Human Rights e.V.

Human Rights

THE TERM OF THE INQUIRY COMMISSION ON THE STATE OF EMERGENCY MEASURES (ICSEM) IS ENDING

2 min read

The closure of the ICSEM is important, but there is no concrete change in favor of the victims...

The ICSEM, has taken away people’s faith in the law. In some cases, the ICSEM did not recognize the decision of the Constitutional Court, for example the prominent cases of the ‘Peace Academics’ who were dismissed for signing the ‘Peace Declaration’ were not reinstated.

Furthermore, the ICSEM, committed a constitutional violation and the right for a fair trial was usurped for six years. The abolition of the ICSEM will not fix anything. The ICSEM made many decisions based on the ‘opinion of the institution’. Now those institutions will take judicial action. What really needs to be solved is for citizens to have the right to a fair trial.  The institutional opinion is scandalous from the beginning. It is not clear who is authorized to issue this “institutional opinion”. It is an abstract evaluation. Now the Government is authorizing the institutions that gave those opinions, not to mention that there is no legal definition for the “institutional opinion” in the law.

Closing the ICSEM after 6 years and reassigning it to institutions will prolong the process even more. Institutions will also create a new unit for the files they have received. 6 years of unlawfulness of the ICSEM will be continued within the Ministries or relevant State Departments.

Unless there is a change in the understanding, it does not make much difference whether the ICSEM is abolished or handed over to the Ministries.

The judicial process needs to be accelerated. For 7 years, there are decisions pending in administrative courts. Not only the commission but also the administrative and appeal courts are politicized. Whatever the ICSEM decides, the courts make subjective decisions without any legal evaluation. The closure of the ICSEM is important, but there is no concrete change in favor of the victims.

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