The new Turkey |
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31-Aug-2020 | |
The Turkish government had also issued additional emergency decree laws in June and July 2017. Among other changes, Decree Law No. 691 of June 22, 2017, in 12 articles, adds Additional Article 10 to the Military Service Law, prescribing that “those who are members or have a relation to terrorist organizations or organizations that participate in actions against the state’s national security … will be taken under arms [sent to perform military service]” if they had previously been exempted. (New Decree Law in Turkey Imposes Military Service on Terror Convicts, HÜRRIYET DAILY NEWS (June 23, 2017); Olağanüstü Hal Kapsaminda Bazi Düzenlemeler Yapilmasi Hakkinda Kanun Hükmünde Kararname [Decree Law on Some Arrangements to Be Made During the State of Emergency], KHK No. 691, art. 2, RESMÎ GAZETE, No. 30104 (2. Mükerrer) (June 22, 2017); Askerlik Kanunu [Military Service Law], Law No. 1111 (June 21, 1927, as last amended effective Aug. 25, 2017), MEVZUAT.) According to Minister of Defense Fikri Isık, the new measure also was aimed at police officers who were exempted from military service, which otherwise is obligatory for all male Turkish citizens. He noted that if police officers leave their positions before completing their tenth year in force, they must fulfill the military service obligation. In some cases, however, police officers had been exempted from that obligation. The new Decree Law is aimed at those officers who had been exempted, making military service mandatory for them. (New Decree Law in Turkey Imposes Military Service on Terror Convicts, supra.) The June Decree Law also changes the protocol for detecting obstacles to helicopters by prescribing that information about any buildings, facilities, and any similar structures to be constructed or removed in Turkey that may affect flight safety is to be confirmed by the institutions and organizations that make, install, remove, construct, or permit the removal of these buildings and facilities and sent to the Map General Command. Those institutions and organizations are also responsible for ensuring that the information is updated regularly and sent to the Map General Command, which will publish this information electronically. The Ministry of National Defense will issue regulations that specify the principles and procedures for the implementation of this measure. (Id.; KHK 691, art. 1, adding Additional Article 5 to the Map General Command Law; Harita Genel Komutanligi Kanunu [Map General Command Law], Law No. 657 (Apr. 22, 1925, as last amended effective June 22, 2017), MEVZUAT.) This new provision comes in the wake of a deadly May 31 crash of a helicopter that hit a high-voltage transmission line, killing 13 persons. (New Decree Law in Turkey Imposes Military Service on Terror Convicts, supra.) The June Decree Law additionally amends some provisions in Turkey’s criminal laws related to terrorist crimes. The Decree Law states, for example, that if a cautionary judgment has been made about the property of real and legal entities in cases involving crimes against the state and terrorism, but the court lacks grounds for legal action, the caution will now be lifted in two years, rather than the previously established one year. (Id. art. 7, amending art. 20A ¶ 1 of the Anti-Terror Law; Terörle Mücadele Kanununun[Anti-Terror Law], Law No. 3713 (Apr. 12, 1991, as last amended effective Aug. 25, 2017), MEVZUAT.) Furthermore, in cases involving crimes against the state, participation in a coup attempt, or terrorism, if a defendant’s address is unavailable “the court will only have to declare the summary of the case in a national newspaper with a circulation of over 50,000. No further notification will be made to inform the defendants.” (New Decree Law in Turkey Imposes Military Service on Terror Convicts, supra; KHK 691, art. 7, adding a new paragraph after art. 20A ¶ 1 of the Anti-Terror Law.) In an amendment to the Military Criminal Code, the June Decree Law prescribes that soldiers who have stayed outside of Turkey for more than three days without official permission “will be considered ‘fugitive’ and punished accordingly.” (New Decree Law in Turkey Imposes Military Service on Terror Convicts, supra; KHK 691, art. 3, amending the Military Criminal Code (May 22, 1930, as amended), No. 1632, art. 67 ¶ 1A; Askerî Ceza Kanununun [Military Criminal Code], Law No. 1632 (May 22, 1930, as last amended effective Aug. 25, 2017), MEVZUAT.) Turkey’s Constitutional Court had previously decided to cancel the prison terms of soldiers who were abroad without permission. (New Decree Law in Turkey Imposes Military Service on Terror Convicts, supra.) Isik stated that this provision is aimed at ensuring that there are no legal loopholes for fugitive members of the Fethullahist Terror Organization who have fled abroad. (Id.) |
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