8- Decree Law no. KHK/683 Published in the Official Gazette no. 29957, dated 23 January 2017
Agencies and institutions closed
(1) The private televisions stated in the annexed list (3) and which are affiliated with, related to or in connection with the terrorist organizations or the structure, formation or groups decided to be in operation against the national security of the State by the National Security Council have been closed.
(2) All movable property and all kinds of assets, receivables and rights as well as documents belonging to closed private televisions closed within the scope of paragraph one shall be deemed to be ex officio transferred to the Treasury free of charge and the immovables belonging to those shall be registered in the title deed on behalf of the Treasury without any restriction and incumbrance of real estate. No rights and demands can be asked from the Treasury due to all kinds of debts thereof. Transactions related to the transfer are carried out by the Ministry of Finance by obtaining the necessary assistance from all relevant institutions.
(Private televisions closed pursuant to Annexed List 3 are: 1) Sivas Dijital Yayıncılık Sanayi ve Ticaret A.Ş. TV Logo: on4 2) Azermedia 12 Radyo Televizyon Yayıncılık A.Ş. TV Logo: Kanal 12)
A part of public officials having affiliation, contact or membership with terrorist organizations have been dismissed from the profession.
Public officials reinstated to their profession
124 public officials that had been dismissed from profession under the Decree-Laws previously enacted are reinstated to their duties as it was established as a result of the investigations that they did not have any connection and affiliation with terrorist organisations. Therefore, all the processes carried out with respect to those persons will be considered as null and void in terms of all their effects and consequences as from the publication of the Decree-Law. With a view to preventing any unjust treatment, the requests for review made by public officials that do not have any connection to terrorist organisations are dealt with in detail and the persons whose objections are accepted are reinstated to their profession.
Institutions and organisations which are closed
Two private television channels that are listed in the annex of the Decree-Law and that have membership, affiliation or connection with terrorist organisations or any structure, formation or group established to carry out activities against the national security by the National Security Council are closed. Their movable and immovable properties and their right to credit are transferred to the Treasury.
Associate Professorship applications
It is regulated that until judicial investigation or prosecution is concluded the process will be ceased for associate professorship applications of associate professor candidates suspended from the profession or having judicial investigation or prosecution because they are considered to have membership or affiliation or connection with terrorist organizations.
Assessment and conclusion
As understood from the measures briefly explained above, public officials that have connection or affiliation or contact with terrorist organizations were dismissed from profession. The aim of these dismissal decisions is to ensure the State’s stability and public order and cease the danger of re-occurrence of coup attempt. Dismissal procedure is not applied in respect of the persons not having connection to terrorist organizations. On the other hand, regulations have been made to reinstate some public officials to their profession as a result of review in order to prevent them from being subject to unjust treatment, and all their rights were reinstated. Also, the scientists engaged in terrorist activities were also prevented from taking new titles. As seen, the review mechanism developed in administrative aspect operates affectively and unjust treatments are being prevented. The Government takes measures, as far as the state of emergency necessitates, in order to ensure public order through showing utmost respect to human right. *