State Of Emergency
According to the decision of the Council of Ministers dated July 20, 2016 and numbered 2016/9064 announced at the Turkish Official Gazette dated July 21, 2016, the Council of Ministers decided to declare state of emergency throughout the Republic of Turkey for a period of 90 (ninety) days starting from 01:00 a.m. on July 21, 2016 pursuant to article 120 of the Constitution of the Republic of Turkey and article 3/1/b1 of the Law on State of Emergency numbered 2935 (“SoT Law”).
The mentioned state of declaration was approved by the Turkish Grand National Assembly with its decision dated July 21, 2016 and numbered 1116. The term of the state of emergency may be extended by the Council of Ministers each time for a period of 4 (four) months at the most.
During the state of emergency, the Council of Ministers may issue by-laws on matters necessitated by the state of emergency without regard to the limitations and procedures set forth under article 91 of the Constitution of the Republic of Turkey.
Although no measure has been declared to be adopted yet due to state of emergency as per article 3/1/b of the SoT Law, the following measures may be taken in order to preserve general safety, public order and security and to prevent the prevalence of acts of force:
* Prohibiting residence in specific areas, restricting entrance to and exit from specific residential areas, discharging or transferring from specific residential areas,
* Suspension of education at private or public educational institutions at any grade or shutting dormitories indefinitely or for a definite term,
* Supervision of clubs, restaurants, beerhalls, discos, bars, pubs, taverns, dance halls, movie theatres, theatres and similar entertainment venues and amusement arcades, hotels, motels, camping, holiday villages and similar accommodation facilities, and determination, restriction of opening and closing times of these places, shutting such places down when necessary and use of such places as required according to the state of emergency;
* Restriction or cancellation of the annual leave of the employees in charge for carrying out the state of emergency services in the respective area,
* Benefiting from the communication tools and materials within the borders of the area and placing seizure over them temporarily when necessary for such purpose,
* Demolishment of the buildings that pose danger; destruction of movable and immovable assets which endanger health and food items and products which are harmful to health,
* Controlling, restricting or, when necessary, prohibiting the transfer of the specific food products and animals and animal feed and animal products to or from the area,
* Organization of the distribution of the requisite supply of provisions which are considered necessary,
* Taking necessary measures on manufacture, sale, distribution, storage and trade of food products, wares and any fuel required for people’s nutrition, heating, cleaning and lightning; medical products, chemical substances, equipment and other things used for health protection, treatment and medicine; wares and products used for construction, industry, transportation and agriculture; and other goods, wares, tools, equipment and any other products necessary for public; seizure or control of such places when necessary, and shutting down the workplaces of persons who hide, overcharge, cease or decelerate to produce or refuse to sell the mentioned goods considering the qualification and the way of the act executed and provided that such workplace is not of vital importance for the area it is located,
* Taking measures regarding the land, maritime and air traffic order, prohibition of or recording the entrance and the exit of the transportation vehicles to the territory,
* Ordering a curfew or restriction thereof,
* Prohibition of walking around and gathering of people, and transportation at certain places or certain times,
* Searching persons, their vehicles and properties, and confiscation of properties which are used for crimes and those that have evidential value,
* Imposing compulsion to carry identification documents for residents of the territory subject to the state of emergency and others who will enter such territory,
* Prohibition of publication, copy, announcement and distribution of newspapers, journals, brochures, books, flyers and posters and similar products, and entrance and distribution of those which are published and copied outside of the territory or to make the aforementioned conditional upon permits; to levy books, journals, newspapers, brochures, banners and similar products that are prohibited from being published and announced.
* Supervision of tapes of audio, text, picture, film, record, sound and image and any broadcast conducted with sound, and to record or prohibit them, when necessary,
* Ordering banks and other institutions which belong to public or persons and which are of sensitive nature, to take special protection measures for their own internal safety, or to have the same to be increased,
* Supervision, when necessary, suspension or prohibition of any kind of plays and movies screened,
* Prohibition of carrying or transportation of any kind of weapons and bullets, regardless of whether they are licensed or not,
* Prohibition of keeping, preparing, manufacturing or transporting any kind of armouries, bombs, destruction products, explosives, radioactive substances or burning, abrasive, injurious chemicals or any other poisons and choking gases or similar substances, or to making the same conditional upon permits, and requesting the delivery of or levy the same and properties, tools or instruments necessary for the preparation or the production of the same,
* Prohibition of persons and communities, which give the impression that they might violate the public order or public security, from entering into the territory, removing them from the territory or prohibiting them from entering into or settling in the specific places of the territory,
* Regulation of, recording or prohibition of entrance to and exit from the areas within the territory where facilities or institutions that are required to be secured are located,
* Prohibition and postponement of indoor or outdoor meetings and demonstration marches and to make the aforementioned conditional upon permits, or designation, determination and allocation of places and times of meetings and demonstration marches, and monitoring, supervision or dispersion (if necessary) of any meeting which are subject to permits,
* Except for the cases of cessation or termination of employment agreements due to employee’s request, events in contradiction with moral and goodwill principles, health reasons, normal retirement and expiration of the definite-term agreement, postponement of dismissals or making dismissals conditional upon permits, in any case for a period of 3 (three) months at the most by taking the condition of the employer into account,
* Cease of the activities of unions provided that separate resolutions are adopted for each union and the term of cease is limited to 3 (three) months at the most,
* In case of occurrence of the events that cause the declaration or the continuation of the state of emergency within the borders of Republic of Turkey and in adjacent country zones, and detection of the fact that actors, following their activities, have been taken in as refugees in neighboring countries according to the article 121 of the Constitution of the Republic of Turkey and if required, planning and performing cross-border operations with limited objective with the elements of land, air or navy forces withintend to capture or restrain the mentioned actors and the relevant commander within the scope of understanding between the neighboring country and the Republic of Turkey, upon request of governor, provided that the consent of the Government is obtained through the Presidency of General Staff each time.
As mentioned above, no such measure has been declared to be adopted yet.