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Martial Law Act of the Turkish Republic (1971) (English)

MARTIAL LAW ACT [MARTIALACT]

ACT 1402 13 May 1971

[Published in the Official Gazette on 15 May 1971, 13837]

CHAPTER ONE GENERAL PRINCIPLES

Proclamation of Martial Law:

Article 1. The proclamation of martial law under Article 124 of the Turkish Constitution and the notifications detailing the districts or provinces in which and the duration for which it shall remain in force shall be made public by such media as may be deemed appropriate by the Ministry of Internal Affairs.

Enforcement of Martial Law: Article 2.

The duties and powers of police forces concerned with general security and public safety shall, in districts coming within the scope of a martial law proclamation, be transferred to the martial law command. The entire police force in such districts shall be placed under the authority of the martial law commander.The police forces in districts under martial law shall report to the concerned military authorities for the discharge of their duties connected with martial law and to judicial and administrative authorities for the discharge of their other duties.The National Intelligence Organisation shall co-operate with the martial law command.The martial law commander shall exercise the duties and powers vested in him by this Act through the local police and military units placed under his command. Both in times of peace and in emergencies the martial law commander shall ask the garrison commander of his district or the garrison commander of the district nearest to him to place under his command as many such units as he may consider necessary. Such a request shall be complied with immediately.The martial law commander may change the postings of both the police and military personnel within the boundaries of his district. He may deploy military personnel to reinforce police forces whenever circumstances warrant it. In such circumstances the executive personnel shall continue to perform their duties in the capacity of advisors under the command of the martial law commander.Orders relating to the execution of services shall be carried out by the governmental agencies and organisations within the district.Except with the permission of the martial law commander, the resignation or retirement formalities of personnel serving under the martial law command or of those who have been given assigned similar duties may not be finalised nor can such personnel be assigned a new posting for as long as martial law remains in force.[Inserted by Decree 2301 and amended by Decree 2766] Any order of the martial law commander relating to the appointment or dismissal of civil servants - within the framework of the relevant laws - whose services are deemed [superfluous] or whose continuance in office is deemed to be injurious to the general security, public safety and public order of the region, and to the discharge or removal from office of personnel in the local administration shall be immediately executed. The provisions of the Law on the Retirement Pension Fund of the Turkish Republic and of the Law on Other Social Security Organisations to which the are subject shall apply. Employees and other public officials and workers employed in public services so discharged shall not be re-employed in the public services. In respect of orders related to persons who come within the scope of Article 21 of the present law, the provisions contained in the respective laws apply.

Duties and authorities: Article 3.

