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Since 1940, Turkey has frequently been under extraordinary rule, either the whole of the country or specific
provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
. According to Articles 119-122 of the 1982 Constitution the four types of extraordinary rule are
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...
(''sıkıyönetim''),
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
(''olağanüstü hâl'', OHAL),
mobilization Mobilization is the act of assembling and readying military troops and supplies for war. The word ''mobilization'' was first used in a military context in the 1850s to describe the preparation of the Prussian Army. Mobilization theories and ...
(''seferberlik'') and situation of war (''savaş hâli''). Martial law has been abolished and all other forms have been merged into single form of
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
since 2017 amendment to Turkish constitution.


History

On 27 December 2001 constitutional law professor Dr. Zafer Üskül presented some details in the daily ''
Radikal ''Radikal'' () was a daily liberal Turkish language newspaper, published in Istanbul. From 1996 it was published by Aydın Doğan's Doğan Media Group. Although Radikal did not endorse a particular political alignment, it was generally considered ...
''. The first law passed in 1940 was called law on extraordinary administration (''İdare-i Örfiye Kanunu''). It was replaced in 1971 by Martial Law. The first law on
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
, mobilization and war was passed under military rule in 1983.


Legal background

Article 119 of Turkish constitution regulates state of emergency.


Imposition of martial law

At the end of 2001 law professor Dr. Zafer Üskül stated that 40 of its 78 years the
Republic of Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
had, in some or other part of it, been under extraordinary rule. In December 1978 martial law was imposed in 13
provinces A province is almost always an administrative division within a country or state. The term derives from the ancient Roman ''provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions outsi ...
in response to violent incidents in
Kahramanmaraş Marash (Armenian: Մարաշ), officially Kahramanmaraş () and historically Germanicea (Greek: Γερμανίκεια), is a city in the Mediterranean Region of Turkey and the administrative center of Kahramanmaraş Province. Before 1973, Kahrama ...
. During the nine months after the Kahramanmaraş riots the government extended martial law to cover 20 provinces.Report of
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
(AI Index: EUR/44/65/88 - November 1988) ''Human rights denied''
Introduction in plain text
Ob.nubati.net,accessed on 4 September 2009
When the military seized power on 12 September 1980 the five generals of the
General Staff A military staff or general staff (also referred to as army staff, navy staff, or air staff within the individual services) is a group of officers, enlisted and civilian staff who serve the commander of a division or other large military un ...
announced
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...
in all of the existing 67 provinces of Turkey. From December 1983 military rule was gradually withdrawn. It was finally lifted throughout Turkey in July 1987. On 1 July 1982 five states (Denmark, Norway, Sweden, France and the Netherlands) filed an application against Turkey with the
European Commission of Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...
. In December 1985 a friendly settlement was reached that demanded that Turkey should lift martial law within 18 months. Turkey did as requested, only to replace martial law by emergency legislation.German source: hearing in parliament (''
Bundestag The Bundestag (, "Federal Diet") is the German federal parliament. It is the only federal representative body that is directly elected by the German people. It is comparable to the United States House of Representatives or the House of Commons ...
'') on 11 and 12 May 199
Expert Helmut Oberdiek on Human Rights in Germany's internal and foreign affairs
Ob.nubati.net, accessed on 4 September 2009


State of emergency


See also

*
State of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
*
Martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...
*
1960 Turkish coup d'état The 1960 Turkish coup d'état ( tr, 27 Mayıs Darbesi) was the first Turkish coup d'état, coup d'état in the Turkey, Republic of Turkey. It took place on May 27, 1960. The coup was staged by a group of 38 young Turkish Armed Forces, Turkish m ...
* 1971 Turkish coup d'état *
1980 Turkish coup d'état The 1980 Turkish coup d'état ( tr, 12 Eylül Darbesi), headed by Chief of the General Staff General Kenan Evren, was the third coup d'état in the history of the Republic of Turkey, the previous having been the 1960 coup and the 1971 coup by ...
*
Kurdish–Turkish conflict Kurdish nationalism, Kurdish nationalist uprisings have periodically occurred in Turkey, beginning with the Turkish War of Independence and the consequent transition from the Ottoman Empire to the modern Turkish state and continuing to the prese ...
* Inspectorates-General


References

{{Reflist Government of Turkey
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
Law of Turkey