The KHK Process in Turkey and the Limits of Legal Struggle

It is necessary to approach the subject from two different perspectives. This is because, for a person to be dismissed from public service by a statutory decree (KHK), it must be acknowledged that the state is facing a serious security problem. In such cases, the issued KHKs appear as a result of political preferences rather than legal necessities.

Two Periods, Two Practices

There are two periods in Turkey where the practice of dismissing public servants through KHKs became prominent. The first is the military coup period of September 12, 1980, and the second is the State of Emergency period declared after July 15, 2016. While the first period refers to purges known as "1402-ers" in public opinion, applied in a more limited area; the second period evolved into a much broader application in terms of both method and scope, resulting in the termination of employment for more than 130,000 public servants.

A significant portion of those whose employment was terminated in the second period were also subjected to investigations, prosecutions, and trials on allegations of "organization" affiliation. Some of the individuals tried received prison sentences; the sentences given to some were suspended, while others remained or are still in prison.

Limits of Legal Struggle

Individuals dismissed from public service by KHKs filed lawsuits in administrative courts to return to their positions. Those who received criminal sentences also appealed the decisions of the criminal courts; some of those who exhausted domestic legal remedies took their applications to the European Court of Human Rights.

Looking at the emerging picture, it is evident that the loss of rights suffered by individuals dismissed by KHKs has not been significantly remedied as a result of their legal struggles. This situation indicates serious problems not only regarding legal regulations in Turkey but also concerning the implementation of decisions made by international legal mechanisms, especially the ECHR.

It is clear that the law alone is not sufficient to solve the current problem and offers a limited scope for resolution.

Reasons for the KHKs

To develop a solution proposal, it is first necessary to understand why KHK practices were needed. The state and the government state that KHKs were issued for the following reasons:

• The belief that the threat to state security could not be eliminated by other means,

• The conviction that dismantling the organizational structure within state institutions through normal judicial processes would take years or be impossible,

• The assessment that the state structure was severely damaged after the coup attempt and rapid intervention was imperative,

• The idea that the re-emergence of similar structures could only be prevented by extraordinary measures,

• The approach that emergency powers are a constitutional tool.

When the above reasons are evaluated, it is seen that the government implemented KHKs largely out of a political preference. Although judicial avenues were kept open for those whose employment was terminated, it is understood that this method was resorted to in order to prevent the state structure from being re-filled by individuals holding the same ideology.

Two Key Tasks for a Solution

1. Changing Social and Political Perception

Members of the community alleged to have "organization" ties, especially those dismissed from their positions by KHKs, need to contribute to changing the perception that has formed within the Republic of Turkey's state and government through their discourse, actions, and social work.

2. Strengthening the Demand for Political and Legal Regulation

Based on the fact that KHKs are not merely legal texts but also political decisions, efforts to increase public pressure for new legal regulations by the Grand National Assembly of Turkey to remedy grievances must be strengthened.