[Amended by Decree 2301] The martial law commander is charged with the preservation and promotion of the general security, public safety and public order in areas where martial law is in force. He is furthermore authorized to take the following measures if necessary:to search: lodgings; all types of premises including those belonging to associations, political parties, trade unions and clubs; business premises; establishments belonging to persons (real or artificial, including autonomous corporations) and their dependents; all kind of covered and open spaces; and to intercept letters, cables and other consignments and search them as well as persons, without a warrant, application or demand for such acts, and to seize articles likely to be of evidentiary value or are liable to forfeiture;to impose censorship on, restrict or interrupt any radio or television broadcasts or telecommunications;[Amended by Laws 2301 and 2766] to control all verbal, written and pictorial communications, films or sound transmissions, publications, correspondence, letters, cables and other consignments; to ban or impose censorship on all kinds of newspapers, periodicals and books, and on the printing or distribution of other publications; to prohibit the possession, or carrying into a martial law region of more than one copy of such publications; to seize all kinds of documents including books, periodicals, newspapers, brochures, posters, pamphlets, placards, records, tapes as well as broadcasting and communication media and to close down printing houses and record and tape manufacturing workshops; to take necessary measures to destroy those articles deemed by the martial law command to be objectionable or to return them to their owners if it is decided that they should not be confiscated; and to require special authorisation for the publication of new newspapers and periodicals;[Amended by Decree 2836] to control the movement of individuals convicted of offences against public order, individual freedom, public safety or state forces, or for murder or assault and battery, and those who are under general surveillance or have no fixed address in areas where martial law is in force or are suspects; to relocate persons found to be carrying out activities injurious to the general security and public order and to bar them entry to certain areas under martial law or to prohibit their settlement in such areas; and to deport those whose presence is deemed to be harmful to places outside areas where martial law is in force. Those deported on the grounds that their activities are deemed to be injurious to the general security and public order may be ordered to remain outside the areas where martial law in force for a period determined by the martial law commander not exceeding five years and they may be compelled to reside in a place specified by the Ministry of the Interior;to prohibit the storage, preparation, production or transportation of all kinds of arms, ammunition, bombs, explosives, radioactive materials or gases and to order the delivery of these items and of articles, tools and instruments used in the fabrication or production thereof; to carry out searches for such articles and seize them;[Amended by Decree 2301] to ban or impose restrictions on trade union activities such as strikes, lock-outs, [balloting], etc.; to prohibit, prevent or take appropriate measures against destructive activities, pillages, illegal occupation [of premises], boycotts, slow-downs, interferences with the freedom to work, illegal closures of workplaces, etc.;[Amended by Decree 2362] to prohibit or impose restrictions on meetings, whether held in covered places or in the open, and on demonstrations; to fix and assign places for such meetings and to control them; to require permission for the establishment of new associations, trust funds and organisations founded on the basis of official deeds; to ban the activities of all kinds of associations, trust funds and other organisations or subject such activities to the requirement of prior permission.[Amended by Law 2301] to control, as and when necessary, commercial and industrial establishments producing, fabricating, storing, transporting or selling essential goods; to take appropriate legal action against persons hoarding such materials, selling them at exhorbitant prices, stopping or slowing down their production or refusing their transportation; and to take or cause to take appropriate measures for the provision of such goods and close down establishments refusing to comply with such orders;[Amended by State 2301] to control or close down restaurants, clubs, casinos, cafes, beer houses, taverns, theatres, cinemas, night clubs, gambling saloons, hotels, motels, camping sites and other similar places and to determine and limit the hours during which they shall remain open;to take necessary measures relating to the control of land, sea and air traffic and to restrict or prohibit for security purposes the entry and exit of transportation vehicles;to impose restrictions on entry into and exit from areas where martial law is in force;to impose restrictions on the movement of people; to impose curfews; and, as and when necessary, to introduce appropriate civil defence measures;[Amended by Decree 2301] to compel all public and private establishments in areas under martial law to take appropriate measures; and, if necessary, to requisition the premises, vehicles and personnel of the Treasury, state economic enterprises and establishments and organisations of the local administration, municipality and banks;to execute the decisions of the Council of Ministers relating to martial law;[Amended by Decree 2301] to suspend temporarily the education and training carried out in primary and secondary schools and in universities; and to require concerned individuals and committees of such establishments to lift or shorten any such suspension of educational activities;[Amended by Decree 2301] to order the severing of relations between students who have been deported from areas under martial law after their presence in such areas has been deemed harmful, and their educational or training establishments; and to require the concerned authorities apply the special rules and regulations of such establishments;[Added by Decree Having Force of Law 259; Amended by Law 3310] where the incidents which led to the declaration or continuation of martial law under Article 122 of the Constitution occur in the border areas of the Turkish Republic and where those responsible for such incidents are established to have taken refuge in neighbouring countries, to plan and put into execution, within the context of agreements entered into with such neighbouring countries, operations beyond Turkey's frontiers on a limited scale using, as appropriate, land, air or naval forces, each time with the permission of the government and the Chief of the General Staff, with a view to apprehending the culprits or rendering them ineffective.In the exercise of the abovementioned powers, regard shall be had to the constitutional provisions relating to the privileges and immunities recognised by international law for diplomatic representatives and delegations and to [legislative privileges].

