Greetings from the latest issue of The Freedom Observer,Here's what we've monitored for you this week:<ul fr-original-style="" style="margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">From Editor-in-Chief: State of Emergency and the Democratic Society</li><li fr-original-style="" style="box-sizing: border-box;">Constitution: Can the Reconstruction of Cities be Arranged with the Presidential Decree of the State of Emergency?</li><li fr-original-style="" style="box-sizing: border-box;">Legislation: Electoral Alliances,</li><li fr-original-style="" style="box-sizing: border-box;">Economy:&nbsp;Record Current Account Deficit and Central Bank Reserve,</li><li fr-original-style="" style="box-sizing: border-box;">Civil Society: Civil Society and Increasing Pressures After the Earthquake.</li></ul>We wish you a pleasant reading,Freedom Research Association

We monitor the ongoings of Turkiye in the fields of the rule of law, economics, civil society, and politics.

The Freedom Observer

Can the Reconstruction of Cities be Arranged with the Presidential Decree of the State of Emergency?, Electoral Alliances, Record Current Account Deficit and Central Bank Reserve, Civil Society and Increasing Pressures After the Earthquake.

Freedom Observer #5

Greetings from the latest issue of The Freedom Observer,Although a month has passed since the Kahramanmaraş-centered earthquake disaster, the wounds of the earthquake could not be healed and it is the most important agenda of the country. On the other hand, with the upcoming elections in Turkey, the political agenda is moving. Here's what we've gathered for you this week:From the Editor: Changes in Pre-Election BalancesFreedom of Expression: Freedom of Expression Under AttackElection 2023: Upcoming ElectionsWe wish you a pleasant reading,Freedom Research Association

Changes in Pre-Election Balances, Freedom of Expression Under Attack, Upcoming Elections

The Freedom Observer #4

Greetings from the latest issue of The Freedom Observer,We offer our condolences to those who lost their lives in the devastating earthquake that hit our country and Syria last week, and wish a speedy recovery to the injured... We hope that we will get through these difficult days as soon as possible with strong solidarity.Our agenda this week focuses on the earthquake and beyond:<ul fr-original-style="padding-inline-start: 20px;" style="padding-inline-start: 20px; margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">From the Editor: The burning consequences of the earthquake disaster,</li><li fr-original-style="" style="box-sizing: border-box;">February 6, 2023: Turkey Is Going Through Its Most Painful Days</li><li fr-original-style="" style="box-sizing: border-box;">State of Emergency and Earthquake: State of Emergency Declared Due to Earthquake</li><li fr-original-style="" style="box-sizing: border-box;">Public Donations: Earthquake and Public Donations (!)</li></ul>We wish you a pleasant reading,Freedom Research Association

Turkey Is Going Through Its Most Painful Days

The Freedom Observer #3

Greetings from the latest issue of The Freedom Observer,Here's what we've monitored for you this week:<ul fr-original-style="padding-inline-start: 20px;" style="padding-inline-start: 20px; margin-top: 0px; margin-bottom: 1em; list-style-position: inside; box-sizing: border-box;"><li fr-original-style="" style="box-sizing: border-box;">Constitution: Can the Reconstruction of Cities be Arranged with the Presidential Decree of the State of Emergency?</li><li fr-original-style="" style="box-sizing: border-box;">Law: The conviction of the head of Turkey's Medical Association, Prof. Korur-Financı,</li><li fr-original-style="" style="box-sizing: border-box;">Economy:&nbsp;Record Current Account Deficit and Central Bank Reserve,</li><li fr-original-style="" style="box-sizing: border-box;">Civil Society: Censorship and the new NGO law.</li></ul>We wish you a pleasant reading,Freedom Research Association

Turkey's state of law report card.

Erdoğan’s Run for the Presidency for the Third Time, Fincancı Sentenced to Prison, ‘New NGO Law’ 

The Freedom Observer is a bulletin in which the Ankara-based think tank Freedom Research Association monitors the ongoings of Turkiye in the fields of the rule of law, economics, civil society, and politics.By subscribing to the bulletin, you will be able to catch the highlights on the fields of study while being able to witness the evaluations made by the experts in the fields of law, politics, and economics from a pro-liberty perspective.In the Freedom Observer, you will be welcomed by the section From the Editor-In-Chief and be able to monitor the general highlights of the ongoings in Turkiye from a pro-liberty perspective.Then, the keynotes on the issues regarding the rule of law, such as judiciary decisions, violations of basic rights, and legislative advances, will be shared with the readers.Further, the economic highlights of the last two weeks will be evaluated from a pro-liberty perspective.The political hot topics will be evaluated to provide the viewers with a pro-liberty perspective from the writings of competent analysts.And finally, the hot topics regarding civil society in Turkiye will be shared with the viewers.Welcome, again, to the Freedom Observer. We do believe that it will be a fun ride to share the highlights of the hot topics in Turkiye with dearest Aposto readers!

