THE LIST WAS READY TWO YEARS AGO

There's Prosecutor Ahmet Bicer's name on the list. He was deceased 57 days before the arrests started. On the other hand, on the list: there are city names that colleagues work which shows not current places but the places they used to work 2 years ago. All this info show that the list was ready at least 2 years ago. The names of the 2014 Summer Decree of the High Council of Judges and Prosecutors and the current suspension list coincide.

Source: http://t24.com.tr/haber/hsyknin-darbe-girisimine-iliskin-aciga-aldigi-savcilardan-biri-2-ay-once-olmus,350943

FREEZING ASSETS OF 3049 JUDGES AND PROSECUTORS

English: After the demand of the chief prosecutor of Ankara, ‘Penal Judge of Peace’ (Sulh Ceza Hakimligi) gave decision to freeze assets of 3049 judges and prosecutors who were suspended under the Turkish Criminal Law article 128 on the 31^st of July. Because of the procedural law, when ‘Penal Judge of Peace’ (Sulh Ceza Hakimligi) gives the decision, then there is an appeal way to the other ‘Penal Judge of Peace’ (Sulh Ceza Hakimligi).

https://zete.com/3049-hakim-ve-savcinin-mal-varliklarina-tedbir-konuldu/

REPORTED BY LAWYER

City: Manisa

Harun Bulut: Prosecutor/Husband (Detained, Arrested) (His name was not on the list)

Ayfer Bulut: Judge/Wife They have kids; one is 2 years old, the other is 6 months old. Now, Judge Ayfer Bulut has to take care of everything alone.

Source for arrest: http://www.ulusalkanal.com.tr/gundem/harun-bulut-tutuklandi-h113079.html

REPORTED BY LAWYER

City: Agri

Hasan Yuksel: Husband/Prosecutor (Detained/Arrested)

Sule Yuksel: Wife/Judge (Detained/Released)

They moved to Agri from Izmir last month, after the decree by the High Council of Judges and Prosecutors.

The distance between two cities is 1640 km (about 1000 miles)

They have one kid: 2.5 years old. Now, Judge Ayfer Yuksel has to take care of everything alone.

Source for the arrest: http://patnosgundem.com/patnosta-feto-sorusturmasi-kapsaminda-tutuklandi.html

Source for the decree: http://www.hsyk.gov.tr/Eklentiler/files/adli(1).pdf

Line: 2644

City: Manisa

Tuna Ozbek: Judge/Father (Detained/Arrested)

Judge Ozbek detained/arrested on the 22^nd of July, 2016. He is married and has two kids. One of them is 6 years old, the other is 1.5 years old.

Older kid goes to kindergarten. His wife does not work, and she has to take care of everything alone.

Source for the arrest:

http://www.manisakulishaber.com/gundem/alasehirde-48-ogretmen-aciga-alindi/22000/

REPORTED BY LAWYER

City: Antalya

Huseyin Aksoy: Prosecutor/Husband (Detained/Arrested)

Esma Aksoy: Judge/Wife (Detained/Arrested)

They were arrested on the 1^st of August, 2016. They have two kids. One is 10 years old, the other is 12 years old. At the interrogation they were asked which way they voted at the High Council of Judges’ election. Because they voted not in favor of the pro government list, they were arrested.

Source for the arrest:

http://www.aksam.com.tr/guncel/fetocu-cumhuriyet-savcisi-tutuklandi/haber-538119

REPORTED BY LAWYERS

City: Denizli

23 judges and prosecutors are suspended and all these are eligible to be appointed to be Supreme Court Justices based on their professional career.

On the 17^th of July, 2016, all these colleagues’ houses were searched after breaking down the doors. Because it was Sunday, some of them were not home.

Due to the lack of any evidence, Judge Halim Aktas rendered decisions about all of them to be released. Then, an investigation was started against Judge Halim Aktas. In the meantime, the High Council of Judges and Prosecutors assigned Judge Sevki Ulucam for the position of Penal Judge of Peace (Turkish: Sulh Ceza Hakimlikleri), then this judge decided to detain all judges and prosecutors.

Source for the detention/arrest: http://www.milliyet.com.tr/denizli-de-75-kisi-tutuklandi-920-gundem-2285140/

Prosecutor Zeki Yalcin was under treatment for his late-stage cancer. He was detained on the 17^th of July, 2016, then he was arrested.

Sources:

http://www.duzceninsesi.com.tr/Gundem-Haberleri/35238-fetocu-savci-ve-hakimler-adliyeye-cikarildi

(on the arrest of Zeki Yalcin)

http://www.aktifhaber.com/bassavci-vekiline-kis-ortasinda-surgun-1099453h.htm

(on the cancer treatment)

REPORTED BY LAWYER

Judge Aziz Ulupinar and another judge (whose name was not publicly announced) had heart attacks during the interrogation while under custody at the court house of the city of Izmir.

