Vice PM: European Convention on Human Rights Suspended in Wake of State of Emergency

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Vice Prime Minister Numan Kurtulmuş has announced that the European Convention on Human Rights  (ECHR) in accordance with its Article 15 has been suspended upon declaration of State of Emergency (OHAL)  in wake of coup attempt.

According to the report of Deniz Zeyrek from Hürriyet daily, some headlines from Kurtulmuş’s statement who came together with media representatives are as follows:

“Turkey has declared State of Emergency several times but it has always been against the nation. The current OHAL has not been declared against the nation but against this structure [Gülen Movement] within the army.

“We guarantee that there will be no action against the nation. The convention [European Convention on Human Rights] will be suspended in accordance with its Article 15 and the convention will not apply in these three months.

“There will be no curfew, there will be no compromise in fundamental rights. There will not even be a slightest disruption in functioning of the rules of free market.

“We iterate that no one with a different way of life or from other political parties will be disturbed. Turkey has not experienced such a great treason earlier but has survived this crisis.

“It is obvious that they have prepared a coup to scatter Turkey, and that there are serious deficits regarding state institutions. The first step is to discharge members of FETÖ (Fethullahist Terror Organization)  and then to eliminate the deficits. Our aim is to keep the OHAL as short as  possible and hopefully we will complete our works within 1-1,5 months, lift it and go back to normal.

Article 15 ECHR: Derogation in time of emergency

Article 15 of the convention which allows the contracting states to take measures derogating from its obligations provides the exception that “no derogation from Article 2 [Right to life], except in respect of deaths resulting from lawful acts of war, or from Articles 3 [Prohibition of torture], 4 [Prohibition of slavery and forced labour] (paragraph 1) and 7 [No punishment without law] shall be made under this provision”.

The Article also requires that the contracting state “keeps the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed”. (NV/DG)