From Editor-in-Chief, Determination of the Provincial Election Board Members, İmamoğlu's Political Ban, Erdoğan's Election Economy

The Freedom Observer #1

Politics related articles and publications

Politics

Social issues related articles and publications

Social Issues

Economy related articles and publications

Economy

It was announced that in the earthquakes that occurred on February 6 and affected 11 provinces, approximately 165,000 buildings consisting of 520,000 independent units were destroyed or severely damaged. The need for the reconstruction of cities, especially Hatay, Kahramanmaraş, and Adıyaman, has emerged. For this reason, it is urgently necessary to provide temporary shelter for at least three million people, to plan their permanent resettlement, and to return the lives of earthquake victims to normal before it is too late.After the earthquake, the President declared a state of emergency for three months in the region covering 11 provinces and this decision was approved by the Turkish Grand National Assembly. In this context, the President has issued many Presidential Decrees of state of emergency. Presidential Decree No. 126 on Settlement and Construction Under the State of Emergency, published in the Official Gazette dated February 24, 2023, regulates how the temporary or final resettlement areas of those affected by the disaster will be determined and how the new settlements will be built. According to this Decree, temporary and final settlement areas can be determined directly by the Ministry of Environment, Urbanization, and Climate Change, without complying with the rules stipulated in the Settlement Law. If there is a pasture or forest in these areas, they can be opened to the settlement without complying with the restrictions in the relevant laws. Rights regarding mining and tourism management previously recognized in the identified areas will automatically expire, immovables belonging to public institutions will be registered directly in the name of the Ministry or TOKİ, and privately owned immovables will be expropriated immediately.The main issue that needs to be discussed here is whether a regulation regarding the determination and construction of permanent settlements can be made with a State of Emergency Presidential Decree (OHAL CBK). According to article 119/6 of the Constitution, a State of Emergency CBK may be issued "on matters necessitated by the state of emergency". However, it is not possible to say that the new city plan of a province such as Hatay, which was severely damaged in the earthquake, is a matter "necessitated by the state of emergency". This is because of the fact that OHAL CBKs cannot establish rules that exceed the duration of the state of emergency. In addition to the determination of where a city will be built, new construction efforts should be is an issue that needs to be decided through a democratic and participatory process. While a decision that will determine the future centuries of the city should be made at the end of intensive scientific examination and analysis, as well as discussion, and negotiation processes that take the demands and opinions of various actors and interest groups into consideration, it is clear that starting constructions in a hurry without the plans being announced to the public and without any demand or objection opportunity will have irreversible consequences.In addition, it is not possible to open forest and pasture areas for construction in violation of the Constitution. On the other hand, privately owned immovables will be expropriated immediately, and disputes over expropriation prices will take many years to resolve. Likewise, all previously granted rights in places designated as residential areas will automatically expire. All these regulations inevitably cause violations of property rights.However, Article 148 of the Constitution blocked the way to file an annulment action against the OHAL CBKs. While the Constitutional Court had previously ruled in the cases brought against the emergency decree laws in 1991 that it could audit whether a State of Emergency Decree was limited to the requirements of the state of emergency. Yet, in 2016 the Court reverted from this jurisprudence and decided that it could not in any way supervise the emergency decrees. The Constitutional Court will probably adhere to the same jurisprudence for the OHAL CBKs. In this case, CBKs can be subject to constitutional review only after they are approved by the parliament. According to the Constitution, the OHAL CBKs must be discussed in parliament within three months at the latest. It is not possible to predict how long the Constitutional Court will decide on cases to be filed after approval within this period. The lack of control of the state of emergency CBKs will cause serious human rights violations and irreversible social harm.

Reconstruction of Cities

The objections of the lawyers did not attract the necessary attention and the public seems to have focused on the elections. With the announcement of the election calendar, all parties started to seek various alliances and strategic negotiations within the alliance they were placed to achieve success in the elections.First of all, although the opposition voters, commented that the Table for Six would disintegrate because of the short-term crack in the Nation Alliance caused by İYİ Party leader Meral Akşener's opposition to Kemal Kılıçdaroğlu's presidential candidacy, seemed to drift into pessimism for a moment, Akşener returned to the Table after intense negotiations. Although the presidential candidate issue has been resolved by consensus, the issue of whether Nation Alliance will enter the parliamentary election with a joint list, or whether the SAADET, GELECEK, and DEVA parties will enter with a separate list, as it has been discussed recently, and how the distribution between the parties will be in these lists has not been clarified.On the other hand, although the number of parties in the Nation Alliance has become clear, we observe that the People's Alliance is trying to include other parties in the alliance. The People's Alliance continues to negotiate with the Yeniden Refah and HUDA-PAR. The fact that these two political Islamist parties will shift the ideological average of the alliance to the right, especially the existence of HUDA-PAR, which is known to be close to Hezbollah, has become questioned by the public.Meanwhile, six parties, primarily HDP and TİP, announced that they would enter the elections as the Labor and Freedom Alliance (LFA), and it was agreed that each of the Alliance parties could enter the elections with their names and logos. It is said that in case the HDP is closed it will show its candidates from the Greens and Left Future Party in all cities. In addition, after some members of the Labor and Freedom Alliance announced that they will support Kılıçdaroğlu in the presidential election, the official statement of support of the LFA is expected soon.Finally, debates continue about whether the candidacy of Muharrem İnce, who announced his candidacy for Presidency, will reduce the probability of Kemal Kılıçdaroğlu being elected. Meanwhile, it is expected that İnce could not stand the pressure from the public and would announce his support to Kılıçdaroğlu.The pace of interaction and negotiation between political parties is crucial for Turkish democracy. It is hoped that this will continue throughout the election process and, more importantly, that government or judicial institutions will not interfere with the democratic process during and after the election.