Source: http://www.hurriyet.com.tr/2-hakim-ifade-sirasinda-kalp-krizi-gecirdi-40153322

REPORTED BY LAWYER

City: Kars

Prosecutor: Yusuf Hotalak (husband)

Judge: Elif Aycan Hotalak (wife)

They have 2 babies. One is 3.5 years old, the other is 9 months old.

While they were on vacation, they were noticed to be detained and they got back to the city of Kars from thousand kilometers away, and then arrested.

Mother/Judge Elif Aycan Hotalak was not permitted to breastfeed and to be with her 9 months old baby.

Chief Public Prosecutor claimed her to be a ‘betrayer’ and decided her not to see the baby anymore.

Source for the Detention: http://www.hurriyet.com.tr/2-bin-745-hakim-ve-savci-icin-gozalti-karari-cikti-40149496

REPORTED BY WIFE

Muhsin Durmaz (Judge in Istanbul)

He was transferred from Mardin (used to be the Chief Judge of the Criminal Court at that time) to Istanbul against his will in 2015.

He was under treatment for his lung cancer. He was arrested on the 20^th of July, 2016, after waiting many hours wrapped in a blanket.

He was interrogated at midnight, without having any food or drink for many hours. He slept on an iron chair for hours. He was not given permission to contact with his wife during this process.

His house was searched without supervising by a prosecutor (which is mandatory by law). His laptop and hard disks were seized and the image was not given.

His wife wants him to be transferred to out of country for the cancer treatment.

Source for the transfer: http://www.milliyet.com.tr/300-hakim-savciya-paralel--gundem-2073295/

 REPORTED BY WIFE

Mehmet Aslan (Judge / Diyarbakir): Detained and Arrested

After detention he could contact with his wife for the first and the last time. They spoke on the phone for a few minutes. During the interrogation he was asked:

                  During the coup attempt who were you with and what did you speak on?

                  Which high school did you graduate?

                  Which test prep center (Turkish: Dershane) did you go to?

                  Did you participate the counting of the elections of High Council of Judges and Judges in 2014? Did you record the counting?

The Judge’s mother started to suffer from zona (skin disease) after the arrest.

The Judge’s attorney doesn’t answer the calls anymore because of the fear.

His wife thinks that he did not tell the details because did not want to bother his wife with the situation in the custody.

SOURCE for the detention: http://www.antalyaguncel.com/hakkinda-sorusturma-acilan-hakim-ve-savcilarin-il-il-listesi/146353/

Kamile Kildan (Wife / Judge / Diyarbakir): Detained and Released

Ismail Turgut Kildan (Husband / Prosecutor / Diyarbakir): Detained and Arrested

Kamile Kildan told that during the interrogation, prosecutor has no evidence but the list in front of her. She believes that the list and the questions came from the central government.

They have a kid who has down syndrome.

During the interrogation she was asked:

                  During the coup attempt who were you with and what did you speak on?

                  Which high school did you graduate?

                  Which test prep center (Turkish: Dershane) did you go to?

                  Did you participate the counting of the elections of High Council of Judges and Judges in 2014? Did you record the counting?

She saw there was a 2 pages long list in front of them. Because the prosecutor knew her kid’s situation, started to cry and released her. She was the only person released that day. The prosecutor told her that he is in real danger now because of the decision he made.

She told that everybody was talking about a new list of 1500 names that was prepared, and anybody could be on the list anytime.

She witnessed that some judges who arrested the other judges were crying after the procedure.

His husband was arrested, but this judge took a 30 minutes break before the decision, and announced the decision without looking his husband’s face.

SOURCE for the detention: http://www.antalyaguncel.com/hakkinda-sorusturma-acilan-hakim-ve-savcilarin-il-il-listesi/146353/

REPORTED BY FRIEND

Ebru Acikgoz  (Judge / Isparta,Yalvac) Detained

Bilal Acikgoz (Prosecutor / Isparta, Yalvac) Detained

They have a 1,5 months old baby and they both were detained. Detention time is 30 days according to the law under the state of emergency.

Their house was searched. 

SOURCE for the detention: http://www.antalyaguncel.com/hakkinda-sorusturma-acilan-hakim-ve-savcilarin-il-il-listesi/146353/

Simsek declared that Gulen movement was behind the coup attempt, “We have evidences about this. Therefore, we identified the names of military personnel, police officers, and public officers’ weeks ago.”

