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.

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