Electoral Alliances

According to the data announced on March 12, the current account balance in January increased significantly compared to the same period of the previous year and reached 9 billion 849 million dollars, breaking a record monthly. In this way, the 12-month current account deficit rose to $51.7 billion. However, in January of last year, the current account deficit was 6 billion 889 million dollars. On the other hand, foreign trade data, which is the leading indicator for the current account deficit, shows that the foreign trade deficit will increase in February. This indicates that the annual current account deficit will increase even more. At this point, it should be emphasized that the criticisms made against the "Turkish economic model", which has been proved as a great failure, are justified. Because when this model was first announced, it was said that it would have a reducing effect on the foreign trade deficit, whereas the foreign trade deficit increased continuously.When we look at the reasons behind the failure of the model, we can clearly see that these are not economic but political reasons. Because the government thinks that it will lose votes if the necessary conditions are met for the proposed model to be successful. Let's take a brief look at these conditions:For the model to be successful, goods produced in Turkey must become cheaper for customers abroad. To this end, the Turkish Lira needs to lose value at least as much as inflation. Thus, it is hoped that exports will increase. However, the government is making great efforts to keep the USD/TRY exchange rate below 19 TL. This causes the Turkish Lira to become more valuable against other currencies due to the effect of inflation. Therefore, although exports increase, imports increase more than exports. In other words, the most fundamental pillar of the model is collapsing.So why doesn't the government want the dollar to increase in value? The value of the dollar significantly affects the economic voting behavior of the electorate. The dollar price has been seen as a harbinger of inflation for many years in Turkey. Because Turkey has been a country with a foreign trade deficit for a very long time. Since the increase in the dollar will increase the price of goods coming from abroad (especially electronic equipment and vehicles, which have symbolic importance in terms of consumption), the worry of inflation causes a negative view of the government as there will be a decrease in consumption amounts.Record Budget Deficit and Earthquake TaxJust a few days after the record current account deficit, the budget figures for February were announced. Turkey broke another record: Central government budget deficit amounted to 170.6 billion TL monthly. Thus, the 12-month budget deficit rose to 441.6 billion TL. The most striking point was about the interest rates. Excluding interest expenses, the budget, which gave a surplus of 113.4 billion TL in the same period of last year, gave a deficit of 136.3 billion TL in this period. In other words, the central government spent approximately 250 billion TL more than in the same period last year.As it is known, Turkey experienced a massively destructive earthquake. It would not be wrong to assume that some of these expenditures are the money spent due to the earthquake. But it is not possible to say that such a high expenditure was made to heal the wounds of the earthquake. As a matter of fact, when we look at the expenditure items, we see that most of the budget expenditures increase the current transfers and transfers to state economic enterprises.It would not be wrong to say that this deficit will increase even more due to the earthquake. On the other hand, we have not yet fully seen the effect of expenditures that can be considered election investments such as the early retirement law (EYT), the increase in civil servant-retirement salary increases above inflation, which will increase the budget deficit. In the period ahead, we will see the effects of these investments more clearly on the budget deficit. According to the figures given by the Minister of Treasury and Finance, Nurettin Nebati, the cost of expenditures such as EYT, minimum wage subsidies, and electricity-natural gas subsidies to the budget will reach one trillion TL this year. On top of that, the expenses that have to be made due to the earthquake will be added.In all this mess, the government removed some of the tax credits it provided to R&amp;D companies This could be seen as yet another additional tax for these companies. Indeed, in such cases, imposing additional taxes is the primary choice of governments. It goes without a doubt that all citizens should take responsibility to heal the social wounds and eliminate the destruction caused by disasters. As a matter of fact, aid campaigns were also carried out in Turkey and a significant amount of money was collected to be transferred to the earthquake zone. But in an environment where the burden of the early retirement arrangement on the budget alone exceeds 250 billion TL, what is the meaning of the 100 billion TL income that will be provided by the additional tax brought! Unfortunately, Turkey prefers daily political benefits to long-term gains.&nbsp;The interests of the citizens and the government are diverging at an unprecedented pace. In addition, since the country has a fragile economy, the government goes through major rule changes in every disaster. For this reason, the country cannot attract international investments that it needs so much.

