Turkish Armed Forces Patient Care Law 89 Turkish Armed Forces Internal Service Law 90 Turkish Armed Forces Personnel Law 91 Turkish Civil Aviation Law 92 Turkish Commercial Law 93 Turkish Citizenship Law 94 Law on the Retirement Fund of the Republic of Turkey 95 Law on the Establishment of Turkish Development Bank Corporation 96 Law on Turkish Education Foundation 97 Law on Turkish Radio and Television Corporation 98 Law on the Establishment of Turkish Wealth Fund Management Corporation and Amendment of Some Laws 99 Law on Specialized Non-commissioned Officers 100 Laws on Veterinary Services, Plant Health, Food and Feed, Horse-Racing, Health Services, Demographic Services 101 Laws on Veterinary Services, Plant Health, Food and Feed, Villages, and Retirement Fund 102 Law on Foreigners and International Protection 103 Law on Court of Appeal 104 Law on Reserve Officers and Military Personnel 105 Law on the Establishment and Duties of Supreme Military Council 106 Higher Education Law 107 Law on Salaries of Military officers and Personnel
ANNEX 2: Suicides under OHAL
. Ergülü Yıldız: 47 years old Eğitim-Bir-Sen member Ergülü Yıldız, Deputy Director in a secondary school in Sungurlu District of Çorum removed from office under FETÖ investigation. He was detained and then released on the condition of judiciary control. He committed suicide by hanging himself in his home on 24 November 2016, the Teachers’ Day. . Necmi Akman: 48 years old Necmi Alkan was the District Governor of Ahmetli in Manisa province who was removed from office under FETÖ investigation. On 20 July 2016 he took the gun of a police officer guarding his residence and shot himself. Losing his life in the hospital Akman sent a letter to his family saying he had no relation to FETÖ and could not stand any stigmatization over his family. . Mutlu Çil: Learning that he was removed from his position as Security Director of Ankara as a result of investigations started following the coup attempt, Çil attempted suicide and lost his life in hospital. After the events of 17-25 December Çil was appointed as Ankara Security Director while working in intelligence department. . Muhammer Mertoğlu: Replacing Ulus-Bartın District Security Director Levent Musafaoğlu who was arrested under FETÖ investigation, Mertoglu committed suicide with his gun reacting to the search conducted in his office. . Halil Gök: Serving in Traffic Control Station in Akçakoca District of Düzce, Gök went down to the basement and committed suicide with is gun on 21 July 2016 shortly after learning that he was removed. . Ahmet Beşli: On 10 August 2017, subject to FETÖ investigation in Belen District of Hatay, 39 years old police officer Ahmet Beşli refused to submit his gun and committed suicide by shooting himself in the head in front of other police officers. . Emrah Oğuz: 32 years old police officer Emrah Oğuz committed suicide by shooting himself in the head while on his way to Bayburt Security Directorate after learning his removal from office under FETÖ investigation. . Adem Tıraş: 26 years old Adem Tıraş who was among 13,000 police officers removed from office under FETÖ investigation committed suicide by shooting himself in the head on 4 October 2016 after handing in his identity and service pistol. . Hakkı Topal: 42 years old Topal with 2 children who was working in the Security Directorate committed suicide by hanging himself on a tree on 21 October 2016 upon removal from his duty. . Levent Önder: Lieutenant Colonel Levent Önder, Deputy Executive Officer in Siirt 3rd Commando Brigade committed suicide at home by shooting himself in the head on July 21st after the coup attempt. . İsmail Çakmak: Battalion commander in 23. Motorized infantry regiment İsmail Çakmak committed suicide on July 24th in Silivri Prison by hanging himself with a sheet. . Önder Irmak: 39 years old Chief Master Sergeant Önder Irmak who was among 33 air force officers detained under FETÖ operation on October 4th was arrested and brought to Eskişehir Security Directorate. Irmak committed suicide there by drinking chemical substances used as cleaning material. . Ömer Çubuklu: Arrested under the investigation on the coup attempt, prison guard Ömer Çubuklu was arrested. He committed suicide in the reception section of the prison by using shoelaces and sweat pants. . Enver Şentürk: After he was removed from his work in Adıyaman E-The prison, 31 years old Şentürk with a child committed suicide by hanging himself. . Mustafa Güneyler: 50 years old Mustafa Güneyler was teaching electricity and electronics in Bilecik-Osmaneli Multi Programme High School. Upon dismissal under FETÖ investigation Güneyler committed suicide at home by opening a tube gas. . Ali Derebaşı: 42 years old Derebaşı, married and with 3 children, was the director of Kayseri Kocasinan Barbaros Preschool. His wife was removed from her office under FETÖ investigation. Going to his school on the first day of the new school year, Derebaşı committed suicide by hanging himself in the room of deputy director. . Mehmet Karadoğan: Serving as a teacher in Ortaca, Muğla, 37 years old Karadoğan, father of two children, was removed from office for entering over internet a forbidden site that he jointly used with his friends. The site was said to be connected to FETÖ. He committed suicide with a shotgun in his car. . Behçet Emdi: 43 years old Behçet Emdi, teacher of social studies in Safranbolu Misakı Milli Secondary School, Emdi was dismissed together with his wife who is a nurse shortly after the coup attempt. Emdi was detained and he committed suicide in Karabük Prison by hanging himself with shoelace in the toilet. . Hasan Taştan: Imam of a mosque in Mersin’s Toroslar District, Taştan committed suicide by hanging himself on the door of his house. Taştan’s son working as a teacher in Hakkari had been arrested under FETÖ investigation. . Seyfettin Yiğit: Bursa Public Prosecutor Yiğit detained under FETÖ investigation was arrested on 20 July 2017. 