Source: http://www.dw.com/tr/şimşek-isimleri-önceden-tespit-etmiştik/a-19425396

Source in German: http://www.salzburg24.at/tuerkischer-minister-raeumt-existenz-schwarzer-listen-ein-2/apa-s24_1431015520

According to the journal diken.com Minister Zeybekci, Minister of Economy, made a public speech in Denizli and Usak, and declared that:

“These betrayers will be punished the way people want it. We will put them in a hole and they will be punished there, they will breathe but they will not see the sun of the God anymore. They will not see the sunlight. They will never hear the voice of a human being again. They will beg us to be killed. It will be worse than the execution. …”

Source: http://www.diken.com.tr/bakan-zeybekciden-adil-yargilama-sinyali-gebertin-bizi-diye-yalvaracaklar/

Second Source:

http://www.hurriyet.com.tr/bakan-zeybekci-bunlara-oyle-bir-ceza-verecegiz-ki-40177470

GENEL DURUM

15 Temmuz darbe girişiminin ardından Anayasa, kanun ve sözleşmelerle güvence altına alınan hakların ya engellendiği ya da hiç kullandırılmadığı,

Hukukun tümüyle askıya alındığı, insan haklarının sistematik biçimde ihlal edildiği,

Başta yaşam hakkı olmak üzere gözaltına alınanlara ve tutuklulara sistematik biçimde işkence yapıldığı,

Savunma hakkının eylemli biçimde engellendiği, tehdit ve baskılarla korku iklimi oluşturulduğu,

Cezaevinde bulunan tutukluların yakınları ile iletişim kurdurulmadığı,

Savunma kapsamında belge alınamadığı ve verilemediği, verilecek dilekçelerin örgüt kapsamında değerlendirileceği,

Tutuklu yakınlarına yönelik cezalandırma amaçlı mallarına el konulduğu,

Banka ve kredi kartlarının kullandırılmadığı, en temel ihtiyaçlarını karşılamaya yönelik hesaplarından para çekemedikleri,

Tutuklu yakınlarının yalnızlığa ve sokağa mahkûm edildikleri,

Avrupa kıtasında Holokost’tan bu yana bu kadar geniş, yaygın ve sistematik devlet eliyle insanlık dışı muamele ve insanlığa karşı suç işlenmediği, bu suçları işleyenler hakkında hiçbir işlem yapılmadığı gibi şikâyette bulunma ihtimali olanların terör şüphesiyle gözaltına alındığı, günlerce işkence sonrasında itiraf adı altında işlemlere maruz kaldıkları,

GÖREVDEN ALMALAR:

HSYK’nın yine aynı saatlerde 2745 hâkim ve savcıyı, takip eden günlerde de 648 hâkim savcıyı açığa aldığı, yürütmeden bağımsız olmayan HSYK’nın yine kendi içinde bağımsız karar alamayan ve çalışma usulüne göre hiyerarşik bağlılığı olan müfettiş raporlarına dayalı olarak yaptırdığı fişlemeleri bu işlemlere esas tuttuğu ve keyfi biçimde atamalarda bulunduğu,

Bu eziyeti görenlerin tamamının, HSYK seçimlerinde yürütme lehine oy vermeyen, YARSAV ve bağımsız adaylara oy veren, hükümet ve yasama ile arasına mesafe koyan, bağımsız kalacağını her yerde ifade eden 3400’e yakın hâkim ve savcıdan oluştuğu,

Yürütülen soruşturmalara esas alınan müfettiş raporlarının, tamamen idarenin istihbarat kuruluşlarınca hazırlanmış dedikodularına dayandığı,

Bu hâkim ve savcılar hakkında bağımsız ve tarafsız olmayan, kuruluşu ve çalışma usulleri önceden açıklanmış ilke kararlarına dayanmayan, objektif ve sübjektif olarak iktidarla birlikte ve iktidarın emrinde görüntüsü veren özel yetkili savcılar ve sulh ceza hâkimlerince gözaltı kararı verilip tutuklama yaptıkları,

Hâkim ve savcılar hakkında özel soruşturma usullerinden hiç birine uyulmadığı,

Darbe teşebbüsünün ertesi gününde ve erken saatlerde 200’e yakın Yargıtay ve Danıştay üyesi hakkında soruşturma başlatıldığı,

Danıştay üyelerinin çağrıldıkları işyerinde gözaltına alındığı, bilahare yüksek mahkeme üyeleri için Yargıtay, Danıştay ve Anayasa Mahkemesi mevzuatında ayrıntılı olarak belirlenmiş soruşturma usullerine uyulmadan işlemler yapıldığı ve haklarında usulsüzce tutuklama kararları verildiği, Yine birkaç gün içinde 24.000 öğretmenin açığa alındığı, yüzlerce özel eğitim kurumunun kapatıldığı, öğretmenlerin lisanslarının iptal edildiği,Darbe yapan askerlerden daha çok hâkim, savcı, eğitimci ve akademisyenin işlerini kaybettikleri ve tutuklandıkları,An itibariyle, yapılan bu uygulamaların sayılarının özellikle kamuoyundan gizlendiği,

