“We inform the Council of Europe that Turkey will temporarily suspend or derogate from the implementation of its obligations emanating from Article 15 of the European Convention on Human Rights (ECHR), in line with the declaration of a state of emergency. A declaration of state of emergency is not against the ECHR.” Deputy Prime Minister Numan Kurtulmuş said.
Kurtulmuş made the following remarks to Anadolu Agency correspondent to correct public misunderstanding regarding the state of emergency and the European Convention on Human Rights.
Noting that the state of emergency marked the beginning of a new period in Turkey and that Turkey was going through a significant period in its political history, Kurtulmuş emphasized that the state of emergency had been declared in Turkey several times before but almost all of them were against the nation.
“I would first of all like to make it clear that the objective of this state of emergency in Turkey is to increase the mobility of the state to better protect the state and the nation against the coup attempt of July 15.” Kurtulmuş said and continued:
“Normal daily life will not be affected by this state of emergency. We will not reverse fundamental rights and freedoms. We won’t retreat from our democratic gains. Turkey’s economic activities will not be disrupted; the economic system continues to function normally. There will not be an intervention in the functioning of the rules of free market.”
“State of Emergency not Against the European Convention on Human Rights”
Reminding that Turkey is a party to the European Convention on Human Rights, Kurtulmuş underlined the fact that the declaration of state of emergency was not against the European Convention on Human Rights.
Kurtulmuş also noted the following:
“A declaration of the state of emergency is not against the European Convention on Human Rights. Article 15 of the European Convention on Human Rights stipulates that contracting parties may declare a state of emergency and derogate from -or suspend in legal terms- its obligations under this Convention in cases that require the declaration of state of emergency. This is what we are doing. Many countries like us, France for instance have also recently proclaimed a state of emergency and they suspended the ECHR, based on Article 15 of the convention. We are also now stating that we will announce our decision to use our rights based on Article 15 of the convention that is to say that Turkey will temporarily suspend the implementation of its obligations emanating from the European Convention on Human Rights (ECHR), in line with the declaration of a state of emergency. This is all the matter is about. A declaration of a state of emergency is not against the ECHR.
The European Convention on Human Rights stipulates that in time of war or other public emergencies threatening the life of the Turkish Republic, any members and high contracting parties may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. Furthermore, not only the European Human Rights Convention but Article 4 of the UN Convention on Political and Legal Rights allow Turkey or any country to declare a State of Emergency in accordance with its legal system legislations. As I see great benefit in explaining this I would like to repeat again. A declaration of a state of emergency is not against the ECHR.”
Kurtulmuş expressed that a state of emergency has been declared in Turkey for a period of three months and stated the following:
“Hopefully, the situation that requires the state of emergency will be removed in the shortest time possible and Turkey will return to normal. We aim to take steps, do what we should do and we wish to finish our jobs and lift the state of emergency in Turkey as soon as possible, one or one and a half months later, I cannot say for certain. Our aim is not to have a state of emergency for many months. We are declaring a state of emergency by taking the necessary steps in our government in order to establish a system where there will never be such a high profile extraordinary threat of coup that the Turkish republic faced and on behalf of the nation call to account those responsible. The speculations made in this regard are groundless. We will not reverse fundamental rights and freedoms in the slightest, as a party to the European Convention on Human Rights we will only use our rights emanating from the convention.”