Record Current Account Deficit and Central Bank Reserve

In order to meet the needs of the disaster victims quickly and effectively, non-governmental organizations took relatively quick and effective initiatives to meet the government's inadequate search and rescue efforts and urgent basic needs. However, news from the region shows that the work of non-governmental organizations is systematically blocked and terminated because it goes against the government's interests, especially the Government's 'advertisements'.[2]However, non-governmental organizations continue to seek the rights of the victims and organize aid campaigns by organizing via WhatsApp and Twitter to continue defending the rights of the victims. In this process, with the end of the search and rescue efforts, non-governmental organizations started to work for the re-establishment of social life with the support they received from national and international sources.[3]After the earthquake, we witnessed that civil society acted in a strong and organized way. In this process, a detailed aid and solidarity campaign was launched. Indeed, there were some difficulties with the coordination of aid; however, there was a period of intense cooperation and organization by the non-governmental organizations specialized in different subjects, such as those divided into categories such as animals, women, LGBT+, the elderly, the disabled, and students, so that no segment of the society would be left behind.[4]With the onset of the election atmosphere, the number of political statements about whether we were prepared for an earthquake that might occur in Istanbul began to decrease. However, non-governmental organizations from Istanbul made a call by trying to keep their awareness on this issue high during the election process. The 27 non-governmental organizations called the Coordination of Neighborhood Associations and Solidarity Initiatives Against Disaster (AKİK) argued that "the current government and parliament do not show interest in the earthquake issue and the people of Istanbul are almost left to their fate". AKİK criticized the intellectuals and writers with the words, "Those who should lead the society, probably because they live in earthquake-proof houses, they were not 'out there' in the face of this great danger awaiting the people of Istanbul with an inexplicable selfishness." AKİK, stating that the Istanbul earthquake is approaching for three more years and people's desperation is increasing day by day, presented a list of suggestions for a solution to the earthquake.[5]<a href="#_ftn4" name="_ftnref4" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a>Recently, the distrust of Kızılay and AFAD has been increasing and it has been openly expressed in public. There are frequent reports in the press that AFAD has moved other non-governmental organizations away from the earthquake zone to protect its own reputation. According to these reports, tent cities previously established by other non-governmental organizations were abolished on the grounds that AFAD would establish new tent cities, and the victims were once again evacuated from these tents and forced to move to AFAD's new tents. Law enforcement officers put pressure on the volunteers by making statements such as "No water can be distributed here outside of AFAD, outside the state".Due to the high amount of donations received after the earthquake, the AHBAP Association attracted the attention of government circles, and the association was criticized for not being transparent through social media trolls and tried to be discredited it with fake photos and news. Some of these criticisms need to be looked at closely. AHBAP is an organization that regularly collects large amounts of donations for different social problems and its last audit was carried out in 2018. Considering the information that AHBAP purchased tents and canned food from Kızılay after the earthquake, it can be discussed why AHBAP is not inspected more frequently. AHBAP obtained the materials for the aid with the donations it collects from a pro-government institution that has lost its capacity and its management has been largely corrupted, causing the donations to go to the government circles again. [6]<a href="#_ftn5" name="_ftnref5" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a><a href="#_ftn5" name="_ftnref5" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a>Finally, if the AKP government wins in the upcoming elections, non-governmental organizations that collect donations and organize aid campaigns after the earthquake may be subject to a new wave of control under Law No. 7262.<a fr-original-style="" href="#_ftn5" name="_ftnref5" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""> </a><hr align="left" size="1" width="33%" fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;"> <a href="#_ftn5" name="_ftnref5" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a><a fr-original-style="" href="#_ftnref1" name="_ftn1" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""></a>1 <a fr-original-style="" href="https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=126&MevzuatTur=19&MevzuatTertip=5" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://www.mevzuat.gov.tr/mevzuat MevzuatNo=126&amp;MevzuatTur=19&amp;MevzuatTertip=5</a>2 <a fr-original-style="" href="https://www.evrensel.net/haber/484939/afad-iskenderunda-gonullulerin-kurdugu-cadirlari-kaldirdi-cadir-degil-konteyner-istiyoruz" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://www.evrensel.net/haber/484939/afad-iskenderunda-gonullulerin-kurdugu-cadirlari-kaldirdi-cadir-degil-konteyner-istiyoruz</a>3 <a fr-original-style="" href="https://siviltoplumdestek.org/desteklediklerimiz/desteklediklerimiz-2023/" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://siviltoplumdestek.org/desteklediklerimiz/desteklediklerimiz-2023/</a><a fr-original-style="" href="https://twitter.com/gunesasik/status/1627594842099310593?s=20" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://twitter.com/gunesasik/status/1627594842099310593?s=20</a>4 <a fr-original-style="" href="https://www.sivilsayfalar.org/2023/02/20/sivil-toplum-gucu-ve-cesitliligiyle-deprem-bolgesinde/" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://www.sivilsayfalar.org/2023/02/20/sivil-toplum-gucu-ve-cesitliligiyle-deprem-bolgesinde/</a>5 <a fr-original-style="" href="https://bianet.org/bianet/cevre/12468-27-sivil-toplum-kurulusunun-deprem-cagrisi" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://bianet.org/bianet/cevre/12468-27-sivil-toplum-kurulusunun-deprem-cagrisi</a>6 <a fr-original-style="" href="https://ahbap.org/bagimsiz-denetim-raporu" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://ahbap.org/bagimsiz-denetim-raporu</a>&nbsp;<a fr-original-style="" href="https://www.diken.com.tr/ahbap-kizilay-cadirlari-icin-kdv-de-odemis/" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://www.diken.com.tr/ahbap-kizilay-cadirlari-icin-kdv-de-odemis/</a>