Yargılama süreçlerinde yer alanların suçlu suçsuz ayrımı yapmaksızın, fiili ceza hukuku yerine yürütmenin belirlediği “fail ceza hukukunun” uygulandığı,

10 Mayıs 2016 günü -olaydan yaklaşık bir ay kadar önce- Aydınlık Gazetesi yazarı Sebahattin Önkibar’ın kaleme aldığı köşe yazısında: “MİT’in uzun süredir titiz çalışması ile belirlenen yüzlerce yargı mensubu, hâkim ve savcı meslekten ihraç edilmekle kalmayacak, aynı zamanda bazıları casusluk suçlamasıyla yargı önüne çıkarılacak. Anayasa Mahkemesinden bazı isimler ile HSYK’dan iki üye tutuklanacak ve yüksek yargı üyeleri sanık olacak.” şeklinde bir üst düzey Adalet Bakanlığı yetkilisi ile yaptığı görüşmeyi aktardığı,

Sürecin bağımsız biçimde yürütülmediği ve tüm bu safahatın yürütme tarafından kurgulandığının anlaşıldığı ama bunların medyada tartışılamadığı,

15 Temmuz öncesinde de, yürütmenin istemediği medya kuruluşlarının kapatıldığı, yönetici ve yazarlarının tutuklandığı, internet sitelerine erişimin engellendiği,

YAŞAM HAKKI İHLALLERİ VE İSKENCE İDDİALARI:

Gözaltında ölen ve otopsi yapılıp yapılmadığı bilinmeyen bir öğretmenin, babasına cenazesinin teslim edilmediği, kendi istediği yere gömülmesine izin verilmeyip İstanbul Büyükşehir Belediyesinin özel olarak hazırladığı "Hainler Mezarlığına" zorla gömüldüğü,

Gözaltı alınanlara ve tutuklulara sistematik işkence uygulandığı, gözaltı süresi OHAL ilanıyla ilgili olmamasına rağmen 30 güne çıkartılması fırsat bilinerek günlerce işkence sayılan muamelelere maruz bırakıldıkları, işkence izlerinin gözaltı süresince kaybolmasını temin için uzun süre gözaltında tutuldukları,

Orantılı ve gerekli olmamasına rağmen hâkim ve savcılara ters kelepçe takıldığı, Uluslararası Af Örgütünün raporlarına yansıdığı biçimde gayri insani muamelelere tabi tutuldukları,

İşkence izlerinin tespitine yönelik doktorların bağımsız rapor veremedikleri, gözaltına alınan ve tutukluların doktor taleplerinin karşılanmadığı, doktorlara baskı ve tehditte bulunularak işkence izlerinin raporlara yazılmasının önüne geçildiği,

Gördüğü işkence nedeniyle ameliyata alınanlar hakkında yakınlarına bilgi verilmediği,

İşkence görenlerin kimseye yaşadıklarını duyuramadığı,

Cezaevine alınanların 18 kişilik koğuşlarda 36 kişi kaldıkları ve nöbetleşe uyudukları, buralarda bir kişiye haftada beş dakikalık banyo hakkının tanındığı,

SAVUNMA HAKKININ KISITLANMASI:

Gözaltına alınanların veya tutuklananların ne ile suçlandığını ve suçlamanın mahiyetinden haberdar olmadıkları, suçlamaya ilişkin bilgi ve belgelere ulaşamadıkları,

Savunma için yeterli ve gerekli kolaylık ve zaman verilmediği, kendi avukatını/müdafiini seçme hakkı tanınmadığı,

Devletin istihbarat kurumları ile ilişkili avukatların müdafi olarak atandıkları, bu avukatların müdafi hizmeti sunmadıkları, herhangi bir gayretleri olmaksızın sürekli soruşturma makamlarının yasaklarından bahsettikleri, suç isnadına maruz kalanların moralini bozmaktan başka bir şey yapmadıkları, belge veya bilgi paylaşmadıkları, yakınlarına kapsamlı bilgi sunmadıkları,

Suçlanan kişilerin gözaltında ve cezaevinde yakınları ile görüştürülmedikleri, cezaevinde yapılan çok sınırlı görüşmede savunma amaçlı dışarıdan bir dilekçeye bile el konulduğu, örgütsel bilgi paylaşımı olarak kabul edilerek işlem başlatılacağından korkan tutuklu yakınlarının bu yolu kullanmak istemedikleri,

