'SoE Commission does not have any legal, administrative, financial, or criminal liability'

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Engin Karataş, a primary school teacher in Bodrum, Muğla in the Southwest of Türkiye was discharged from public service by a Statutory Decree on October 29, 2016. He appealed to the State of Emergency Commission (SoE Commission) and requested his reinstatement.

However, the SoE Commission rejected his request referring to the "I want my job back" protests that he staged after being discharged.

bianet reported the commission decision on December 19, 2019, calling it a "Back to the Future' decision by the State of Emergency Commission.'

In January this year, Karataş made a complaint about the SoE Commission to the Council of Judges and Prosecutors (HSK).

He recently learned through a written notification that his complaint was not put in process.
In the notification, it is stated that 'no liability can be attributed to the members of the State of Emergency Commission examining the SoE measures.'

Law no. 6755 on measures to be taken in the scope of State of Emergency, dated 08.11.2016 was quoted as the justification.

Article 37 of this law on 'Liability' reads as follows:

"Those who are assigned to duties to take decisions, to execute the decisions or measures in the scope of suppressing the attempted coup and terrorist actions realized on July 15, 2016, and the actions which are the continuation of the same, those who carry out a duty in the scope of all kinds of legal or administrative measures taken and those who make decisions and carry out duties in the scope of statutory decrees issued during the State of Emergency will not be any legal, administrative, financial or criminal liability due to such decisions, duties or actions."

What happened?

After the rejection of the Commission of his request, Karataş had said in 2019, "Before I was dismissed, no lawsuits had been filed against me and I had never been detained in my life. The day after my discharge and in the following three days, I went to my school and had my classes."

"As the reason for my dismissal, they referred to the lawsuits that they filed against me for demanding my job and supporting others expressing the same demand. Making an examination for three years, the commission could not find anything during my pre-discharge period.

"Around 50 lawsuits and investigations have been opened against me during my resistance and apart from the remaining four lawsuits, all investigations and lawsuits have ended in non-prosecution and acquittal.

"They could present no concrete evidence as to why they dismissed me. They listed the ongoing lawsuits that will most probably end in acquittal.

"They provided all justifications after the lawsuits filed against me. I did not demand my job before that, I had already been working..."

The SoE Commission however concluded that Karataş was 'affiliated to an [terrorist] organization' based on the investigations and lawsuits against his demonstrations for demanding his job and rejected his request.

The Ministry of Education stated in response when asked that there is no report or document showing that Karataş 'has affiliation to an [terrorist] organization.'

Engin Karataş now has the right to take action against this decision at the Ankara administrative court. (AS/PE)