Authorisation to Use Weapons: Article 4. [Amended by Decree 2301]

Members of the Armed Forces, the police forces and other security personel under the command of the martial law commander are authorised to use weapons upon the occurrence of any event or condition necessitating the use of weapons in accordance with the provisions of the Turkish Armed Forces (Internal Service) Act and Regulations, the Law on Powers and Duties of the Police and the Law on the Organisation and Duties of the Gendarmerie to which they are subject in the execution of their tasks.Members of the security forces on duty are authorised to fire directly at their targets without hesitation should the latter fail to heed their orders or if their orders are reciprocated with fire or if such it is necessary to do so in legitimate self-defence.All personnel authorised to use weapons are subject to the provisions of paragraphs V and VI of Article 87 of the Turkish Armed Forces (Internal Service) Act [Law 211] and of Article 3 of the Law on the Prevention of Offences Against Law and Order [Law 1481]. Any investigation ordered into their conduct shall be carried out without them being detained.Orders made by the martial law commander involving the use of weapons by the abovementioned personnel for the preservation of public order and of lives and property shall be announced through the appropriate media.

CHAPTER TWO ORGANS

Martial Law Commander and his Assistants: Article 5.

A commander who has served or is serving at a rank not below that of a corps commander or equivalent may be appointed as martial law commander by a decree signed by the Prime Minister and ratified by the President. Such appointment shall be upon the nomination of the Ministry of National Defence pursuant to a proposal by the Chief of General Staff.Having regard to the area where martial law has been declared and to the scale of events necessitating such declaration, a sufficient number of assistant martial law commanders may be appointed in accordance with the abovementioned procedure. It shall be made clear in their appointment orders whether or not the martial law commander or his assistants shall continue to hold their previous posts as well.The martial law commander, having regard to the exigencies of the situation, may transfer his own powers to any of his assistants either wholly or in part.[Amended by Decree 2342] Where martial law is declared in a number of districts or on a country-wide scale, co-operation and co-ordination for the various martial law commands shall be provided by the Office of General Staff.

Obligations of the Martial Law Commander: Article 6. [Amended by Decree 2342] The martial law commander shall report to the Chief of General Staff in regard to his duties and powers; however, in relation to the execution of military duties, the general provisions to which he is subject shall apply.

Acting Martial Law Commander: Article 7. In the event of the martial law commander having to leave the district where martial law is in force or cannot exercise his functions for any other reason, an acting martial law commander shall be appointed by the [Chief of] General Staff. However, if the period for which the martial law commander cannot exercise his functions exceeds fifteen days, he shall be replaced at the earliest convenient date.

Headquarters: Article 8. (1) Simultaneously with the declaration of martial law, a martial law headquarters shall be set up, having regard to the requirements of the situation. The posts in the martial law command shall have been created in advance by the Office of the General Staff and officers, non-commissioned officers and civilian personnel duty appointed to these posts in sufficient numbers. (2) Personnel appointed to the abovementioned posts are required to start work within twenty-four hours of receipt of their appointment orders and to report to duty [as soon as possible.]

Units: Article 9. Military units in sufficient numbers shall be placed at the disposal of the martial law commander by the Chief of General Staff for the effective execution of martial law operations.

Legal Advisors: Article 10. [Government] legal advisors and assistant legal advisors shall, whenever martial law is in force, serve as legal advisors to the martial law commander besides discharging their functions under the law governing their appointment.

Martial Law Courts: Article 11.

