‘Back to the Future’ Decision by State of Emergency Commission

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Discharged from public service by a Statutory Decree on October 29, 2016, primary school teacher Engin Karataş appealed to the State of Emergency Commission and requested his reinstatement.

However, the Commission has rejected his request on the ground that he has been protesting to take back his job over the past two years.

Karataş was working as a teacher at a public primary school in Bodrum, Muğla when he was discharged. Since then, he has been staging creative protests to request his reinstatement.

Speaking to bianet about the rejection of the Commission, Karataş says, "Before I was dismissed, no lawsuits had been filed against me and I had never been detained in my life. The day after my discharge and in the following three days, I went to my school and had my classes."

'I started carrying a banner with my knees shaking'

Karataş explains how he started his protests in following words:

"After that, I started following Nuriye Gülmen and Acun Karadağ on Facebook and got impressed by them. I started to carry a banner in silence with my knees shaking at Bodrum Municipality Square in front of my school.

"When the police detained me for the first time and wanted to put me in the cage behind the police car, I told them that I did not want to go in there and said that I would sit on the back seat. I said, 'It is where the criminals sit. I am not a criminal.' When I did not want to go in there, police officers pushed me into it. I have got used to it after that. Now, I go in there myself."

'No concrete evidence for why they dismissed me'

Karataş evaluates the Commission's rejection as follows:

"As the reason for my dismissal, they referred to the lawsuits that they filed against me for demanding my job and supporting others expresing the same demand. Making an examination for three years, the commission could not find anything in my pre-discharge period.

"Around 50 lawsuits and investigations have been opened against me during my resistance and apart from remaining four lawsuits, all investigations and lawsuits have ended in non-prosecution and acquittal.

"They could present no concrete evidence as to why they dismissed me. They listed the ongoing lawsuits that will most probably end in acquittal.

"They provided all justifications after the lawsuits filed against me. I did not demand my job before that, I had already been working..."

Karataş is reminded of his 'loyalty to state'

After Engin Karataş was dismissed from his duty, he appealed to the State of Emergency Commission, stating that "he was discharged from public service even though he had no links with any illegal organizations."

The Commission gave its decision three years after the application on October 7, 2019. The decision of the commission was delivered to him last week. The investigations and lawsuits filed against him due to his "I want my job back" protests are listed in the decision.

After referring to his judicial process, the Commission reminds Karataş of his "obligation of loyalty to the state":

"As it has been indicated in the justification of the law no. 7075, in a democratic country, the officers employed in public service are obligated to fulfill their duties in loyalty to the Constitution and the laws. Within this framework, the criterion of loyalty to the state is required when a person is employed in public service as well as throughout his or her term in office."

Based on the investigations and lawsuits filed against the "I want my job" protests of Karataş, the Commission has concluded that "he has links with the organization" and rejected his request for reinstatement. (AS/SD)