Civil Society and Increasing Pressures After the Earthquake

First, as search and rescue efforts continue on the third day of the earthquake and many people call for help via Twitter messages from under the rubble, the Information Technologies and Communications Authority (BTK) has narrowed the bandwidth of TikTok and Twitter.[1] This measure, which could not be understood on which legal regulation it was based on, was lifted due to the harsh public reaction. Officials announced that constructive talks were held with Twitter management.[2]Secondly, those who shared about the earthquake on social media began to be detained from the first days. In this context, academic and journalist Özgün Emre Koç was taken into custody on 8 February and released after one night, after his statements about the late participation of soldiers in search and rescue efforts.[3] In the following period, many scientists, journalists, and ordinary citizens were detained after their earthquake posts were reflected in the media.[4]Thirdly, it was decided to block access/remove content about many internet domain names and URLs, especially Ekşi Sözlük. It was stated that access to the Ekşi &nbsp;Sözlük was blocked by the BTK at the request of the Presidency in accordance with Article 8/A of Law No. 5651.[5] While this decision was approved by the Ankara 4th Criminal Court of Peace, the concrete content that caused the platform to be blocked from the access was not disclosed. Again, upon the request of the General Directorate of Security, more than 300 URL addresses, as well as the website of Avesta Kitap, which publishes books in Kurdish, and the website of Rudaw TV, were blocked. It was reported that the access bans on Avesta and Rudaw were lifted upon later objections.[6]Fourth, many opposition television channels were given screen blackouts and fines by RTÜK due to earthquake broadcasts. It was stated that while Halk TV and Tele 1 television channels were fined 5% and suspended programs 5 times, Fox TV was fined 3% each for its Orta Sayfa program and Halk TV for its Halk Meydanı program.[1] Reasons behind these penalties were given as that some of the broadcasts incited the people to hatred and enmity, were against the indivisible integrity of the country, or prevented the public from forming an impartial opinion.Fifth, some football matches were offered to be played without spectators due to slogans calling for the government to resign on the grounds that the government failed to respond to the earthquake.[2] Many politicians, especially MHP leader Bahçeli, announced that they resigned from their club membership after the spectators of Fenerbahçe and then Beşiktaş chanted slogans demanding the resignation of the government.[3] On the other hand, it was stated that Fenerbahçe guest team spectators will not be allowed in the Kayserispor-Fenerbahçe match to be played on Saturday, March 4, in accordance with the Kayseri Provincial Security Decision.[4] In addition, it was learned that some people who chanted the slogan "the government should resign" were banned from watching the matches because they made "chants containing threats and insults" in accordance with Article 14 of Law No. 6222.[5]Finally, decisions regarding the confiscation of some books were published. In this context, it was first announced that a "dirty publication" decision was made about the book "Gender of Cherry", which has been on sale in Turkey since the 1990s.[6] Secondly, it was announced that the book titled 'Living Qur'an: Turkish Meal-Tesfir', written by the theologian writer İhsan Eliaçık, was confiscated, upon the request of the Presidency of Religious Affairs, on the grounds that 'it contains objectionable elements in terms of the basic characteristics of the Religion of Islam'.[7]&nbsp;<a href="#_ftn7" name="_ftnref7" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a><a fr-original-style="" href="#_ftn7" name="_ftnref7" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title="">Freedom of expression, which is an indispensable element of democracy, requires the free expression of all kinds of ideas and the public authorities’ tolerance against heavy criticism. Practices aimed at silencing the simplest criticisms are against basic constitutional principles and values such as human rights, democracy, and the rule of law. &nbsp;</a><a fr-original-style="" href="#_ftn7" name="_ftnref7" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""></a><a fr-original-style="" href="#_ftnref5" name="_ftn5" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""></a>

Freedom of Expression Under Attack

There was a concern in the public that the move to postpone the elections would be made by the ruling party based on the assumption that the government would be in a stronger position in the elections as the effects of the earthquake's destruction are alleviated over time.However, although pulling the elections forward is rare in presidential systems, it is a very common practice, especially in parliamentary systems. Yet, the postponement of elections has been linked to extraordinary exceptional situations and difficult conditions in democratic systems. According to the constitution, elections can only be postponed under the condition that the country should be at war. Although some jurists interpret the earthquake as a necessity in line with the statement of the Constitutional Court on June 15, 2012, "In the event of a necessity arising from war or any other reason, if the elections cannot be held, the president whose term has expired will continue to serve, even if there is no postponement decision". We can also say that this broad interpretation will undermine democratic institutions.As a matter of fact, the opposition parties rightly stated that, in accordance with the constitutional provision that stipulates that elections can only be postponed for up to one year in case of war, such a decision by the government would be unconstitutional and would constitute an anti-constitutional and anti-democratic deviation like a coup. In fact, since the declaration of a state of emergency in the region to cope with the problems caused by the earthquake disaster, there will be no need to postpone the elections anyway, since it is aimed at returning to the normal situation in the earthquake area in a short time. Fortunately, President Erdoğan, in his speech at the group meeting of his party on Tuesday, February 28, confirmed that the elections would be held on the date he had previously announced, by saying "I hope this nation will do what is necessary on May 14", thus eliminating the concerns about the postponement of the elections. However, if the election date becomes clear as May 14, the President must decide on an early election on March 10 at the latest.Although we have witnessed that many democratic institutions and practices have been eliminated or weakened by this government in recent years, we have not had any discussions about the postponement of the elections. Although the emergence of these discussions after the earthquake worried the public and opposition parties, we would like to state that we welcome the political consensus that the elections will not be postponed at the end of the day. <hr fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;"> 1 https://www.cumhuriyet.com.tr/siyaset/son-dakika-erdogan-yine-not-etti-kursude-14-mayis-mesaji-verdi-20565082 https://t24.com.tr/yazarlar/fusun-sarp-nebil/twitter-ve-tik-tok-un-bant-genisligi-nasil-ve-neden-daraltildi,386243 https://www.sondakika.com/haber/haber-turkiye-twitter-a-sorumluluklarini-hatirlatti-15619380/4 https://www.indyturk.com/node/608331/haber/siyaset-bilimci-%C3%B6zg%C3%BCn-emre-ko%C3%A7-g%C3%B6zalt%C4%B1na-al%C4%B1nd%C4%B15 https://www.gazeteduvar.com.tr/deprem-bilimci-prof-dr-ovgun-ahmet-ercan-gozaltina-alindi-haber-1606062 ; https://artigercek.com/guncel/gazeteci-gokhan-ozbek-hakkinda-gozalti-karari-241022h6 https://www.bbc.com/turkce/articles/cx79e19g5pqo7 https://t24.com.tr/haber/rudaw-ve-avesta-yayinlari-nin-web-sitelerine-erisim-engeli-getirildi,10939588 https://www.cumhuriyet.com.tr/turkiye/son-dakika-rtukten-depremzedenin-sesi-olan-halk-tv-tele-1-ve-foxa-ceza-20543079 https://www.yenicaggazetesi.com.tr/hukumet-istifa-sloganlari-bahceliyi-kizdirdi-634795h.htm10 https://www.sozcu.com.tr/2023/gundem/bahceli-bjk-uyeliginden-istifa-etti-7604157/11 https://t24.com.tr/haber/kayserispor-fenerbahce-macina-sari-lacivertli-taraftar-stada-alinmayacak,109506612 https://twitter.com/KeremALTIPARMAK/status/163097436164443341813 https://www.resmigazete.gov.tr/ilanlar/eskiilanlar/2023/02/20230221-4-6.pdf ; https://susma24.com/visnenin-cinsiyeti-kitabina-muzir-yayin-karari/14&nbsp; https://twitter.com/rihsaneliacik/status/1628080428916650002