Military courts in sufficient numbers shall be established within martial law districts in localities to be determined by the Ministry of National Defence under Law 353 dated 25 October 1963. These courts shall be known as the martial law courts of the area where they are set up and shall be assigned numbers if there are more than one in each area.[Added by Decree 2342] Among the offences falling within the jurisdiction of these courts, cases involving offences carrying a punishment of imprisonment for up to five years or less shall be tried by a single member of the court who is a professional judge. However, this rule shall not apply to cases involving persons mentioned in Article 21 of this Act or senior military officers.[Added by Decree 2342] Where a case involves several offences committed by a single accused, it shall be tried by the tribunal having jurisdiction to try the offence carrying the severest punishment. The same rule would apply to cases involving a link between various acts.[Amended by Decree 2301] The legal advisor, the military judge, the military prosecutor and their assistants shall, on the opinion of the Chief of General Staff, be appointed from among candidates nominated by a committee made up of the chief of personnel and legal advisor in the Office of the General Staff, the chief of personnel and legal advisor to the command from which such personnel are drawn, and the Chief of the Military Judicial Affairs in the Ministry of National Defence.The provisions of Article 16 of Law 357 dated 26 October 1963 concerning military judges and prosecutors shall continue to apply. However where the absence of a judge or prosecutor exceeds a continuous period of more than a month, he shall not be entitled to the protection of those provisions.A sufficient number of member officers shall be appointed to the martial law courts in accordance with the procedure for appointment of military officer judges and on the proposal of the [Office of] General Staff.During a state of war, if the Chief of General Staff considers it necessary, the military courts functioning within a district where martial law is in force or where military operations are underway may assume the functions of martial law courts. In such cases the Ministry of National Defence shall determine the jurisdiction of such courts and, where there are more than one military court, designate a particular court or courts to act as martial law court or courts.

CHAPTER THREE MARTIAL LAW COURTS

Actions to be Taken Pending the Formation of Martial Law Courts: Article 12. [Amended by Decree 2301]

Pending the formation of martial law courts by the martial law commander, the military prosecutors and military courts functioning in the area where an offence has been committed, and in their absence prosecutors of the Republic and courts of justice, shall perform the functions of military prosecutors and martial law courts.

Acts Within the Context of Circumstances Warranting the Declaration of Martial Law: Article 13. [Amended by Decree 2301]

Persons who are charged with having committed, during a period of three months from the date of declaration of martial law, offences relating to events which gave rise to the declaration of martial law in an area where martial law is in force or offences listed in Article 12 of Law 6136 concerning Firearms, Knives and Other Instruments, amended by Decree 2249, and (b) persons who have committed offences falling within the jurisdiction of martial law courts and offences relating to the same general and common purpose shall be tried by martial law courts even if such offences may have been committed outside the boundaries of the areas where martial law is in force.The martial law commander is however empowered to refer cases which in his opinion fall outside the jurisdiction of the martial law courts to the appropriate judicial authorities.The prosecutors of the Republic, military prosecutors, military tribunals or courts of justice to whom cases are sent by the martial law commander shall not plead lack of competence or lack of jurisdiction to deal with them. Such cases shall be dealt with under the provisions of existing law.

Jurisdiction Over Offences Committed by Martial Law Personnel: Article 14.

Offences committed by personnel serving under the martial law command while on duty or during their term of office shall be tried by martial law courtsIn such cases the investigation is carried out ex-officio and the provisions relating to judicial proceedings contained in their respective laws do not apply.[Amended by Decree 2302] Offences committed by military personnel serving under the martial law command shall be tried by martial law courts. The martial law commander may, in respect of personnel under his command, [also] apply ex-officio the disciplinary and administrative sanctions permissible under the relevant laws or make recommendations to the appropriate authorities and committees for dealing with such offenders within the framework of the relevant legislation.

Powers and Duties of Martial Law Courts: Article 15. [Amended by Decree 1728 and 2301]

