12 September powers under decree

Under the Presidential Decree issued on Sunday, the State Auditing Board (SAB), its duties having been redefined, has been empowered to conduct all manner of administrative investigation, examination, inquiry and audit at professional institutions having the status of public bodies, employees’ and employers’ professional institutions at all levels and associations and foundations for the public good. The board member who chairs the audit and investigation boards (group chair) has also been vested with new powers under the decree. In the course of audits, the group chair may apply the measure of removal from office to officials at every level and rank “who engage in demeanour that hampers or prevents the audit, who it appears will increase public loss if they remain in office, who it appears will tamper with crime evidence and whose continuation in office is deemed objectionable in terms of public service requirements.” If the reason for removal ceases to exist, it is determined that no crime has been committed or no other penalty is proposed in disciplinary terms, the person who has been removed from office will immediately be returned to office by the supervisor with appointment authorisation. Trade unions and professional organisations had the following to say about this:

 -Confederation of Progressive Trade Unions Chair Arzu Çerkezoğlu: The SAB has been given 12 September powers. Trade unions, professional organisations and associations have been placed under presidential tutelage. Arbitrary powers that do not accord with the democratic rule of law have been given to the SAB under the presidential decree. Trade unions, professional organisations, associations and foundations will more or less turn into presidential offices, all kinds of documents and information of trade unions will be audited without any restriction by the SAB, which is an administrative unit and has no judicial status, and it will be possible for the elected administrators of trade unions and professional organisations to be removed from office by the SAB.

 The powers given to the SAB are also contrary to ILO treaties and the Trade Unions and Collective Labour Agreements Law number 6356. A power grab has more or less been made under Presidential Decree Number 5 and parliament’s powers have been exercised arbitrarily by the President. According to Article 51 of the Constitution, provision for the right to establish trade unions can only be made through statute. Auditing of trade unions is done under trade unions’ auditing rules and by sworn-in certified public accountants. Trade unions must immediately be removed from the scope of the SAB’s powers provided for under the Presidential Decree.

 -Union of Turkish Chambers of Engineers and Architects Chair Emin Koramaz: I fear that, especially considering the environment of duress that has been established over the past two years in the state of emergency period, a decree issued in this way will be used as a means to constantly pressurize, intimidate and subjugate professional institutions, associations and trade unions. Considered in conjunction with the judiciary and parliament having to a large extent lost their effectiveness and the principle of the separation of powers having been to a large extent eliminated under constitutional change, we see that the checking and balancing mechanisms in the regime have been fully dispensed with. Professional institutions having the status of public bodies have been empowered under Article 135 of the Constitution to engage in the relevant professional endeavours and professional audits in their own areas of expertise for the public good. Bringing these institutions to the point at which they cannot perform their constitutional duties will lead to the loss of more public money especially on technical projects.

 “Veiled state of emergency”

 -Turkish Medical Association Chair Sinan Adıyaman: The state of emergency will end on the evening of 18 July. Following the lifting of the state of emergency, state of emergency implementations will be continued by means of the SAB through the bestowing of indeterminate powers. There is talk of the state of emergency being lifted, but the state of emergency will continue through the SAB despite this being contrary to the Constitution and international treaties. There is also no objection authority against this. So, the state of emergency will continue in a secret manner, in a veiled manner. We think that this will be used as a means of pressurization especially against democratic mass organisations that exercise their right to democratic opposition.

 Kararnamede 12 Eylül yetkileri