Introduction: A Silent Coup
A new law quietly passed in the Turkish Parliament (TBMM) has granted extraordinary powers to the Presidency’s State Supervisory Council (DDK), allowing it to dismiss any public official, regardless of rank or position, without a court ruling.
What makes this law even more alarming is that it includes elected officials, such as mayors.
This law violates not only the rule of law but also the fundamental principles of democracy. Any public official, whether elected or appointed, can now be dismissed simply based on an administrative decision—without judicial oversight.
Is this the beginning of a new state of emergency (OHAL) in Turkey? Or is it the most radical phase of the civilian coup that started after July 15, 2016?
This article will analyze the details of the law, its legal implications, historical precedents, and its potential consequences.
1. What Does the New Law Change?
The recently passed “Law No. 191 on Amendments to Certain Laws” grants extraordinary powers to the State Supervisory Council (DDK).
With this law:
- DDK can remove any public official from office without a judicial decision.
- Even elected mayors can be dismissed by the DDK.
- Professional associations, unions, regulatory bodies, and universities are also within its scope.
- DDK, which was originally a supervisory institution, is now transformed into an executive authority.
This means that the law targets not only public officials but all democratic institutions.
2. Historical Precedents: Similar Laws in Turkey and Around the World
Granting such broad powers to a state institution is a hallmark of authoritarian regimes. Looking at history and global examples, we see that authoritarian leaders have often used similar mechanisms to silence opposition.
Past Examples in Turkey
· September 12, 1980 Military Coup:
- The Martial Law Decree No. 1402 allowed the dismissal of thousands of public officials.
- Elected mayors, academics, and judges were purged.
· February 28, 1997 (Postmodern Coup):
- Thousands of public employees were dismissed under the pretext of “Islamic reactionary activities.”
- The National Security Council (MGK) played a key role in purging dissidents.
· Post-July 15, 2016 Purge:
- 152,000 people were dismissed from public service through emergency decrees (KHKs).
- Thousands of judges, prosecutors, academics, and teachers were fired.
- Assets were seized, travel bans were imposed.
The powers now granted to the DDK go even beyond the emergency decrees issued after July 15.
Similar Authoritarian Practices Around the World
· Nazi Germany (1933):
- The “Enabling Act” allowed Hitler to bypass the judiciary and remove opponents from office.
- Public servants were required to be of “Aryan descent,” leading to mass purges.
· Mussolini’s Fascist Italy (1922-1943):
- “Fascist Exceptional Laws” allowed the central government to appoint mayors instead of electing them.
· Putin’s Russia:
- Since 2014, local elections have been manipulated, and opposition mayors have been removed.
- Many opposition leaders have been arrested under fabricated charges.
With these new powers, Turkey is rapidly moving toward the authoritarian standards of these regimes.
3. Legal Implications: Violations of the Constitution, ECHR, and International Law
This law clearly violates both the Turkish Constitution and the European Convention on Human Rights (ECHR).
Violations of the Turkish Constitution
· Article 127:
- Local governments must operate under the principle of decentralization.
- Elected officials can only be removed by a court decision.
· Article 138:
- Judicial power is exercised by independent courts.
- The DDK’s ability to dismiss officials without judicial review undermines judicial independence.
Violations of ECHR and International Law
· ECHR Article 6 – Right to a Fair Trial
- Any removal from office must guarantee the right to a fair hearing.
· European Charter of Local Self-Government
- Turkey is a signatory to this charter, which explicitly states that elected mayors can only be removed through judicial processes.
This law is completely unlawful under both national and international legal frameworks.
4. Consequences: Where Is Turkey Heading?
This law marks the complete suspension of the rule of law in Turkey.
- A new state of emergency (OHAL) has been unofficially introduced.
- Local governments are now entirely under the control of the central government.
- The opposition, which ignored past human rights violations, now finds itself targeted.
Today, elected mayors are being removed—tomorrow, the crackdown on civil liberties will escalate further.
5. Lessons and Recommendations
- Silence in the face of injustice enables further oppression.
- If we do not speak out today, tomorrow it may be too late.
- Legal appeals to the ECHR and international human rights bodies must be intensified.
This law is a clear indication that Turkey is becoming increasingly authoritarian. If this trajectory continues, Turkey will cease to function as a democratic state.
Now is not the time for silence. Justice survives only when it is defended.
Sources and Further Reading
1. YetkinReport – DDK Law Passed in Parliament
YetkinReport
2. BBC Turkish – Removal of Elected Officials in Turkey BBC Turkish
3. Freedom House – Turkey’s Democratic Backsliding Report Freedom House
Ramazan Faruk Güzel is a former Turkish judge, writer and human rights activist.
@rfguzel)