Persons committing any of the following offences in areas where martial law is in force shall be tried by martial law courts regardless of their rank, title or office, subject only to the provisions of Article 21 of this Act: (a) offences committed against the identity of the state mentioned in Chapters 1, 2 and 4 of Section I of the Second Book of the Turkish Penal Code; (b) provoking, or [conspiring to commit], offences mentioned in Chapters 1 and 2 of Section V of the Second Book of the Turkish Penal Code; (c) counterfeiting of public seals, stamps, etc. mentioned in Chapter 2 of Section VI of the Second Book of the Turkish Penal Code; (d) crimes committed against public safety mentioned in Section 7 of the Second Book of the Turkish Penal Code; (e) offences of pillage, stopping individuals with criminal intent and kidnapping mentioned in Chapter 2 of Section X of the Second Book of the Turkish Penal Code; (f) [Amended by Law 2301] offences mentioned in the following Articles of the Turkish Penal Code: 179, 180, 188, 191, 192, 201, 228, 234, 235, 236, 241, 242, 248, 249, 254, 255, 256, 257, 258, 260, 264, 266, 268, 271, 296, 448, 449, 450, 451, 452, 516 [except the sub-paragraphs relating to proceedings conducted on the filing of a complaint]; offences mentioned in Articles 517, 536 and 537 of the said Code and those mentioned in Law 6136 concerning Firearms, Knives and Other Instruments; (g) offences mentioned in Articles 390 and 391 of the Turkish Penal Code and spiriting away of any kind of equipment, installation or cable intended for telecommunications and belonging to the Telephone and Telegram General Management or to the Turkish Armed Forces; (h) offences mentioned in Articles 55, 56, 57, 58 and 59 of the Military Penal Code; (i) offences mentioned in Articles 75, 93, 95 and 96 and in the second paragraph of Article 148 and in Article 160 of the Military Penal Code; (j) offences committed through the press whose prosecution does not require [the formal lodging of] complaints and offences whose prosecution does not necessitate personal actions; (k) offences arising from infringements of the Law on the Freedom of Assembly and Demonstrations; (l) cases relating to the closing down of associations, trade unions and professional organisations as provided for under the relevant legislation (The provisions of Law 648 concerning the closure of political parties is excepted.)[Amended by Decree 2301] The authorities to whose attention any of the abovementioned offences are drawn shall send the papers relating to the preliminary investigation to the martial law commander as soon as possible. The martial law commander shall thereupon transfer the file to the appropriate military prosecutor for necessary action.[Amended by Decree 2301] The martial law commander may however transfer to the civil judicial authorities such cases as should in his opinion not be tried by martial law courts.[Added by Decree 2301] The prosecutors of the Republic, military prosecutors and courts to whom the martial law commander has sent cases for trial shall not plead lack of jurisdiction or competence. The provisions of existing law shall apply to the disposal of such cases.[Added by Decree 2301; amended by Decree 2515 and 3195] The martial law commander may keep persons accused of any of the abovementioned offences under detention pending charge or pending a decision on whether they should be tried by a martial law court. The maximum period of detention in such cases shall not exceed 15 days. However, if it is not possible to produce the accused before a judge within the said period of 15 days on account of lengthy investigations or determination of evidence, the accused shall be produced before the competent judge at the conclusion of such investigation or within 30 days, whichever is earlier. If the accused is not produced before the judge at the conclusion of the first 15-day period, the martial the said period and determine whether they shall be produced before the judge or not. Unless there is a justifiable reason such as the emergence of new evidence, such a power of review shall not be exercisable more than once in respect of the same individual on the same grounds.

Offences and Penalties: Article 16. [Amended by Decree 2301]

Persons acting in contravention of measures adopted by the martial law commander in areas where martial law has been declared, failing to abide by any orders or instructions [issued by the martial law commander], intentionally giving false information about their identity or refusing to provide proof of their identity when demanded to do so, are liable to be punished with imprisonment for between three months and one year.Persons spreading or conveying unfounded or exaggerated news or rumours with intent to create unrest or panic among the public are liable to be punished with imprisonment for between six months to two years and with a monetary fine of not less than five thousand lira. If the offence is committed in collusion with a foreigner the term of imprisonment shall not be less than one year and the five not less than five thousand lira. If the offence is committed by the press or other mass media those responsible (directly and indirectly) shall be liable to a double punishment.[Amended by Decree 2766] Persons deported from areas where martial law is in force re-entering such areas or entering areas where they have been forbidden entry, and persons failing to notify the security authorities in their new places of residence of their previous domiciles or of the address to which they intend to move shall be liable to be punished with imprisonment for between two months and four months for a first offence and for between four months and one year for a second or subsequent offences.

