The new Turkey |
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31-Aug-2020 | |
The extensive Decree Law 694, in 205 articles, amends over 100 laws and decrees, “substantially [altering] 12 critical laws,” including those on the state intelligence service, judges and prosecutors, the Turkish Armed Forces, foreigners, the organization of the military and military schools. (Metin Gurcan, Erdogan Hastens Executive Presidency with New Decree, AL-MONITOR (Aug. 30, 2017).) Other important amended laws affect civil servants, the duties and organization of the Ministry of National Defense and of the gendarmerie, health organizations, and the administrative structure of the state. (Oya Armutçu, New Turkish State of Emergency Decrees Ties Intelligence Agency to President, HÜRRIYET DAILY NEWS (Aug. 25, 2017); OlaganuÌstuÌ Hal Kapsaminda Bazi DuÌzenlemeler Yapilmasi Hakkinda Kanun HuÌkmuÌnde Kararname [Decree Law on Some Arrangements to Be Made During the State of Emergency], KHK No. 694, arts. 60-78, RESMÎ GAZETE [OFFICIAL GAZETTE], No. 30165 (Aug. 25, 2017) (click on KHK No. 694 hyperlink to view text).) The Decree significantly adjusts the state intelligence and security bureaucracies and provides for the recruitment of “thousands of police and judiciary personnel.” (Gurcan, supra.) Moreover, it is described as hastening the process of the transformation of the state to an executive presidency. (Id.) Particularly noteworthy are the major changes to the organizational structure of Turkey’s National Intelligence Agency (MÄ°T) made under Decree Law 694 through the amendment of the Law on State Intelligence Services and National Intelligence Organization. For example, the Decree Law brings the Agency under the authority of the President of Turkey. (Armutçu, supra; KHK No. 694, arts. 60-78;Devlet Ä°stihbarat Hizmetleri ve Milli Ä°stihbarat Teskilati Kanunu [Law on State Intelligence Services and National Intelligence Organization] (Nov. 1, 1983, as last amended effective Sept. 1, 2016), Law No. 2937, MÄ°T website.) Thus, the Prime Minister will no longer oversee the MÄ°T undersecretary; instead, the President, currently Recep Tayyip Erdogan, will directly appoint not only the undersecretary but MÄ°T’s deputy undersecretaries and other top management officials. (Armutçu, supra.) Other changes in regard to MIT include the following:
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