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THE CONSTITUTION OF
THE REPUBLIC OF TURKEY
PREAMBLE (As amended on October 17, 2001)
In line with the concept of nationalism and the reforms and principles
introduced by the founder of the Republic of Turkey, Atatürk, the immortal
leader and the unrivalled hero, this Constitution, which affirms the eternal
existence of the Turkish nation and motherland and the indivisible unity of
the Turkish state, embodies;
The determination to safeguard the everlasting existence, prosperity and
material and spiritual well-being of the Republic of Turkey, and to attain
the standards of contemporary civilization as an honourable member with equal
rights of the family of world nations;
The understanding of the absolute supremacy of the will of the nation and of
the fact that sovereignty is vested fully and unconditionally in the Turkish
nation and that no individual or body empowered to exercise this sovereignty
in the name of the nation shall deviate from liberal democracy and the legal
system instituted according to its requirements;
The principle of the separation of powers, which does not imply an order of
precedence among the organs of state, but refers solely to the exercising of
certain state powers and discharging of duties which are limited to
cooperation and division of functions, and which accepts the supremacy of the
Constitution and the law;
The recognition that no protection shall be accorded to an activity
contrary to Turkish national interests, the principle of the indivisibility
of the existence of Turkey with its state and territory, Turkish historical
and moral values or the nationalism, principles, reforms and modernism of
Atatürk and that, as required by the principle of secularism, there shall be
no interference whatsoever by sacred religious feelings in state affairs and
politics; the acknowledgment that it is the birthright of every Turkish
citizen to lead an honourable life and to develop his or her material and
spiritual assets under the aegis of national culture, civilization and the
rule of law, through the exercise of the fundamental rights and freedoms set
forth in this Constitution in conformity with the requirements of equality
and social justice;
The recognition that all Turkish citizens are united in national honour and
pride, in national joy and grief, in their rights and duties regarding
national existence, in blessings and in burdens, and in every manifestation
of national life, and that they have the right to demand a peaceful life
based on absolute respect for one another’s rights and freedoms, mutual love
and fellowship and the desire for and belief in “Peace at home, peace in the
world”.
This Constitution, which is to be embraced with the ideas, beliefs, and
resolutions it embodies below should be interpreted and implemented
accordingly, thus commanding respect for, and absolute loyalty to, its letter
and spirit.
Is entrusted by the Turkish nation to the patriotism and nationalism
of its democracy-loving sons and daughters.
PART ONE
GENERAL PRINCIPLES
I. Form of the State
ARTICLE 1. The Turkish state is a Republic.
II. Characteristics of the Republic
ARTICLE 2. The Republic of Turkey is a democratic, secular and social state
governed by the rule of law; bearing in mind the concepts of public peace,
national solidarity and justice; respecting human rights; loyal to the
nationalism of Atatürk, and based on the fundamental tenets set forth
in the Preamble.
III. Integrity of the State, Official Language, Flag, National Anthem, and
Capital
ARTICLE 3. The Turkish state, with its territory and nation, is an
indivisible entity. Its language is Turkish.
Its flag, the form of which is prescribed by the relevant law, is composed of
a white crescent and star on a red background.
Its national anthem is the “Independence March”.
Its capital is Ankara.
IV. Irrevocable Provisions
ARTICLE 4. The
provision of Article 1 of the Constitution establishing the form of the state
as a Republic, the provisions in Article 2 on the characteristics of the
Republic, and the provision of Article 3 shall not be amended, nor shall
their amendment be proposed.
V. Fundamental Aims and Duties of the State
ARTICLE 5. The fundamental aims and duties of the state are; to safeguard the
independence and integrity of the Turkish Nation, the indivisibility of the
country, the Republic and democracy; to ensure the welfare, peace, and
happiness of the individual and society; to strive for the removal of
political, social and economic obstacles which restrict the fundamental
rights and freedoms of the individual in a manner incompatible with the
principles of justice and of the social state governed by the rule of law;
and to provide the conditions required for the development of the
individual’s material and spiritual existence.
VI. Sovereignty
ARTICLE 6. Sovereignty is vested fully and unconditionally in the nation.
The Turkish Nation shall exercise its sovereignty through the authorised
organs as prescribed by the principles laid down in the Constitution.
The right to exercise sovereignty shall not be delegated to any individual,
group or class. No person or agency shall exercise any state authority which
does not emanate from the Constitution.
VII. Legislative Power
ARTICLE 7. Legislative power is vested in the Turkish Grand National Assembly
on behalf of the Turkish Nation. This power cannot be delegated.