Upcoming Elections

Many provinces, especially Hatay and Kahramanmaraş, were almost destroyed. Official data show that more than 40 thousand people lost their lives and more than 100 thousand people were removed from the wreckage with injuries, although the work on the wreckage has not yet been completed. In terms of the number of people who lost their lives and property damage, Turkey experienced the greatest natural disaster in its history.It should be noted that the biggest responsible for such dramatic losses are the politicians and administrators who did not do what should be done before and after the earthquake. Geologists, especially after the Elazig earthquake, stated that the Eastern Anatolian Fault line woke up from sleep and that preparations should be made against the earthquake at every opportunity. They stated that the earthquake resistance tests of the buildings should be carried out and that the risky houses should be determined immediately. Suffice it to claim that the government has not taken the necessary steps in this regard. Moreover, with the law known as zoning amnesty in 2019, legal legitimacy was provided to hundreds of thousands of illegal houses and increased the barriers to the conversion of risky houses. We are once again experiencing the consequences of policies that appeal to the short-term interests of politicians, such as zoning amnesty and construction-oriented economic growth.It should be noted that the government did not perform well in terms of preparedness for natural disasters. Although the earthquake affected a wide area, the lack of logistics plans against such a devastating scenario caused many wrecks to be inaccessible in the first days or even the first week, and many people lost their lives. On the other hand, it is seen as a serious mistake that the Turkish Armed Military Forces (TSK), as a disciplined, durable, and sizeable manpower organized in almost every district, was not sent to the field in the first few days for rescue efforts and to maintain safety and security of the community. Obviously, the AKP government's civilization policies of disaster management and the AFAD's inability to bring its resources to the level of preparedness for major natural disasters are one of the main reasons for the destruction we are experiencing. It could have been estimated that the number of personnel of AFAD, including volunteers, was only 10 thousand, which would be insufficient for search and rescue efforts in a disaster where thousands of buildings were destroyed. On the other hand, it should be noted that the relevant institutions of the government had a serious coordination problem and this caused many people to lose their lives in the race against time.

