Democracy and Progress (Deva) Party announced to the public its action plan, which aims to eliminate the grievances caused by the decree laws (KHK) issued during the state of emergency (OHAL) after the July 15 coup attempt. While the action plan announced by Chairman Ali Babacan and Head of Law and Justice Policies Mustafa Yeneroğlu consists of 18 items, it was also promised to be implemented within the first 90 days of their coming to power.
“WHEN THE AIR WAS MISTY, THE SUN WAS DAWNED FOR OPPORTUNISTS”
Making a speech in the program, Deva Party Chairman Ali Babacan emphasized that although the coup attempt was defeated on the night of July 15, Turkey did not turn towards democracy and said, “There was no theater on the night of July 15. A group of putschists, who had given their minds to terrorist organization FETO, attempted to destroy our democracy. Then, the democratic state of law began to be destroyed by the government. The government, on the other hand, exploited this ownership as owning its own grave mistakes. When the Presidency Government System came with a referendum held under the state of emergency, democracy was badly damaged. A lot of people were expelled from the public service with the emergency decrees without a judicial decision. When the weather was misty, the day was born for those who were opportunistic. All of the opportunists who mixed horse trail with dog trail during the state of emergency gained strength from Beştepe. In a state of law, the trace of the right does not interfere anywhere. If the rule of law is there, it will not lose its traces.”
18-ITEM ACTION PLAN ANNOUNCED
DEVA Party Deputy Chairman Mustafa Yeneroğlu announced the action plan, consisting of 3 main headings and 18 articles, regarding those who were expelled with the State of Emergency Decree Law. Action plan; It consists of three main headings: the solution proposals regarding the dismissals with the Emergency Decrees, the solution proposals for the consequences of the emergency decrees on social life and the private sector, and the proposals for criminal proceedings.
DECREE-LAW VICTIMS WILL BE RETURNED TO THEIR DUTIES
The items in the action plan are as follows:
Ensuring the return of the rights and reputations of those who were unfairly expelled.
Unjustly expelled public servants will be reinstated.
Legal arrangements will be made for those expelled from the lists attached to the emergency decree laws, based on the authority given by the state of emergency decree laws, or according to the temporary article 35 of the decree numbered 375.
It will be ensured that those who are de facto or legally impossible to be appointed to their former positions and those who have worked within the institutions directly performing duties related to public order and national security will start a task that the relevant administration deems appropriate, in a way that will protect their cadres and degrees in line with their acquisitions and their financial personnel rights.
Judicial remedy will also be kept open against these decisions of the administration. It will also be possible to establish early retirement under certain conditions.
ALL RESTRICTIONS WILL BE REMOVED
All kinds of legal, financial and social rights of persons reinstated to public office will be restored by applying them retroactively and effectively.
All restrictions on the rights of these people, established by sanctions, measures or other names, will be lifted.
State of Emergency decree lists containing the names of these persons or other lists are from the Official Gazette; their records will be deleted from the records of all institutions and organizations.
Depending on their wishes under certain conditions; Provided that the geographical organization of the relevant institution is possible, they will be given the opportunity to start working in the city where they live.
Sanitary and social rehabilitation opportunities will be provided for victims who have suffered bodily and mental harm due to the cause and effect of the state of emergency, and for their relatives who are directly or indirectly affected.
OHAL COMMISSION WILL BE CLOSED
The State of Emergency Procedures Investigation Commission, which was established under the Law No. 7075, which caused serious grievances, will be closed. Law no. 7075 will be abolished completely.
Provisional Article 35 of Decree Law No. 375, which allows the direct dismissal of public servants, will be abolished.
Persons who have been decided of non-prosecution will be acquitted or who have been acquitted after our bill comes into force will be reinstated accordingly.
Elimination of the consequences of decree laws that reflect on social life and the private sector.
With the same legal regulation, the loss of rights and violations of rights suffered by individuals who were directly or indirectly dismissed from public office with the Emergency Decrees and the temporary article 35 of the Decree Law No. 375, will end.
VICTIMISATION ARISING FROM SECURITY INVESTIGATION WILL BE REMEDIED
The legal and de facto barriers to working in the private sector will be removed for people who have been dismissed from public service or who work in private institutions that have been closed by the State of Emergency Decrees.
Working license/license/permit etc. such documents of people whose work documents have been canceled and who are prevented from doing their jobs will be returned unconditionally and absolutely.
The grievances arising from the negative results of the security investigation and archive research reports due to the fact that their relatives are from KHK will be eliminated.
The freedom to go abroad is limited only to criminal investigation and legislative provisions and practices that violate the constitutional rule stating that it can be banned due to prosecution and by a judge's decision will be terminated.
ALL INJUSTICES IN CRIMINAL SUITS WILL BE FIXED
Elimination of all injustices in criminal proceedings.
All injustices arising from being tried within the scope of membership of a terrorist organization in violation of the right to a fair trial and the principle of legality in crime and punishment will be ended.
The injustices will be ended by ensuring that the people who are unlawfully convicted and sentenced for the crimes of being a member of an armed terrorist organization and aiding an armed terrorist organization, even though they did not intend to be a member of an armed terrorist organization who did not know the nature of the organization that had no connection with the coup attempt, will be tried again.
For those who have been given a decision to defer the announcement of the verdict, the way to overturn the law will be opened upon request.
A person with a final conviction, If this person is also convicted of another crime within the scope of the Anti-Terror Law No. 3713, this person will be excluded from the legal regulation.