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Turkish lawyers say emergency decree grants impunity for political violence

By AFP
December 26, 2017

ANKARA: A new emergency decree in Turkey could allow vigilantes to carry out political violence with impunity against opponents of the government suspected of involvement in last year’s coup attempt, Turkey’s main lawyers’ groups said on Monday.

The government defended the emergency decree, issued on Sunday, which it said was intended to ensure that Turks who took to the streets to protect the elected government during the failed 2016 coup would not face punishment.

Turkey already granted officials immunity last year from prosecution for their official actions taken to suppress the coup. Sunday’s decree extended that immunity to civilians "whether they have an official title or not, and whether they have carried out official duties or not".

The lawyers’ groups said the measure was vaguely-worded and could lead to violence.

"People will start shooting each other in the head on the streets. How will you prevent this?" Metin Feyzioglu, the head of the Union of Turkish Bar Associations, said in a video response. "So you have brought out an article that leaves civilians killing and lynching each other unpunished and without compensation. Are you aware of what you have done Mr President?"

Turkey’s main opposition Republican People’s Party (CHP) said it would appeal the decree at the constitutional court. In a rare show of opposition, Abdullah Gul, a former president and longtime ally of President Tayyip Erdogan, said the wording of the article was worrisome, adding that he hoped it would be revised to prevent problems in the future.

A separate decree on Sunday dismissed 2,756 more people from their jobs, accusing them of links to terrorist organisations. Turkey has already sacked or suspended more than 150,000 police, teachers, lawyers and other professionals from their jobs in the aftermath of the coup. More than 50,000 people have been arrested.

In a joint statement, the Ankara and Istanbul bar associations called Sunday’s two decrees "the last two nails in the coffin of the law". Erdogan says tough measures in the wake of the coup are necessary to root out the perpetrators.

His government blames the failed takeover on followers of Fethullah Gulen, a Turkish-born cleric based in the United States, who denies responsibility. The lawyers said the decree granting immunity did not make clear what sort of actions could be seen as furthering the aims of the coup, for which civilians carrying out revenge attacks could now be protected from punishment. The government said the decree covered only the night of the failed military takeover itself, despite the date not being specified in the text.