47 years old Yiğit, committed suicide by hanging himself in the toilet of Bursa h-Type prison. . Cahit Korkmaz: 44 years old Cahit Korkmaz committed suicide by shooting himself in the heart at the police centre on 25 October 2016. 30 minutes before the event Korkmaz conveyed his worries to his friends “Do they include me in this FETÖ business and put me in prison for regularly praying?” . İrfan Kızılarslan: Under investigation related to the coup attempt, Kastamonu Gendarme Commander Colonel İrfan Kızılarslan was arrested by a court in Kastamonu. In Tokat Çamlıbel T-Type prison he committed suicide by hanging himself with shoelace. . Burak Açıkalın: It was claimed that Açıkalın working as an engineer in the Intelligence Department leaked the FETÖ list of 20,000 persons of the National Intelligence Agency to FETÖ, and that he was one of the information sources of Twitter user “Fuat Avni”. He committed suicide in Kırıkkale Hacılar F-type prison after his arrest. . Hasan Hüseyin Can: 46 years old police officer Hasan Hüseyin Can who was first detained and then released under FETÖ investigation committed suicide at home by shooting himself in the head while other family members were out. . Mehmet Oldum: A police officer in Osmancık District of Çorum removed from office under FETÖ investigation, 34 years old Mehmet Oldum had psychological distress and committed suicide by hanging himself in his grandfather7s home. . Hayrullah Tamtürk: Dismissed while working as deputy commissioner in Karasu District of Sakarya, 40 years old Hayrullah Tamtürk committed suicide by hanging himself in the house of his father-in-law. . Orhan Çetin: Dr Çetin working as biochemistry assistant in Atatürk Training and Research Hospital of İzmir Katip Çelebi University was removed from office under FETÖ investigation. Going into depression Çetin committed suicide by jumping of the 10th floor of the hospital he was working in. . Zeki Cezayiroğlu: Being in service for 23 years, 44 years old police officer Zeki Cezayiroğlu was first removed from office under FETÖ investigation and then returned. Under heavy stress Cezayirlioğlu first attempted suicide by drinking pesticides, upon the futility of this try and after a week he committed suicide with his service pistol while his wife and two children were at home. . Sadullah Kara: He was a police officer for 7 years serving in Anadolu Courthouse in Kartal, İstanbul. Sadullah Kara was removed from office under FETÖ investigation. When security officers cane in and asked for his identity and gun he committed suicide with his gun. . İzzet Akdağ: Akdağ was a police officer in Osmaniye Police Station in Toroslar District of Mersin. He was first removed from office under FETÖ investigation and then returned. Father of 3 children, Akdağ committed suicide with his gun 2 months after his return to office. It is said that Akdağ could not resist the stress of being investigated. . Mustafa Sadık Akdağ: 34 years old Sadık Akdağ who was an assistant professor in Dental Sciences School of Ordu University was released after being detained under FETÖ investigation. Psychologically affected by the situation he fired on is head while at home. . Fatih Ezber: 36 years old Ezber was removed from office in September under FETÖ investigation while serving in Trabzon Çarşı Police Station. He was returned to his office in January and then appointed as Sürmene Security director. Married and having 2 children, Ezber committed suicide with his service pistol leaving a letter behind, “My family and friends, so sorry for making you sad, forgive me.” . Mehmet Öztürk: Dismissed while working in Diyarbakır Security Directorate under FETÖ investigation and then arrested, 25 years old Öztürk committed suicide in prison by hanging himself with his shirt. . Kamil İsmail Aydın: 19 years old Aydın, a prep school student in the Department of Management of Boğaziçi University committed suicide under stress when his father was arrested under FETÖ investigation. His father, Prof Nasuhi Engin Aydın was arrested for having a deposit account in Bank Asya while he was the head of Pathology Deportment in İnönü University. Student Aydın had made it to top 500 in university selection test. . Hasan Erkuş: 23 years old Erkuş who was removed from office under FETÖ investigation committed suicide at home with his service pistol. It is later claimed that before suicide he called his friends and shared in his social media account “I am not a traitor, I have never betrayed my country.” . Mehmet Fatih Tıraş: Research assistant in the department of econometrics in the Faculty of Economics and Administrative Sciences, Çukurova University, Eğitim-Sen member Mehmet Fatih Tıraş undersigned the declaration of Peace Academics and his contract was not renewed by the university. Dismissed from the University on 15 December 2016, Tıraş went into stress after finding no other job in three months. He committed suicide by jumping of the 7th floor of the building he was living in. Note: Cases of suicide are compiled from open sources