Avukatlarla görüşmelerinde önce vekâlet alabileceklerini beyan etmelerine rağmen dışarıdan sistemli müdahalelerde bulunularak tehdit ve baskı ile bu vekâlet ilişkisinden avukatların vazgeçirildikleri,

Gözaltına alınanlar ve tutuklananların avukat bulamadıkları, bulanların avukatların da gördükleri baskı nedeniyle vekillikten istifa ettikleri,

Zorunlu atanan avukatların da, görevlerini yapmalarına baskı ile engel olunduğu, atanan avukatların da kimler olacağına hükûmetin karar verdiği,

Avukatın tutuklu ile tutuklunun eşi veya yakını ile görüşmesinin kayıt altına alındığı, rahat görüşme imkânı tanınmadığı ve bu görüşmelerin, idarenin bir gözlemcisi tarafından fiilen takip edildiği,

Tutukluya dava açması veya kanuni haklarına ilişkin bilgi ve belgenin ulaştırılamadığı, denenmesi halinde el konulduğu,

Cezaevinde de bu hakların tanınmadığı,

SUÇLU YAKINLARINA YÖNELİK CEZALANDIRMALAR:

Annesi ve babası hâkim olup tutuklananların çocuklarının, büyükanne ve büyükbabasına verilmeyip, zorla çocuk yurduna verildiği,

Haklarında gözaltı ve tutuklama kararı verilenlerin tüm mal varlıklarına el konularak yakınlarının cezalandırıldığı,

Gözaltındaki yakını hakkında bilgi almak isteyenlerin polis binasına alınmadığı,

Yetkili kurumların internet sitelerindeki teknolojik imkânların, kimin gözaltında kimin tutuklu olduğu bilgisini sağlamadığı,

Ailenin kullanımında olup müşterek evlerinde muhafaza ettikleri paraların nedensiz olarak el konulduğu,

Aile fertlerinin bankalardan para çekmelerinin engellendiği,

Kredi kartlarına bloke konularak, ek kartların da kullanılamaz hale getirildiği,

Tüm aile fertlerinin pasaportlarının nedensiz olarak iptal edildiği,

Uluslararası projeler nedeniyle yurt dışına eğitim için gideceklerin tüm programlarının iptal edildiği,

Yurt dışı çıkış yasağı konulmamasına rağmen müracaat eden insanlara pasaport verilmediği,

MASUMİYET KARİNESİNE İLKESİNE AYKIRI İSLEMLERLE YARGILAMALARIN SÜRDÜRÜLMESİ:

HSYK’nın tamamen istihbarat raporlarına dayalı olarak verdiği bir kararının, Anayasa Mahkemesinin iki üyesinin meslekten ihracına ilişkin kararda delil olarak kabul edildiği,

15 Temmuz öncesi hakkında bir yasaklama olmayan bir kitabın tutuklama nedeni olduğu,

Mobil telefon ve tablet bilgisayarlardaki internet uygulamalarının suç delili sayıldığı

Darkest night

It was an ordinary Friday night for millions living in Turkey where the agenda was dominated by situation in South-Eastern part of the country, reconciliation with Israel and Russia, media freedom, etc. One of a sudden, we saw tweets and news about war planes flying over Ankara and then, soldiers blocking the Bosphorus Bridge in Istanbul. Whole world learned what was happening from the words of PM Yildirim : “A mutiny attempt by a small group within the Army”. A repeating declaration by the “Peace at Home Council” on TRT (State TV channel) was on air in the meantime.

After a shock wave of some hours, President Erdoğan via FaceTime on a live news programme, invited the nation to streets in order to prevent this attempt and uphold democracy. This call had been made by pro-government twitter accounts hours earlier, and interesting enough, neither internet nor social media was blocked that night. Not much later, we saw thousands of people in big cities with Turkish flags surrounding the troops. Approximately one hour later, President Erdoğan appeared on TV live again whie departing from the hotel he was staying in Marmaris and making statement to many cameras and microphones. It was around 03.20 a.m. when he delivered his historical speech stating that it was a coup plot by Gulenist elements within the army which was a clear and sufficient sign to call this Gulenist movement as an “armed terror organisation”. The meaning of one sentence he used was about to be understood just a few hours later. That mysterious and unquestionable sentence in today’s Turkey was “This coup plot is a praise from God!”. During the same speech, he was telling that the hotel he stayed in Marmaris was attacked by soldiers aiming at assassinating him and his family. Again, another blurry area which cannot be questioned now in Turkey is that, the said attack was reported to have taken place at least 15 minutes after Erdoğan said so and more than 1 hour after his departure from the hotel was broadcast live on all TV channels. It’s also worth noting that the exact place and name of the hotel where Erdogan was staying was disclosed by (secular/Kemalist) Sözcü newspaper at 16.20 earlier that day.