Provisions Relating to Determined Punishments: Article 17. [Amended by Decree 2301 and 2766]

Punishments and fines awardable by martial law courts for offences mentioned in Article 15 of this Act relating to the declaration and operation of martial law and in Additional Article 4 are hereby increased. Such increase shall be up to two times and not less than one-third of the terms of imprisonment or amounts of fine specified for each offence. For offences committed against martial law personnel the punishments shall stand doubled. However the punishment inflicted shall not exceed the maximum prescribed for a particular offence.Punishments imposed by martial law courts cannot be commuted to fines or to any other measures specified in the law nor can they be deferred.[Added by Decree 2342] The provisions of Article 59 of the Turkish Penal Code may not be applied in appropriate cases involving good conduct by the accused during his trial.

Procedure to be Applied [by martial law courts]: Article 18. [Amended by Decree 2301] (a) The competence of martial law courts to try cases involving offences committed outside areas in which martial law is in force shall be determined and announced by the Ministry of National Defence upon declaration of martial law. (b) [Amended by Decree 2342] The decision as to whether or not an accused is to be kept in detention or continued detention, as the case may be, pending investigation of his case shall be made by one of the judges of the martial law court. Appeals against such a decision shall be heard by a judge of the military court functioning under Articles 74 and 75 of the Law on the Establishment of Military Courts and Trial Procedures (Law 353) and under Article 19 of this Act. The same provision applies to decisions concerning searches and seizures. (c) The identities of informers reporting crimes falling under the jurisdiction of martial law courts shall not be disclosed unless they consent to it or unless the scope of the denunciation [sic] constitutes a crime in itself. (d) The prosecutor of the Republic or military prosecutor shall inform the martial law commander as soon as he comes to know or takes cognizance of a fact which indicates that an offence falling within the purview of the martial law courts has been committed. The martial law commander may, if he deems fit, have the prosecutor of the Republic or military prosecutor carry out the preliminary investigation at the place where the offence has been committed. (e) Where an offence is committed outside the territorial jurisdiction of a martial law court, the military prosecutor of the martial law may ask the prosecutor of the Republic or military prosecutor to carry out the preliminary investigation at the place where the offence has been committed In such cases the preliminary investigation shall be carried out expeditiously. Prosecutors of the republic or military prosecutors charged with carrying out investigations specified in paragraphs (d) or (e) above shall have recourse to the local military courts and civil courts of justice for decisions and orders that may be necessary for their investigations. (f) The orders of military prosecutors issued in accordance with Article 98 of the Law on the Establishment of Military Courts and Trial Procedures (Law 353) shall be carried out within 24 hours. (g) During investigations and initiation of legal proceedings in respect of offences falling within the jurisdiction of martial law courts, the provisions of supplementary Article 4 of the Code of Criminal Procedure (added by Decree 1696) shall apply. (h) The martial law court may rule in appropriate cases that the trial should be held elsewhere for reasons of security or to secure an expeditious outcome. (i) Even if the circumstances mentioned in Article 126 of the Law on the Establishment of Military Courts and Trial Procedures (Law 353) may not exist, the witnesses and experts may be heard by a substitute judge or rogatory judge. (j) In martial law courts, a rogatory court or court of a substitute judge, shorthand or other technical means may be used to record the proceedings. The record that is later drawn up based on such a transcript shall be signed by the committee of judges or the rogatory judge as well as the secretary drawing up the record in evidence of the fact that the contents thereof reflect the proceedings accurately. The original shorthand or other notes or tapes shall be preserved. (k) [Amended by Decree 2342] Adjournments in cases tried by martial law courts shall not at any time exceed 30 [continuous] days. To enable the military prosecutor or his proxy to prepare his indictment and the accused or his lawyer to prepare their defence against the indictment a maximum period of 15 days shall be given [by the martial law court]. This period may be extended to one month in cases where 15 or more individuals are involved. Where legal provisions entailing a punishment lighter than that prescribed for the offence mentioned in the indictment are canvassed [at the trial], the trial may not be adjourned only to enable the preparation of additional defences. (l) Where cases falling within the jurisdiction of martial law courts involve offences for which the maximum punishment prescribed by law is imprisonment for a term not exceeding three years, the trial may be held in the absence of an [absconding] accused. (m) Investigations and prosecution of offences committed against members of the armed forces and of other security forces charged with the maintenance of public security and peace as on 12 September 1980 shall be conducted within the framework of [this Act] regardless of the location and time limits provided in Articles 1 and 4 of the Law on the Procedure for Flagrant Offences (Law 3005). (n) [Amended by Decree 2632] The imposition of fines, whether alone or in conjunction with other penalties, and penal sanctions involving the restriction of individual freedom for up to six months (inclusive) cannot be appealed from by those convicted. They can however be the subject of an appeal by the martial law commander or where the commander or the chief of an organisation under whose jurisdiction the military courts have been set up or the prosecutor of a province deems it necessary to send such cases to the courts of justice or other military courts. In such a case the accused and his defending lawyer, if any, and the military prosecutor shall have a week to present the grounds for appeal. In addition to the provisions set out in this Act, the Law on the Establishment of Military Courts and Trial Procedures (Law 353) and the provisions relating to a state of war in the said law shall apply in martial law courts. If martial law has not been declared on account of a state of war the provisions of the Law on the Establishment of Military Courts and Trial Procedures relating to a state of war shall not apply. (o) [Added by Decree 2651] In martial law courts [it shall suffice] for the military prosecutor to read out a summary of the indictment disclosing the identity of the accused, the description of the act which is alleged to constitute an offence, the legal consequences of such an act, and the provisions of law applicable to the case. (p) [Added by Decree 2651] In cases involving more than one accused, where some of the accused are not concerned with part of the trial, the court may rule that they be excluded from such hearings. However if during such hearings matters involving all the accused are discussed, the relevant part of the proceedings shall be made known to the excluded accused before they are included in subsequent hearings. Also, during preliminary proceedings in cases involving several accused, the senior judge of the court may have some of them summoned to remain present [at subsequent hearings]. Remedies and the Examining Authority: Article 19. The martial law commander shall have all the powers and authority of a commander of the military corps or the chief military authority under whose command a martial law court has been set up. If within a district there is more than one martial law court, the revising authority to entertain appeals from decisions of either court shall be the martial law court nearest to the court which pronounced the decision in question.