VIII. Executive Power and Function
ARTICLE 8. Executive power and function shall be exercised and carried out by
the President of the Republic and the Council of Ministers in conformity with
the Constitution and the law.
IX. Judicial Power
ARTICLE 9. Judicial power shall be exercised by independent courts on behalf
of the Turkish Nation.
X. Equality before the Law (As amended on May 22, 2004)
ARTICLE 10. All individuals are equal without any discrimination before
the law, irrespective of language, race, colour, sex, political opinion,
philosophical belief, religion and sect, or any such considerations.
Men and women have equal rights and the State is responsible to implement
these rights.
No privilege shall be granted to any individual, family, group or class.
State organs and administrative authorities shall act in compliance with the
principle of equality before the law in all their proceedings.
XI. Supremacy and Binding Force of the Constitution
ARTICLE 11. The provisions of the Constitution are fundamental legal rules
binding upon legislative, executive and judicial organs, and administrative
authorities and other institutions and individuals.
Laws shall not be in conflict with the Constitution.
PART TWO
FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER ONE
GENERAL PROVISIONS
I. Nature of Fundamental Rights and Freedoms
ARTICLE 12. Everyone possesses inherent fundamental rights and freedoms which
are inviolable and inalienable.
The fundamental rights and freedoms also comprise the duties and
responsibilities of the individual to the society, his or her family, and
other individuals.
II. Restriction of Fundamental Rights and Freedoms
ARTICLE 13. (As amended on October 17, 2001)
Fundamental rights and freedoms may be restricted only by law and in
conformity with the reasons mentioned in the relevant articles of the
Constitution without infringing upon their essence. These restrictions shall
not be in conflict with the letter and spirit of the Constitution and the
requirements of the democratic order of the society and the secular Republic
and the principle of proportionality.
III. Prohibition of Abuse of Fundamental Rights and Freedoms
ARTICLE 14. (As amended on October 17, 2001)
None of the rights and freedoms embodied in the Constitution shall be
exercised with the aim of violating the indivisible integrity of the state
with its territory and nation, and endangering the existence of the
democratic and secular order of the Turkish Republic based upon human rights.
No provision of this Constitution shall be interpreted in a manner that
enables the State or individuals to destroy the fundamental rights and
freedoms embodied in the Constitution or to stage an activity with the aim of
restricting them more extensively than stated in the Constitution.
The sanctions to be applied against those who perpetrate these activities in
conflict with these provisions shall be determined by law.
IV. Suspension of the Exercise of Fundamental Rights and Freedoms (As amended
on May 22, 2004)
ARTICLE 15. In times of war, mobilization, martial law, or state of
emergency, the exercise of fundamental rights and freedoms can be partially
or entirely suspended, or measures may be taken, to the extent required by
the exigencies of the situation, which derogate the guarantees embodied in
the Constitution, provided that obligations under international law are not
violated.
Even under the circumstances indicated in the first paragraph, the
individual’s right to life, and the integrity of his or her material and
spiritual entity shall be inviolable except where death occurs through lawful
act of warfare; no one may be compelled to reveal his or her religion,
conscience, thought or opinion, nor be accused on account of them; offences
and penalties may not be made retroactive, nor may anyone be held guilty
until so proven by a court judgment.
V. Status of Aliens
ARTICLE 16. The fundamental rights and freedoms of aliens may be restricted
by law in a manner consistent with international law.
CHAPTER TWO
RIGHTS AND DUTIES OF THE INDIVIDUAL
I. Personal Inviolability, Material and Spiritual Entity of the Individual
(As amended on May 22, 2004)
ARTICLE 17. Everyone has the right to life and the right to protect and
develop his material and spiritual entity.
The physical integrity of the individual shall not be violated except under
medical necessity and in cases prescribed by law; and shall not be subjected
to scientific or medical experiments without his or her consent.
No one shall be subjected to torture or ill-treatment; no one shall be
subjected to penalties or treatment incompatible with human dignity.
Cases such as the act of killing in self-defence, occurrences of death as
a result of the use of a weapon permitted by law as a necessary measure
during apprehension, the execution of warrants of arrest, the prevention of
the escape of lawfully arrested or convicted persons, the quelling of riot or
insurrection, or carrying out the orders of authorized bodies during martial
law or state of emergency, are outside of the scope of the provision of
paragraph 1.
II. Prohibition of Forced Labour
ARTICLE 18. No one shall be forced to work. Forced labour is prohibited.
Work required of an individual while serving a prison sentence or under
detention, services required from citizens during a state of emergency, and
physical or intellectual work necessitated by the requirements of the country
as a civic obligation do not come under the description of forced labour,
provided that the form and conditions of such labour are prescribed by law.