Next day, on July 16, everyone woke up to a different Turkey. On state TV channels, pro-government media and internet, we saw photos of generals and high-ranking army officers evident to have been severely beaten and tortured. Some other photos of hundreds of officers –almost naked with their underpants only- handcuffed from back and forced to kneel and lie down on horse stables and detention centers were publicized by the same media groups amid allegations of torture, ill-treatment, denial of food and toilet need and even rapes. Most importantly, these were incommunicado detentions without any legal basis without access to a lawyer or family member for days (and weeks as of now). Not surprisingly, we witnessed court orders to block access to social media accounts of human rights defenders like Andrew Gardner of Amnesty International’s Turkey Office. In the meantime, many international bodies and NGOs urged Turkish government to allow independent monitors to access detainees amid torture allegations in an atmosphere where such evidence-natured photos and videos were publicized by the state media itself.

Crackdown and Purge

Later that day, by 14th hour after the plot began, by noon time on Saturday, 2745 judges and prosecutors from first instance courts and 188 from high courts were suspended from profession by the High Council of Judges and Prosecutors (HCJP) and custody orders for all those suspended including 5 members of the HCJP in addition to 2 members of the Constitutional Court were issued. In many cities, most of those judges/prosecutors were taken into custody on the same day after their houses and offices were searched and computers were seized. It should be noted at this point that, under no circumstances it’s legal to search houses and take judges into custody under Turkish legislation. Law says, judges must be informed of any disciplinary investigation about themselves and given sufficient time and tools to defend themselves before their cases are sent to the relevant chamber of the HCJP for decision which must also be communicated before being applied. The fact that the custody orders for a list of 2745 judges and prosecutors were sent to the HCJP by terror prosecutors of Ankara even before the suppression of the coup plot and suspension of these 2745 –including 5 HCJP members- by the HCJP just 2 hours receiving this list raised many questions in jurists’ minds of course but nobody could dare voicing these questions in a climate where all guarantees of rule of law were openly being breached with the rhetoric of “saving the democracy”. Yet, it is still an unanswered question how and who discovered the evidence of involvement of 2745 judges/prosecutors in this coup plot about which no intelligence could be gathered almost till the coup started as stated by the President Erdoğan himself accepting the failure of intelligence services the next day on TV.

In this shock wave, almost all these judges have been arrested by much debated Peace Penal Courts which were not mandated to question or arrest their colleagues. Again, Law says judges and prosecutors may only be questioned and arrested by a panel of Heavy Crimes Court. Of course many of those arrested challenged this unlawful application, but a small minority who were released upon objection were eventually arrested upon counter objection of prosecutors in charge. There were human rights experts telling that detaining people in connection with a criminal charge without clear evidence of criminal wrongdoing was by definition arbitrary and unlawful. But, last hopes of judges in custody and under arrest were demolished by the Vice-President of the HCJP who said new investigations were to be launched against the judges in charge who released their colleagues.

On the same day, more than 15.000 teachers were suspended and this numbered amounted to 21.000 a few days later. Not surprisingly, an additional 20.000 teachers’ licenses were annulled with a decree following the declaration of State of Emergency. Around 1400 army officers and 13.000 civil servants from various ministries were added to this purge.

Death Penalty and Derogation of ECHR

There were international reactions to these breath-taking developments of course. Along with the efforts of NGOs like Amnesty International and Human Rights Watch as well as Human Rights Foundation, especially after discussions on “Re-introducing of death penalty”, Human Rights Commissioner of the CoE, EU Council, EU Commission and a large group of MEPs from European Parliament issued statements to warn Turkey about the consequences of such an enactment.

However, these warnings could not stop the Turkish Government’s suspension of its obligations stemming from European Convention on Human Rights (ECHR). By the way, one should bear in mind that suspension of or derogation from ECHR as a whole is not possible within the framework of membership to Council of Europe and being a party to the ECHR. Shortly, Article 15 of the Convention (ECHR) sets forth the procedure and subject matter of derogation which is foreseen to be applied on an extremely exceptional basis so as to be limited to certain rights and certain time slot proportionate with the need in a democratic society. Furthermore, no derogation from Articles 2,3, 4/1 and 7 thereof is possible. In other words, right to life (death penalty or killing someone except war), prohibition of torture, degrading or inhuman treatment, prohibition of slavery and principle of “no crime, no punishment without law” (including prohibition of retroactive application of criminal laws) cannot be derogated under any circumstances. Most importantly, as stressed in established case-law the ECtHR (Aksoy v. Turkey), any derogation which would result in breach of absolute prohibitions (namely, Articles 2, 3, 4, 7 of ECHR) cannot be valid. So, there is no procedure or right to suspend the application of ECHR as the Turkish Government did, which means it will have to face many cases before the European Court if applied by people concerned.

