Enviado para su difusión por Ibrahim Kaboglü. Profesor de Derecho Constitucional en la Universidad Marmara de Estambul y Presidente de la Unión de Abogados de Turquía.
‘PRIORITY: DEMOCRACY’ INITİATIVE
We condemn the coup attempt; WE CALL CONSTITUTIONAL INSTITUTIONS FOR RESPECT TO THE Rule of law.
1) We openly condemn the military coup.
2) While we honour those who lost their lives, we also share the deep pain of their families.
3) From now on Turkey must take necessary measures to prevent military coups in the future. As per the Consitutation Article 98, a RESEARCH COMISSION into National Assembly must be established and after an effective research, findings must be shared with the public. Those who are negligence must resign, the accountability mechanisms must be activated.
4) All measures taken must comply with the RULE OF LAW.
5) After the coup attempt, all sanctions must take take into account and respect the Constitution and European Convention of Human Rights.
6) All acts of searching, arrested and custody should be conducted within those principles; people who have allegations against them should not be treated against the presumption of innocence and deemed guilty.
7) Detention is a exceptional act which can be done only by a court ruling.
8) Torture, mal treatment and insulting are crimes against HUMANITY. Following the coup attempt, the photos that we saw in the media shows that Article 17 of the Constitution.
9) The necessities of fair trail should be followed.
10) Due to the hierarchial systems within the army, the soldiers who took part in the coup attempt should not be treated the same way. In particuler when investigating the soldiers with lower ranking, last paragraph of the Article 137 of the Constitution which regulates UNLAWFUL ORDER must be taken into account.
11) Due to Human Rights Law, CAPITAL PUNISHMENT cannot be brought back; and even if it is brought back, it cannot be applied retrospectively.
12) Masses should not be called to streets, use of force and hate speech should be refrained. Committing crime on the streets should not be allowed. For those are involved in crimes an EFFICIENT INVESTIGATION must be initatied, after a fast and independent investigation deterrent penalties should be given.
13) For Turkey to pass LAW and DEMOCRACY test before the international society, the first condition is to agree that legislative, executive and judicial powers must comply with Human Rights and the genel principles of law.
14) Those who act against the Constitution law are making the way for the non-compliance for the Constituional order. IT IS CONTRADICTORY TO HAVE MEASURES THAT ARE AGAINST THE CONSTITUTION FOR THOSE WHO BREACHED THE CONSTITUTION! BATTLE AGAINST CRIMES MUST BE DONE IN ACCORDANCE WITH HUMAN RIGHTS, IN LINE WITH THE PRINCIPLES OF HUMAN RIGHTS, SECULAR, DEMOCRATIC AND SOCIAL STATE LAW. Thus, the acts against the coup, does not legitimate using religion for politics.
15) IN SUMMARY; while we reitrate that we are against coup, we are also against civilan and elected authorities to use coup law, suspend Constitutional law and in particular binding international treaties on Human Rights Law.
ANNOUNCED TO THE PUBLIC WITH RESPECT.