III. Personal Liberty and Security
ARTICLE 19. (As amended on October 17, 2001)
Everyone has the right to liberty and security of person.
No one shall be deprived of his or her liberty except in the following cases
where procedure and conditions are prescribed by law: Execution of sentences
restricting liberty and the implementation of security measures decided by
court order; apprehension or detention of an individual in line with a court
ruling or an obligation upon him designated by law; execution of an order for
the purpose of the educational supervision of a minor or for bringing him or
her before the competent authority; execution of measures taken in conformity
with the relevant legal provision for the treatment, education or correction
in institutions of a person of unsound mind, an alcoholic or drug addict or
vagrant or a person spreading contagious diseases, when such persons
constitute a danger to the public, apprehension or detention of a person who
enters or attempts to enter illegally into the country or for whom a
deportation or extradition order has been issued.
Individuals against whom there is strong evidence of having committed an
offence can be arrested by decision of a judge solely for the purposes of
preventing escape, or preventing the destruction or alteration of evidence as
well as in similar other circumstances which necessitate detention and are
prescribed by law. Apprehension of a person without a decision by a judge
shall be resorted to only in cases when a person is caught in the act of
committing an offence or in cases where delay is likely to thwart the course
of justice; the conditions for such acts shall be defined by law.
Individuals arrested or detained shall be promptly notified, and in all cases
in writing, or orally, when the former is not possible, of the grounds for
their arrest or detention and the charges against them; in cases of offences
committed collectively this notification shall be made, at the latest, before
the individual is brought before a judge.
The person arrested or detained shall be brought before a judge within at
latest forty-eight hours and in the case of offences committed collectively
within at most four days, excluding the time taken to send the individual to
the court nearest to the place of arrest. No one can be deprived of his or
her liberty without the decision of a judge after the expiry of the
above-specified periods. These periods may be extended during a state of
emergency, under martial law or in time of war.
The arrest or detention of a person shall be notified to next of kin
immediately.
Persons under detention shall have the right to request trial within a
reasonable time or to be released during investigation or prosecution. Release
may be made conditional to the presentation of an appropriate guarantee with
a view to securing the presence of the person at the trial proceedings and
the execution of the court sentence.
Persons deprived of their liberty under any circumstances are entitled to
apply to the appropriate judicial authority for speedy conclusion of
proceedings regarding their situation and for their release if the
restriction placed upon them is not lawful.
Damage suffered by persons subjected to treatment contrary to the above
provisions shall be compensated by the State with respect to the general
principles of the law on compensation.
IV. Privacy and Protection of Private Life
A. Privacy of Individual Life
ARTICLE 20. (As amended on October 17, 2001)
Everyone has the right to demand respect for his or her private and
family life. Privacy of an individual or family life cannot be violated.
Unless there exists a decision duly passed by a judge on one or several of
the grounds of national security, public order, prevention of crime
commitment, protection of public health and public morals, or protection of
the rights and freedoms of others, or unless there exists a written order of
an agency authorised by law in cases where delay is prejudicial, again on the
above-mentioned grounds, neither the person nor the private papers, nor
belongings, of an individual shall be searched nor shall they be seized. The
decision of the authorized agency shall be submitted for the approval of the
judge having jurisdiction within 24 hours. The judge shall announce his
decision within 48 hours from the time of seizure; otherwise, seizure shall
automatically be lifted.
B. Inviolability of the Domicile
ARTICLE 21. (As amended on October 17, 2001)
The domicile of an individual shall not be violated.
Unless there exists a decision duly passed by a judge on one or several of
the grounds of national security, public order, prevention of crime
commitment, protection of public health and public morals, or protection of
the rights and freedoms of others, or unless there exists a written order of
an agency authorised by law in cases where delay is prejudicial, again on the
above-mentioned grounds, no domicile may be entered or searched or the
property therein seized. The decision of the authorised agency shall be
submitted for the approval of the judge having jurisdiction within 24 hours. The
judge shall announce his decision within 48 hours from the time of seizure;
otherwise, seizure shall automatically be lifted.
C. Freedom of Communication
ARTICLE 22. (As amended on October 17, 2001)
Everyone has the right to freedom of communication.
Secrecy of communication is fundamental.
