With the decree-laws adopted under state of emergency

declared following the coup attempt on 15 July 2016, more than

125 thousand people have been dismissed their professions and

more than three thousand organizations and institution have been

closed down. As a grounds for the measures adopted for natural

and real persons, it is shown that those who are considered to

"have relation", "connection" or "contact" with terrorist organizations

or structure/entities, organizations or groups established as

engaging in activities against the national security of the State by

the National Security Council, which has no judicial duty, whose

resolutions are of advisory nature for the Council of Ministers

which issues emergency decree-laws However, the concepts of

connection and contact mentioned in the said justification are of

“intelligence” nature concepts which were not previously available

in our law and which have no meaning or equivalent in terms of

criminal and disciplinary law. In other words, without the need for

any court decision, with the decision of “an administrative board”,

structures, groups and formations which were not mentioned in

the Decree-Laws have been considered to be a "terrorist

organization", and the persons who are alleged to have connection

and contact with these organizations have been deemed to be "a

member of a terrorist organization". But this admission is contrary to

the principle that "the administration cannot impose criminal offences

through regulatory procedures", which is set forth in Article 2/2 of the

Turkish Penal Code and "presumption of innocence" Furthermore,

persons in question have not been notified which terrorist

organization they are a member with, their defence statement has

not been obtained in spite of the grave allegation against them,

and they have been dismissed their profession by putting their

names in the lists that were not clear by whom and according to

which criteria they are prepared.

Foregoing emergency procedures and measures are required

to be assessed in terms of fundamental rights and freedom as well

as universal law criterion, in order to meet this need, the study

herein touches upon the law practices in Turkey administered by

the state of emergency. The topics covered in the study were

examined in six chapters.

In the first chapter, it is touched upon the legality of the

emergency decree-laws and the role of the Turkish Constitutional

Court played in the course of the State of Emergency; in the second

chapter, it is reviewed the compatibility with the European

Convention on Human Rights of the dismissal decisions in

particular on the judges and prosecutors; in the third chapter, the

assessment of the detention decision on in particular judges and

prosecutors within the context of the right to liberty and security

was tackled; in the fourth chapter, it is dealt with if the Inquiry

Commission on the State of Emergency Measures is considered as

an effective domestic remedy; in the fifth chapter, it is examined

compatibility of the prison uniform with the European Convention

on Human Rights; and the sixth and last chapter covers the

assessments on the Constitutional amendments related to the

judiciary made on 16 April 2017.

I'd like to take this opportunity to thank my wife and

daughters for their patience, love and support in this process, and I

hereby wish the book would be useful to the legal community and

those who are interested in the issue.