Turkey – A drastic transformation into a hyper-presidential, competitive authoritarian state

According to President Erdoğan, last year’s coup attempt by Fetö (an organisation led by a clerk called Fettullah Gülen who previously was closely allied to the president Erdoğan) was a blessing from God. This statement may sound like an odd claim since the President’s life was also said to be targeted on the night of July 15, 2016. However, sadly it is true that it gave Erdoğan an opportunity to declare a state of emergency, pass 28 decrees with the force of law reorganising many institutions without being bound by the constitution, and that violated many human rights conventions that Turkey has ratified such as the ECHR.

Many of these emergency decrees passed by the government are not even related to the cause of the crisis, even though under the constitution the subject of an emergency decree has to be limited to the cause of the given emergency. Despite their apparent violation of many articles of the constitution, and the ECHR, the constitutional court, two members of which were dismissed from their posts a year ago as a result of one of those decrees, refused to examine the constitutionality of the decrees, waiving its previous jurisdiction stating that the emergency decrees are limited to matter related only to the cause of emergency, and that they may be applied only during an emergency.

The Constitutional Court’s free pass merely reflects the country’s current repressive climate created by the emergency laws. These decrees reregulated public institutions including the National Intelligence Service, the army, local municipalities, and served to dismissed== more than 103000 public servants, university lecturers, appointed trustees replacing elected mayors and other local authorities (mostly pro-Kurdish HDP’s). They enforced new policies at full speed in the light of the AKP’s Islamist political beliefs, such as changing school system to promote religious schools as tools of transformation into a more Islamic country, closing down more than 150 media outlets, 1000 associations and foundations, and seizing private companies worth more than 10 billion dollars. But the most crucial change is the reorganisation of the judiciary, the ministry of justice and criminal enforcement. Currently, more than 4300 judges have been dismissed for being related to the Fetö organisation, some based on their previous decisions. Any judge who passes a judgement contradicting the President’s goals will be accused of being a member of Fetö, and can be easily dismissed since the president has a full control of the Council of Judges and Prosecutors, which are appointed by him and the majority of the members of the Grand National Assembly which the AKP controls.

Since the coup attempt, more than 50.000 people and 166 journalists have been imprisoned as a result of the government’s crack-down operations. This has created a serious climate of fear and intimidation reflected in the number of people who are seeking asylum. In this climate one important change has also been made; the constitutional reform package introducing a hyper-presidential system was adopted by the AKP and its partner, the MHP, and was approved in a referendum in April that was neither free nor fair. Despite the huge advantages that the government forces enjoyed, their proposal was accepted by the margin of only one percent and with the help of the High Election Council, which ignored Law number 298, article 101 which openly states that unsealed ballot paper are invalid, thus accepting an unknown number of invalid votes that otherwise would not have been counted. The High Election Council’s decision was taken after the actual counting had started. This sparked a reaction that the counting was also not fair. The Organization for Security and Co-operation in Europe (OSCE) and the Council of Europe’s observers criticized the referendum process for not living up to the democratic standards, including the counting procedure. The main opposition party, the CHP, also claimed that “no votes” were in fact in the majority and that unsealed ballot papers were fakes, filing a case before the European Court of Human Rights. The case is still pending.

This summary of events tells only the final part of Turkey’s transformation from parliamentary democracy into hyper-presidential autocracy within a decade under AKP rule.

President Erdoğan is free from any checks and balances. He enjoys full control of every state institution and most of the media. Due to the state of emergency, constitutional guarantees of basic rights are currently suspended, giving the president the opportunity to transform a formerly parliamentary democracy into an hyper-presidential system (changing laws to fit the new regime such as election law, parliamentary rules and procedures, laws of political parties etc) which will be fully in force in 2019 after the elections to be held then.

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