State of Emergency Decrees v. Rule of Law

Next day, the first Decree of State of Emergency was published increasing custody period to 30 days with arbitrary limitation to access to lawyer and without appearing before a judge, shutting down 93 education and health institutions, 19 trade unions and 229 foundations /associations. Alongside, thousands of websites have been banned, 1500 deans have been asked to resign, around 75.000 passports have been annulled.

Inter alia, one point should especially be noted here that, under the established case-law of the ECtHR, 30-day detention period without appearing before a judge is solely a grave breach of the Convention. Besides, arbitrary limitation of detainees’ right to access to a lawyer (as legalised by the Decree) is violation of right to a fair trial. (ECHR in its Aksoy v. Turkey decision concluded that 15-day incommunicado detention was breach of Articles 3,5 and 6 of the Convention). Again, recording of conversation between the detainee and lawyer as foreseen by the Decree is against inviolability of right to defense which is the core principle of the ECHR.

But it was just the beginning. In such an atmosphere, journalists have of course been the usual suspects thanks to the second Decree. Detention orders were issued for more than 80 journalists, more than half of which were apprehended and arrested in two days. Inter alia, handcuffing of 70 years old veteran journalists behind from back was another historic scene photos of which were served by the State’s Anadolu Agency. This was the moment world realized that this reaction “to preserve democracy” turned to be a media crackdown without anyone daring to object. In one week in the aftermath of the said Decree, number of associations/foundations shut down reached 1.229 whereas that of media outlets shut down reached 150, and number of journos detained to 59. In the meantime, 72.000 civil servants (including around 3000 judges/prosecutors) have been purged, 18.500 people detained and 9.950 arrested. Moreover, all bank accounts, salaries, incomes, investments, assets and vehicles of all detained judges/prosecutors (3049 as of today) were seized with another order by the same prosecutors in Ankara. This is another issue to be further elaborated with all its inhuman and unlawful aspects amid the struggle of their families for survival (to the extent to meet basic needs like food etc.)

Eventually, the whole world witnessed how a failed coup turned to a successful counter-coup to rule of law in the name of “guardianship of democracy” in a very similar way to the aftermath of the Reichstag Fire of Germany of 1933. Despite the warnings coming one after another from CCJE (Consultative Council of European Judges), ENCJ (European Network of Councils for Judiciary), Judges 4 Judges, UN’s David Kaye (Special Rapporteur on Media Freedom), OSCE’S Dunja Mijatovic (Representative on Freedom of Media) in addition to all relevant bodies of EU and CoE (except for SG T. Jagland and Venice Commission of the CoE), an unstoppable and escalating hate speech has dominated the arguments of the state administration while the pro-government media served this process as the second “Survival War of Turkey” with a sauce of anti-western rhetoric of Erdoğan who blamed western world to stand by the coup plotters in a speech he delivered during the Conference on Religious Affairs. By the way, it should be noted that G. Jenkins who is well known with his stance against Gulen Group expressed his doubts about authenticity of the coup plot and about the mastermind behind this plot. Proffessor Dani Rodrik, yet another opponent of Gulen Group has also shared his views openly saying that he now has no hope about democracy and rule of law in Turkey’s future having seen the government’s unlawful reaction and the political climate in the aftermath of the failed coup.

Confession of Hate Crime by the Ministers

There are many more reasons underpinning such doubts actually. To name but a few, Deputy PM Nurettin Canikli during a meeting with the press, told the journalist -referring to what President Erdoğan said at coup night- that the coup was indeed a praise and gift from God it would otherwise take at least 15 years to “cleanse” the country from FETO (Gulenist) elements. Mehmet Simsek, the other Deputy PM followed his colleague the next day, adding a significant confession rather than information: “The lists of those suspended and detained were ready before the coup!”. Yet, another Deputy PM, Numan Kurtulmus joined his friends confirming that the lists were in their hand beforehand. Thus, questions regarding the unbelievable speed in finding the evidence to blame tens of thousands of people had their answer: “groundless and unlawful profiling reports prepared moths before the coup attempt classifying the citizens based on political or religious preferences ”.

All three Deputy PMs did quite well. However, the Oscar goes to the Economy Minister Nihat Zeybekci, who, during his speech delivered in Usak and Denizli, made remarkable statements amid torture allegations in detention centers and prisons concerning tens of thousands detained in the aftermath of the failed coup attempt. Minister Zeybekci publicly stated that "these coup plotters will die like sewer rats in 1.5-2 square meter cells, we will punish them in a way to make them beg for dying, they’ll neither see a human face nor hear a human voice never ever. We know who are behind them, who fed them, who sent them. Some people say FETO’s dogs. Don’t humiliate the dogs, it would be pity to dogs, it would be shame. FETO members don’t acquire the honor to be even a dog.”

