2nd Decree Issued in State of Emergency: Closures in Media, Dismissals From Armed Forces, Seizures

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The second decree has been issued in the state of emergency (OHAL) declared by President Recep Tayyip Erdoğan in the evening of July 20 and approved by the Parliament on July 22.

The 2nd statutory decree No. 668 has been issued in accordance with Article 4 of the State of Emergency Law No 2935 on July 25, 2016 by the cabinet gathered under the Presidentship. It has been issued in the repeated issue of the Official Gazette on July 26.

In accordance with the 2nd decree, 684 soldiers have been dismissed from the Turkish Armed Forces (TSK).

Three news agencies, 16 TV and 23 Radio channels, 45 newspapers, 15 magazines/journals as well as 29 publishing houses and distribution channels have been closed.

Gendarmerie General Command and Coast Guard Command have been assigned to the Ministry of Interior.

Dismissals from Turkish Armed Forces

87 generals, 726 commissioned officers, 256 sergeants from Land Forces Command; 32 admirals, 59 commissioned officers and 63 sergeants from Naval Forces Command; 30 generals, 314 commissioned officers and 117 sergeants from Air Forces Command making 684 soldiers in total have been discharged from Turkish Armed Forces.

These soldiers dismissed from the TSK will be dispossessed of their ranks and their positions as officials without requiring a conviction order. They will not be able to serve as public officials and be assigned directly nor indirectly any more.

Their firearms licences will be revoked and they will have to leave the public housings within 15 days.

They will not be able to work as founders, partners or employees of private security firms. Their passports will immediately be cancelled.

Closures in the media

In accordance with the decree, three news agencies, 16 TV and 23 Radio channels, 45 newspapers, 15 magazines/journals as well as 29 publishing houses and distribution channels have been closed.

Cihan News Agency, Taraf daily, Zaman daily and many other local newspapers are among the closed newspapers.

CLICK - 131 MEDIA ORGANS CLOSED BY STATUTORY DECREE

Gendarmerie General and Coast Guard Commands assigned to Ministry of Interior

In accordance with the decree which has made some amendments in the Law for Organization, Duties and Authorities of Gendarmerie as well as Coast Guard Command Law, Gendarmerie General Command and Coast Guard Command have been assigned to the Ministry of Interior.

Seizure, defence

Documents and papers of persons subjected to search practice can be examined by law enforcement staff, seized without court order and submitted to a judge for approval within five days. The judge will announce the decision within 10 days after the seizure otherwise the seizure will be lifted automatically.

The judge and in non-delayable cases the public prosecutor will decide with regards to the detection, wire-tapping and recording as well as assigning a secret investigator and tracking with technical devices.

The authorisation of the lawyer to examine the file and take copies of the documents can be restricted by the public prosecutor if it could endanger the purpose of the case.

The right of the suspect to see the lawyer can be restricted for a period of five days by the public prosecutor yet no testimony will be taken during this period. (BK/DG)