Unless there exists a decision duly passed by a judge on one or several of
the grounds of national security, public order, prevention of crime
commitment, protection of public health and public morals, or protection of
the rights and freedoms of others, or unless there exists a written order of
an agency authorised by law in cases where delay is prejudicial, again on the
above-mentioned grounds, communication shall not be impeded nor its secrecy
be violated. The decision of the authorised agency shall be submitted for the
approval of the judge having jurisdiction within 24 hours. The judge shall
announce his decision within 48 hours from the time of seizure; otherwise,
seizure shall automatically be lifted.
Public establishments or institutions where exceptions to the above may be
applied are defined by law.
V. Freedom of Residence and Movement
ARTICLE 23. (As amended on October 17, 2001)
Everyone has the right to freedom of residence and movement.
Freedom of residence may be restricted by law for the purpose of preventing
offences, promoting social and economic development, ensuring sound and
orderly urban growth, and protecting public property; freedom of movement may
be restricted by law for the purpose of investigation and prosecution of an
offence, and prevention of offences. A citizen’s freedom to leave the country
may be restricted on account of civic obligations, or criminal investigation
or prosecution.
Citizens may not be deported, or deprived of their right of entry to their
homeland.
VI. Freedom of Religion and Conscience
ARTICLE 24. Everyone has the right to freedom of conscience, religious belief
and conviction.
Acts of worship, religious services, and ceremonies shall be conducted
freely, provided that they do not violate the provisions of Article 14.
No one shall be compelled to worship, or to participate in religious
ceremonies and rites, to reveal religious beliefs and convictions, or be
blamed or accused because of his religious beliefs and convictions.
Education and instruction in religion and ethics shall be conducted under
state supervision and control. Instruction in religious culture and moral
education shall be compulsory in the curricula of primary and secondary
schools. Other religious education and instruction shall be subject to the
individual’s own desire, and in the case of minors, to the request of their
legal representatives.
No one shall be allowed to exploit or abuse religion or religious feelings,
or things held sacred by religion, in any manner whatsoever, for the purpose
of personal or political influence, or for even partially basing the
fundamental, social, economic, political, and legal order of the state on
religious tenets.
VII. Freedom of Thought and Opinion
ARTICLE 25. Everyone has the right to freedom of thought and opinion. No
one shall be compelled to reveal his thoughts and opinions for any reason or
purpose, nor shall anyone be blamed or accused on account of his thoughts
and opinions.
VIII. Freedom of Expression and Dissemination of Thought
ARTICLE 26. (As amended on October 17, 2001)
Everyone has the right to express and disseminate his thoughts and
opinion by speech, in writing or in pictures or through other media,
individually or collectively. This right includes the freedom to receive and
impart information and ideas without interference from official authorities. This
provision shall not preclude subjecting transmission by radio, television,
cinema, and similar means to a system of licensing.
The exercise of these freedoms may be restricted for the purposes of
protecting national security, public order and public safety, the basic
characteristics of the Republic and safeguarding the indivisible integrity
of the State with its territory and nation, preventing crime, punishing
offenders, withholding information duly classified as a state secret,
protecting the reputation and rights and private and family life of others,
or protecting professional secrets as prescribed by law, or ensuring the proper
functioning of the judiciary.
The formalities, conditions and procedures to be applied in exercising the
right to expression and dissemination of thought shall be prescribed by law.
IX. Freedom of Science and the Arts
ARTICLE 27. Everyone has the right to study and teach freely, explain, and
disseminate science and arts and to carry out research in these fields.
The right to disseminate shall not be exercised for the purpose of changing
the provisions of Articles 1, 2 and 3 of this Constitution.
The provisions of this article shall not preclude regulation by law of the
entry and distribution of foreign publications in the country.
X. Provisions Relating to the Press and Publication
A. Freedom of the Press
ARTICLE 28. (As amended on October 17, 2001)
The press is free, and shall not be censored. The
establishment of a printing house shall not be subject to prior permission or
the deposit of a financial guarantee.
The state shall take the necessary measures to ensure freedom of the press
and freedom of information.
In the limitation of freedom of the press, Articles 26 and 27 of the
Constitution are applicable.
Anyone who writes or prints any news or articles which threaten the
internal or external security of the state or the indivisible integrity
of the state with its territory and nation, which tend to incite offence,
riot or insurrection, or which refer to classified state secrets and anyone
who prints or transmits such news or articles to others for the above
purposes, shall be held responsible under the law relevant to these
offences. Distribution may be suspended as a preventive measure by the
decision of a judge, or in the event delay is deemed prejudicial, by the
competent authority designated by law. The authority suspending distribution
shall notify a competent judge of its decision within twenty-four hours at
the latest. The order suspending distribution shall become null and void
unless upheld by a competent judge within forty-eight hours at the latest.