Within the context of ECHR and international law principles, one can definitely say that these statements breach the independence of judiciary since Turkish courts (especially after arrests and seizure of all assets, vehicles and accounts of 3049 colleagues) will fail to act independently. Besides, such statements, along with the photos of severely beaten and tortured inmates served by the state media agency itself, confirm torture allegations set forth by independent human rights institutions like Amnesty International inter alia. On the other hand, when delivering such speeches, one should consider the refusal of extradition requests regarding F. Gulen as well as those asked for asylum in different countries since it is clear that they would be subject to torture and would not face a fair trial in Turkey.

EU-Turkey relations amid Refugee Deal

As for the EU-Turkey relations, statements following each other from EU organs and some EU member states like Austria (PM of which told that he was receiving death threats from pro-AKP figures) forced the Turkish Government to play the “refugee card”. FM Cavusoglu in an interview with a European news agency said that unless visa liberalization will not be granted for Turkish citizens by October 2016 at the latest, Turkey would suspend the refugee deal signed with the EU in March. Swift reactions by many member states and EU Commission President Juncker followed this statement. They were all crystal-clear: EU stands by its commitments as long as Turkey does so and fulfills all 72 criteria including the human rights and Anti-Terror legislation as undersigned by both sides in March. Juncker on 4 August also added that, should Turkey re-introduce death penalty, the membership negotiation would definitely be suspended and that the rhetoric of fight against terror cannot justify abuse of law and power to put academics, journalists and others behind bars. EU would not be in this. On the very same day (4 August), SG of the Council of Europe, T. Jagland, having met with all political parties and leaders including Erdogan stressed the inviolability of certain human rights in a more polite way telling that any struggle to preserve and guard the democracy should be carried out within the boundaries of law and CoE is ready to cooperate with Turkish authorities to help conducting the process in compliance with the CoE rules and established case-law of the ECHR.

Conclusion

As of today, 1.229 associations/foundations and 150 media outlets have been shut down; 59 journalists detained; 72.000 civil servants and 3049 judges/prosecutors (including 2 members of the Constitutional Court and 5 members of the High Council of Judges and Prosecutors) have been purged; all bank accounts, salaries, incomes, investments, assets and vehicles of all suspended 3049 judges/prosecutors were seized; 18.500 people detained, 9.950 people arrested. On 5 August, 27 theater players have been added to the list of purged based on “suspicion” to have been involved in coup attempt and FETO activities.

According to the information given by the lawyers, some detainees in Ankara and Istanbul are still being subject to all kinds of inhuman treatment like nail-pulling off, beating till faint, sexual exploitation (rape), denial of food and water. Furthermore, it’s reported that no access to medical care is allowed. This information confirms the allegations by Amnesty International during the first days of crackdown and the words of the Economy Minister N. Zeybekci.

Whereas some detainees are claimed to have been handed over to MIT (Turkish National Intelligence Service) staff in Ankara and Istanbul and taken to unknown interrogation centers by MIT, some lawyers tell that the interrogation places look like slaughterhouses. But, no independent human rights monitor or CPT or UN envoys have been allowed to enter these places despite the petition campaigns with tens of thousands of signatures from all over the world along with calls by relevant international figures including UN SG Ban Ki Moon.

Condemning any intervention to democracy and its institutions by army or any other power going beyond the check and balance system required by the principle of separation of powers; and feeling the pain of more than 200 hundred innocent people who lost their lives on the darkest night of Turkey, one should see that this catastrophe jumped to a worse level by using it as an opportunity to purge and jail thousands in the judiciary, media, military, police, education, academic world and even theatre artists whose only common point roughly seems to be not supporting Erdogan or his policies openly and thus seen as obstacle for “New Turkey” vision.

Whenever a strong, objective and impartial light will be shed over that darkest night, lives lost as well as the wound on dignity of tens of thousands suspended and jailed, democracy, independence of the judiciary, separation of powers and rule of law sacrificed afterwards will be healed. To this end, it will mostly be the possibility and responsibility of jurists, academics, politicians and NGOs throughout the world and the EU inter alia to decide whether to turn a blind eye to this successful counter-coup for short-term economic and political interests or play its role as a leverage or an anchor to uphold rule of law and democracy in Turkey which will result in having a strong and reliable partner in the region to overcome ISIS terror and instability rather than worsening the situation in the most strategic neighborhood of the Union.