• Modified Date : 25.11.2016 14:20
  • Created Date : 25.11.2016 14:20
  • Activity Date : 25.11.2016


We, as a law institution, which fought against FETÖ even in the years in which the proponents [of the current political power] cooperated with the community [FETÖ] and participated in its conspiracies; which run the risk of paying the price, which did not show a smallest deviation for this cause; which warned that the 15th July will come in advance with its clamours;
which has not hesitated calling terrorism as terrorism since the first day on which we took office; which does not give a smallest rightness to any form of terrorism regardless of the ideology it is based on; which characterizes all terrorist organizations as "betrayal systems" for this country;
and which is present at the same position without showing a smallest deviation today as well, declare that to close 370 Associations which involve 4 law associations in one stroke by this method is utterly "suppression operation". 
The new dimension which the Constitution based OHAL (State of Emergency-herinafter will be referred to as SoE) regime gains gradually by the Decrees Having the Force of Law showed how we are right in our concerns set forth in the clarification that we made on the day when SoE was declared. Today, SoE has clearly turned into a reaper which is considered to have ensured the legitimacy of the "opponents suppression" operations by its concrete practices. 
Neither the punishment of the real persons whose connection with terrorism was found out nor the closure of the legal entities may cause any objection. However, the announcement of such a widespread resolution by being published by the Ministry cannot be accepted. It is possible for the citizens to be satisfied on this matter only by means of the judicial decisions persuaded with their justifications. 
The closure of 370 Associations without any judicial decision may have a ground before neither the law nor the legal system. The closures which were performed by accepting their abstract statements as basis will have "extraordinary" outcomes even for SoE regime regardless of their ideological approaches. Moreover, if those who were determined to have connections with terrorism are actually present within these associations, seeking for closure by this method preferred will cause such results that make it impossible to clean them out. The government which considers the presence of SoE as the excuse of the ant-idemocratic practices for itself will witness that it will be rejected by the European Court of Human Rights after a while. The evaluations which are understood to have been made - within suspension procedure - by disregarding the exceptions guided by the article 15 of the European Convention of Human Rights is entirely unlawful. 
Unfortunately, the most important reason which guides the government to this application is the resolution of the Constitutional Court which considers the inspection of the Decree-Laws impossible. We, as a law institution, believe that this resolution has no ground to be asserted, to be considered worthy to defend or discuss. The government does not see itself as restricted by law anymore after this resolution. The government which gradually takes a leap of faith with the comfort of deactivating the Turkish Grand National Assembly now prefers an unlawfulness which has no bounds in this area. The restrictions imposed on the Right of Defense and the situation in the prisons are the most concrete indicators of this. 
We warn that this course will draw not only the country, but also the government in the meanwhile to a calamity. The use of the insufficiencies, which completely have a tendency to increase and which cannot be satisfied, in "wide area" considered to have been acquired with SoE is the effort of legitimizing the unlawfulness. 
This will have very severe outcomes.