No ban shall be placed on the reporting of events, except by the decision of
judge issued to ensure proper functioning of the judiciary, within the limits
specified by law.
Periodical and non-periodical publications may be seized by a decision of
a judge in cases of ongoing investigation or prosecution of
offences prescribed by law, and, in situations where delay could endanger
the indivisible integrity of the state with its territory and nation,
national security, public order or public morals and for the prevention of offence
by order of the competent authority designated by law. The authority issuing
the order to confiscate shall notify a competent judge of its decision within
twenty-four hours at the latest. The order to confiscate shall become null
and void unless upheld by the competent court within forty-eight hours at the
latest.
The general common provisions shall apply when seizure and confiscation of
periodicals and non-periodicals for reasons of criminal investigation and
prosecution takes place.
Periodicals published in Turkey may be temporarily suspended by court sentence
if found to contain material which contravenes the indivisible integrity of
the state with its territory and nation, the fundamental principles of
the Republic, national security and public morals. Any publication which
clearly bears the characteristics of being a continuation of a suspended
periodical is prohibited; and shall be seized following a decision by a
competent judge.
B. Right to Publish Periodicals and Non-periodicals
ARTICLE 29. Publication of periodicals or non-periodicals shall not be
subject to prior authorisation or the deposit of a financial guarantee.
To publish a periodical it shall suffice to submit the information and
documents prescribed by law to the competent authority designated by law. If
the information and documents submitted are found to be in contravention of
law, the competent authority shall apply to the appropriate court for
suspension of publication.
The publication of periodicals, the conditions of publication, the financial
resources and the rules relevant to the profession of journalism shall be
regulated by law. The law shall not impose any political, economic,
financial, and technical conditions, thus obstructing or making difficult the
free dissemination of news, thought, or beliefs.
Periodicals shall have equal access to the means and facilities of the state,
other public corporate bodies, and their agencies.
C. Protection of Printing Facilities (As amended on May 22, 2004)
ARTICLE 30. A printing house, its annexes and press equipment duly
established as a press enterprise under law shall not be seized, confiscated,
or barred from operation on the grounds of being an instrument of crime.
D. Right to Use Media Other Than the Press Owned by Public Corporations
ARTICLE 31. (As amended on October 17, 2001)
Individuals and political parties have the right to use mass media and
means of communication other than the press owned by public corporations. The
conditions and procedures for such use shall be regulated by law.
The law shall not impose restrictions preventing the public from receiving
information or forming ideas and opinions through these media, or preventing
public opinion from being freely formed, on the grounds other than national
security, public order, public morals, or the protection of public health.
E. Right of Rectification and Reply
ARTICLE 32. The right of rectification and reply shall be accorded only in
cases where personal reputation and honour is attacked or in cases of
unfounded allegation and shall be regulated by law.
If a rectification or reply is not published, the judge will decide, within
seven days of appeal by the individual involved, whether or not this
publication is required.
XI. Rights and Freedoms of Assembly
A. Freedom of Association
ARTICLE 33. (As amended on October 17, 2001)
Everyone has the right to form associations, or become a member of an
association, or withdraw from membership without prior permission.
No one shall be compelled to become or remain a member of an association.
Freedom of association may only be restricted by law on the grounds of
protecting national security and public order, or prevention of crime
commitment, or protecting public morals, public health.
The formalities, conditions, and procedures governing the exercise of freedom
of association shall be prescribed by law.
Associations may be dissolved or suspended from activity by the decision of a
judge in cases prescribed by law. In cases where delay endangers national
security or public order and in cases where it is necessary to prevent the
perpetration or the continuation of a crime or to effect apprehension, an
authority designated by law may be vested with power to suspend the
association from activity. The decision of this authority shall be submitted
for the approval of the judge in charge within twenty-four hours. The judge
shall announce his decision within forty-eight hours, otherwise this
administrative decision shall be annulled automatically.
Provisions of the first paragraph shall not prevent imposition of
restrictions on the rights of armed forces and security forces officials and
civil servants to the extent that the duties of civil servants so require.
The provisions of this article are also applicable to foundations.
B. Right to Hold Meetings and Demonstration Marches
ARTICLE 34. (As amended on October 17, 2001)
Everyone has the right to hold unarmed and peaceful meetings and
demonstration marches without prior permission.
The right to hold meetings and demonstration marches shall only be
restricted by law on the grounds of national security, and public order, or
prevention of crime commitment, public health and public morals or for the
protection of the rights and freedoms of others.
The formalities, conditions, and procedures governing the exercise of the
right to hold meetings and demonstration marches shall be prescribed by law.
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