According to Article 119 of the Constitution, it is possible to declare a state of emergency due to a natural disaster. In this case, money, property, and work obligations may be imposed on citizens. According to Article 119/5 of the Constitution, these obligations are regulated by law. As a matter of fact, Law No. 2935 on the State of Emergency regulates the obligations and measures to be taken in the event of a state of emergency declared due to a natural disaster between articles 5 and 9. In addition, Article 119/6 of the Constitution authorizes the President to issue a Presidential decree on matters necessitated by the state of emergency, without being subject to the limitations in the second sentence of the seventeenth paragraph of Article 107 of the Constitution. These decrees are the equivalent of the old Statutory Decrees and are subject to parliamentary control. For this reason, they must be submitted to the Parliament for approval on the day they are published. It is regulated that if the parliament does not approve these decrees within three months, they will automatically be abolished.After a major earthquake disaster affecting the lives of millions of people, it may be necessary for public authorities to exercise some extraordinary powers to return life to normalcy as quickly as possible. However, these powers must be exercised under the Constitution and laws, in matters required by the state of emergency, and to the extent required by the state of emergency.The earlier implementations of the state of emergency, which was declared after the 15 July coup attempt in 2016 and said to be implemented for 45 days, and yet carried out for two years, raised concerns that the public officials would abuse the state of emergency this time. As a matter of fact, the President's statement to the press that the state of emergency was declared to interfere with the security problems[1] alleged to have occurred in the earthquake zone showed that these concerns were not unfounded. Because the measures that can be taken in cases of emergency declared due to disasters and epidemics are listed in Article 9 of the State of Emergency Law and there is no specific measure that can be taken in matters related to security such as looting.In addition, the presidential decrees and the decisions taken to show that the "requirements of the state of emergency" will be interpreted and applied very broadly. In this context, the President issued the first decree on 11 February under the state of emergency.[2] In the meantime, with Article 5 of Presidential Decree No. 120 regarding the measures taken in the jurisdiction within the scope of the state of emergency, the detention period was extended to four days for crimes of robbery and looting in places where a state of emergency was declared, and the prosecutor's office was given the authority to extend it for three days.However, there is no rule regarding detention periods in Article 9 of the State of Emergency Law. In addition, Article 119/6 of the Constitution does not recognize such an authority. This is because the fifth paragraph states that in cases of emergency, restrictions on fundamental rights can only be made by law. In the sixth paragraph, the exception of the emergency decrees from the second sentence of the seventeenth paragraph of Article 104 does not mean that fundamental rights can be limited by these decrees. Because the provision in question refers to "regulation", not "limitation". In other words, with these decrees, only the implementation of the restrictions envisaged in the State of Emergency Law can be regulated, and the decrees cannot impose restrictive provisions on their own. However, the supervision of such regulations by the Constitutional Court does not seem possible in line with the case law of the Constitutional Court in 2016.On the other hand, the President announced on February 12, 2023, that all universities will conduct their second-semester education remotely, and earthquake victims will be placed in KYK dormitories.[3] Although the authority to suspend education in public and private schools of all degrees is granted in paragraph (b) of Article 9 of the State of Emergency Law, it is not possible to say that it is necessary and proportionate to use this authority for regions not covered by the state of emergency.The powers of the state of emergency declared due to the earthquake should not be used in matters unrelated to the earthquake and interfered with individual rights by using them disproportionately.<a fr-original-style="" href="#_ftn3" name="_ftnref3" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title=""> </a><hr align="left" size="1" width="33%" fr-original-style="" style="height: 0px; overflow: visible; border-bottom: none; clear: both; user-select: none; break-after: page; box-sizing: border-box;"><a href="#_ftn3" name="_ftnref3" title="" target="_blank" fr-original-style="" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;"></a><a fr-original-style="" href="#_ftnref1" name="_ftn1" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title="">[1]</a><a fr-original-style="" href="https://www.youtube.com/watch?v=dPvX1KF3tXk" style="color: rgb(64, 169, 255); text-decoration: none; background-color: transparent; outline: 0px; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://www.youtube.com/watch?v=dPvX1KF3tXk</a><a fr-original-style="" href="#_ftnref2" name="_ftn2" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title="">[2]</a><a fr-original-style="" href="https://www.resmigazete.gov.tr/eskiler/2023/02/20230211M1-1.pdf" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://www.resmigazete.gov.tr/eskiler/2023/02/20230211M1-1.pdf</a><a fr-original-style="" href="#_ftnref3" name="_ftn3" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank" title="">[3]</a><a fr-original-style="" href="https://www.aksam.com.tr/trend/universiteler-online-mi-olacak-universiteler-2-donem-yuz-yuze-olmayacak-cumhurbaskani-acikladi/haber-1342948" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://www.aksam.com.tr/trend/universiteler-online-mi-olacak-universiteler-2-donem-yuz-yuze-olmayacak-cumhurbaskani-acikladi/haber-1342948</a>[4]<a fr-original-style="" href="https://www.resmigazete.gov.tr/eskiler/2023/02/20230211M1-1.pdf" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">https://www.resmigazete.gov.tr/eskiler/2023/02/20230211M1-1.pdf</a>&nbsp;[5]<a fr-original-style="" href="https://www.aksam.com.tr/trend/universiteler-online-mi-olacak-universiteler-2-donem-yuz-yuze-olmayacak-cumhurbaskani-acikladi/haber-1342948" style="color: rgb(9, 9, 9); text-decoration: none; background-color: transparent; outline: none; cursor: pointer; transition: color 0.3s ease 0s; touch-action: manipulation; user-select: auto; box-sizing: border-box;" target="_blank">&nbsp;https://www.aksam.com.tr/trend/universiteler-online-mi-olacak-universiteler-2-donem-yuz-yuze-olmayacak-cumhurbaskani-acikladi/haber-1342948</a>

