ANNOUNCEMENT ON THE DECISIONS OF THE INQUIRY COMMISSION ON THE STATE OF EMERGENCY MEASURES (31 December 2020)
The Inquiry Commission on the State of Emergency measures reviews and concludes the applications concerning the measures adopted under the state of emergency decree-laws, such as the dismissal of public officials, cancellation of scholarship, annulment of the ranks of retired personnel and the closure of some institutions. The Commission employs a total of 240 personnel, 75 of whom are rapporteurs (judges, experts, inspectors).
Application Process and Classification
Decisions of the Commission
State of Applications
As an effective remedy, the Commission delivers individualized and reasoned decisions as a result of speedy and extensive examination. The Commission conducts the examination in terms of membership, affiliation, connection or contact with terrorist organizations or structures/entities or groups established by the National Security Council as engaging in activities against the national security of the State. In addition, decisions taken by the judicial authorities are monitored through the UYAP system.
The mandate of the Commission was extended for one year in line with Article 3 of the Law no. 7075 with the Presidential Decree no. 2020/562 published in the Official Gazette dated 25 December 2020.
Announced to the public.
The Inquiry Commission on the State of Emergency Measures Activity Report (2019) published
The work of the Inquiry Commission on the State of Emergency Measures since its inauguration, all activities from the data analysis system created to the evaluation criteria, from the detection of illegal activities of FETÖ to decision samples has been reported in both Turkish and English.
In the report, which gives information about the establishment of the commission, it is stated that 126 thousand 300 applications have been submitted to the Commission so far. In the report, which pointed out that the Commission has concluded approximately 80 percent of the applications within two years, it was reminded that the processes related to the applications can be followed in the application tracking system on the Commission's website. The report also provides information on how the application is being examined and what is being done in the decision process. In the "Application Examination System" created by the Commission, it was stated that the information obtained from more than 20 institutions was included and interrogations were made under 63 separate headings. Images of this system were also shared.
In the section titled " Application Assessment Method of the Commission on the State of Emergency” in the annual report, it is explained that in every case examined by the Commission the reasons for dismissal and the data gathered have been assessed with due diligence having regard to the submissions in the petitions of application and the Commission's approach for the assessments focuses mainly to identify whether individuals have acted in line with the order and instructions of the terrorist organization.
In the report, it is cited that the Commission examines every case individually and renders a reasoned decision. In that connection, applications of 620 spouses whose spouses’ applications were rejected due to their connection with the organization in line with the examinations carried out by the Commission, have been accepted. In addition, it is stated that the Commission keeps track of the decisions of the judicial authorities through the UYAP (“National Judiciary Informatics System”) and regardless of the investigations and prosecutions carried out by the judicial authorities within the scope of the membership of the terrorist organization, the Commission issued decisions as a result of an administrative review and evaluation whether there was association or connection.
In the report, it is pointed out that efforts have been made to return the rights of the individuals victimised by the organisation FETÖ and individuals who were deceived by the organisation through shared ADSL lines and usage of Bylock on the GSM phone numbers which have been given to relatives. It is explained in the Report that the applications are concluded with reasoned decisions and acceptance and rejection decision samples are also included.
In the report, the criteria used by the Commission in examining applications are listed as follows:
“Information and findings in the judicial investigations and prosecutions, information on the usership of intra-organisational communication software used by the FETÖ/PDY organisation such as Bylock, eagle etc., information on whether applicants have opened a new account and deposited money directly or via taking a loan from another bank at Bank Asya with a view to provide support upon the instruction of the leader of the FETÖ/PDY, information on whether applicants have become members or leaders of the unions, associations, foundations and federations which have been shut down due to their membership, association and connection with the terrorist organisation FETÖ/PDY, information on whether certain personnel of the security forces have also been subject to proceedings in the “active coup cases” (i.e. the cases with the charge of actively participating in the coup attempt), information about the security personnel named in the lists of Martial Law Appointment List, Regional Commanders List and the Council List during the coup attempt process, information on Payphone/Sequential calls within the scope of organisational contact between the FETÖ’s secret imams and security personnel, information about the personnel of the Turkish national police, who were found to have been “coded” (i.e. profiled) with respect to their allegiance to the FETÖ organisation, information about the individuals who were found to have played a secret role within the FETÖ organisation with a view to ensuring the organisational commitment and loyalty of the security forces personnel, information about the investigations concerning the organisational infractions committed in the Public Personnel Selection Exam (KPSS), Entry Exams for Public Institutions and Police Sub-inspector examination, and so on, information about individuals who used GSM phone numbers for organisational purposes in the process of placing members of the FETÖ organisation inside public institutions, information about individuals against whom judicial investigations have been carried out concerning incidents of intra-organisational arranged marriages and placement in jobs, information as regards the records of employment at the associated establishments, information on financial support, suspicious money transfers to the sponsor establishments and other financial information, information on connection with the media outlets associated with the organisation and information collected from examinations, inquiries and administrative investigations carried out by institutions .
In addition, it is reported that, in cases where it is detected that the file has been prepared on the basis of superior chief’s opinion; this opinion, subscription payment to the gazette associated with the organisation or membership to the closed institutions associated with the organisation only have not been considered as a reason for dismissal of application.
In the report, which also describes the secret structuring of FETÖ, it was stated that the secret service stands for secret activities carried out on behalf of the organisation through infiltrating the most critical and operational organs of the State.
In the report, it is noted that the judiciary, national police, civil services, the Turkish Armed Forces (TSK), the National Intelligence Organisation (MİT), and some special institutions are accepted as secret places by FETÖ. It is shown that members of the organisation in the institutions such as national police, TSK and MİT generally operate under civil imams who are not connected to the relevant institution and these service units have a cell structuring. In the report, it is pointed out that in secret services, specially chosen members of the organisation who will perform the instructions from Fetullah Gülen or the senior executives of the organisation without questioning rationality, religion, legislation and ethics, and who show absolute obedience and submission, are assigned. Instances for secret structuring were also included in the report.
In the "Unlawful Activities of FETÖ in Entry Examinations for Public Institutions" section of the annual report, It is explained that the organisation had obtained the exam questions of the entry exams for public institutions illegally and had given them to the members of the organisation in houses called “Cram House for Public Personnel Selection Exam (KPSS)/Institutional Exams”, located mostly in Ankara and owned by the FETÖ/PDY Terrorist Organisation.
The Details of the Decisions
The final section of the report contained information on visits to the Commission.
It is stated that the report is intended to "convey comprehensive information about the work of the commission to the public" and that the study will be shared with the representatives of the legislative, executive, judicial and media, as well as the members of international organizations. The entire OHAL Commission's annual report can be accessed on the website https://ohalkomisyonu.tccb.gov.tr/ and https://soe.tccb.gov.tr/.
The number of decisions exceeded 100 thousand
The Commission, which had decided on 98,300 application files as of the end of 2019, has continued to work without interruption and as a result of its examination and evaluation has delivered decisions on a further 3,200 files, reaching 101,500 in the total number of decisions.
The Commission has delivered 101,500 (10,200 accepted, 91,300 rejected) decisions as of January 31, 2020 and the remaining 24,800 files are expected to be finalized within this year.