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Martial law and state of emergency in Turkey


Since 1940 Turkey has frequently been under extraordinary rule, either the whole of the country or specific provinces. According to Articles 119-122 of the 1982 Constitution the four types of extraordinary rule are martial law (sıkıyönetim), state of emergency (olağanüstü hal, OHAL), mobilization (seferberlik) and situation of war (savaş hali).

On 27 December 2001 constitutional law professor Dr. Zafer Üskül presented some details in the daily Radikal. The first law passed in 1940 was called law on extraordinary administration (İdare-i Örfiye Kanunu). It was replaced in 1971 by Martial Law. The first law on state of emergency, mobilization and war was passed under military rule in 1983.

Articles 119 and 120 of the 1982 Constitution state on the reasons for the announcement of a state of emergency:

Article 119. In the event of natural disaster, dangerous epidemic diseases or a serious economic crisis, the Council of Ministers... may declare a state of emergency in one or more regions or throughout the country for a period not exceeding six months.

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, 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.

Article 122 of the 1982 Constitution provides:

Article 122. The Council of Ministers, under the chairmanship of the President of the Republic, after consultation with the National Security Council, may declare martial law in one or more regions or throughout the country for a period not exceeding six months, in the event of widespread acts of violence which are more dangerous than the cases necessitating a state of emergency and which are aimed at the destruction of the free democratic order or the fundamental rights and freedoms embodied in the Constitution; or in the event of war, the emergence of a situation necessitating war, an uprising, or the spread of violent and strong rebellious actions against the motherland and the Republic, or widespread acts of violence of either internal or external origin threatening the indivisibility of the country and the nation...


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