State of Emergency Declared Due to Earthquake

Many charities, non-governmental organizations, and public institutions set up to serve the public tried to rescue civilians from the ruins. The failure of the coordinative institutions in this process cost many lives. In this section, we discuss the strange donation campaign by public institutions.While all this was going on, there were some strange developments. A donation program called "Turkey: One Heart" was held on February 15, 9 days after the earthquake, with the organization of the Radio and Television Supreme Council (RTÜK) and the Presidency of Communications. A donation of 115 billion Turkish Liras, or 6 billion dollars, was collected in the program. It was said that these donations will be directed to the Disaster and Emergency Presidency (AFAD) and the Turkish Red Crescent, which work as the coordination board in times of natural disasters. As this is the case, individuals generally donate through programs according to their own economic power. A slightly different and economically confusing thing happened in the broadcast of “Turkey: One Heart”. When we look at the sequential size of the donations made to the donation program, we can easily understand what the problem is.In this program;- The Central Bank of the Republic of Turkey (CBRT) 30 Billion TL, i.e. 1.6 billion dollars- Ziraat Bank 20 billion TL, that is, 1.05 billion dollars- Vakıfbank 12 billion TL, 635 million dollars- Halkbank 7 billion TL, 370 million dollars- Savings Deposit Insurance Fund (TMSF) 2 billion TL, 106 million dollars- Borsa Istanbul 2 billion dollars, 106 million dollars- Turkey Insurance and Turkey Hayat Emeklilik 2 billion TL, i.e. 106 million dollarsEmlak Participation (a state bank engaged in Islamic banking) 2 billion TL, 106 million dollars- Ziraat Participation (Islamic banking subsidiary of Ziraat Bank) 1 billion TL or 53 million dollarsThe abovementioned institutions donated such amounts of money. Although all of the above-listed companies are joint stock companies, they are financial and insurance institutions controlled by the state. In addition, institutions such as Turkcell, Türk Telekom, and Turkish Airlines, which are open to the public but under the direct control of the government, also donated 7.5 billion TL or 400 million dollars. In fact, institutions such as the Presidency of Religious Affairs, RTÜK, Istanbul Police Department, Defense Industry Presidency, and ASELSAN, which are also directly public institutions and under the control of the government, also announced large donations. Thus, about 80 percent of the total amount collected in the donation campaign came directly from public institutions or institutions controlled by the government.The point that draws attention here is that almost all of these institutions are affiliated with the central budget; When they make a profit, they transfer to the Treasury, and when they make a loss, they receive support from the Treasury. In fact, at the beginning of the year, a total of 60 billion TL was transferred from the central budget to the abovementioned three public banks (Ziraat, Vakıfbank, Halkbank). Now, these banks have transferred more than half of this amount back to AFAD and Kızılay. We will learn about the nature of the donation made by the Central Bank only when it is recorded on the balance sheet. As it is known, Central Banks declare high profits due to transactions such as increasing the monetary base and lending to the public in difficult economic times, and this is, indeed, an undesirable situation. All these things brought the donation program to the discussion. The donation statements of these central budget-dependent institutions are actually equivalent to the contributions made from the central budget. However, since the changes made in the central budget should be made and supervised by the decisions taken in the Turkish Grand National Assembly, there are doubts that the government has organized this donation program to avoid parliamentary control.

Earthquake and Public Donations (!)

The constitutional provision that came into force with the constitutional amendment made in 2017 clearly states that a person can be "elected as President twice at most" (art. 101/2). In this case, there appears to be a constitutional obstacle before Erdogan's candidacy for the third time. However, there is an opportunity in the constitution that makes it possible for Erdoğan to be a candidate for the third time at the end of his second term in office. Considering this possibility in the 2017 referendum, the government added a provision that paved the way for Erdogan's third presidential term. This opportunity, however, is limited by a provision in the constitution: “If the Parliament decides to renew the elections in the second term of the President, the President can be a candidate once again” (art. 116/3). Considering the current composition of the Parliament, this seems rather unlikely: in order to postpone the election to an early date, one has to secure the 3/5 majority of the Grand National Assembly of Turkey, which is the affirmative vote of at least 360 deputies. However, this does not seem possible for the government without the support of the opposition parties.In this situation where a qualified majority is not achieved in the parliament, pulling the election forward on May 14th can only be realized with the direct decision of the President to dissolve the parliament. In this scenario, if the president, not the parliament, decides to renew the elections, it would be unconstitutional for Erdoğan to be a candidate for the third time.Another discussion about bringing the election date forward is about whether the changes made in the election law on April 6, 2022, will be applied in the elections planned to be held on May 14, 2023. Some jurists state that the election law is a law that regulates not only the election day but also the election process, so an election to which the current election law will be applied can only be announced in the Official Gazette after 6 April 2023. In this scenario, considering the 60-day election calendar, it is not possible for the elections to take place on May 14th. If the government insists on holding the elections on May 14th , the President must take the decision to renew the election on March 9th at the latest and publish it in the Official Gazette. In this case, the amendments made in the election law on April 6, 2022 will be illegal to apply in the elections to be held on May 14th.Although these reservations are expressed by opposition parties and many jurists, the ruling bloc does not take these criticisms seriously. As a matter of fact, AKP group vice chairman Turan replied, "Let the YSK discuss Erdogan's candidacy. You, above all, announce your candidate". It should be noted that it is the norm in democratic countries that such legal debates revolve around high judicial bodies. However, in the recent past, the decisions of many judicial institutions, especially the YSK, that serve the interests of the political power confine this issue to the axis of politics and damage the credibility of the decisions to be taken from now on.

The Freedom Observer

The Freedom Observer

The Freedom Observer

LATEST STORIES

Reconstruction of Cities

Electoral Alliances

Record Current Account Deficit and Central Bank Reserve

Civil Society and Increasing Pressures After the Earthquake

Freedom of Expression Under Attack

Upcoming Elections

Turkey Is Going Through Its Most Painful Days

State of Emergency Declared Due to Earthquake

Earthquake and Public Donations (!)

Erdoğan’s Run for the Presidency for the Third Time

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