ANNOUNCEMENT ON THE DECISIONS OF THE INQUIRY COMMISSION ON THE STATE OF EMERGENCY MEASURES
(12 January 2023)
The Inquiry Commission on the State of Emergency Measures, which was established by the Law no. 7075, 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 closed institutions and organisations. A total of 205 personnel including 65 rapporteurs (judge, expert, inspector) were assigned within the Commission.
The Commission established a special information processing infrastructure for the procedures of receiving applications, archiving and examination in electronic environment, and this information obtained from more than 20 institutions and organisations was recorded in this system. The procedure of classification, recording and archiving of a total of 497,698 documents were completed together with the personnel files obtained from the institutions, court files and previous applications. With the decree laws issued under the state of emergency a total of 131,922 measures were taken including 125,678 incidents of dismissal from public service.
The Commission Concluded all of 127,292 Applications
As of 12 January 2022, the number of applications filed with the Commission is 127,292. The number of decisions taken by the Commission, which started the decision-making process as of 22 December 2017, is 127,292 (17,960 accepted, 109,332 rejected). 72 of the acceptance decisions are related to the opening of closed institutions (associations, foundations, television channels, newspapers, schools). Accordingly, decisions were delivered on all of the applications during the Commission’s mandate.
The decisions of the Commission are delivered to the institutions where the persons last served in order to be notified, and the notification procedure is made by these institutions. Appointment procedure of those whose applications are accepted will be made by the institution where the person last served and the Council of Higher Education, where relevant. An action for annulment may be filed against the institution or organisation, where the relevant person last served, before the Ankara Administrative Courts determined by the Council of Judges and Prosecutors against the decisions of the Commission within sixty days from the notification of the decision.
The applicants may obtain information about the progress of the applications filed with the Commission and the outcome of the decision (“Acceptance” or “Rejection”) through the programme of “Application Tracking System” on the website of the Commission. The Commission's Activity Report may also be accessed on the website.
As an effective domestic remedy, the Commission delivered an individualised and reasoned decision on the applications as a result of a rapid and at the same time thorough examination. The Commission conducts its examination in respect of membership of, relation to, connection with and affiliation to the terrorist organisations or structures, formations or groups established by the National Security Council as engaging in activities against the national security of the State. In addition, the decisions taken by the judicial authorities are followed through the UYAP system.
The Commission Accomplished Its Mission
The term of office of the Commission, which has rendered decisions in respect of all applications filed with it, will end on 22 January 2023. Necessary arrangements have been made in the provisional Article 5 added to the Law No. 7075 by Article 10 of the Law No. 7429 on the execution of the acts and procedures concerning the actions brought before the courts against the decisions of the Commission.
Announced to the public.