Priority in Revision by the Military Court of Appeal: Article 20. [Amended by Decree 1728] Sentences pronounced by martial law courts and appealed from shall be finalised within two months [from the date of pronouncement of the sentence] at the latest in accordance with the last paragraph of Article 217 of Law 353 as amended by Law 1596.

Authorisation for Prosecution: Article 21. [Amended by Decree 1728] Authorisation for prosecution of offences covered by this Act shall be granted by the following persons or bodies: (a) where the accused is a member of the Council of Ministers or a member of the Grand National Assembly of Turkey, by the Assembly; (b) where the accused is a general or admiral, by the Chief of General Staff; (c) where the accused is an under-secretary, by the Prime Minister or the Minister [of the department] concerned; (d) where the accused is a governor or district governor, by the Ministry of the Interior; (e) where the accused is the President or a spokesman of the President, a member of the Constitutional Court, the Court of Appeal, the Council of State, Military Court of Appeal, Military Supreme Administrative Court, Supreme Council of Judges or of the Court of Audit, the Chief Prosecutor of the Republic, the Chief Military Prosecutor of the Military Court of Appeal, a judge or deputy judge or prosecutor of the Republic or an official of similar rank, or a military officer judge, by the committee or authority specified in the relevant law governing their office. Such accused are also subject to the appropriate procedures laid down in such law. If the authorised committee or authority does not allow the martial law commandership to prosecute any of the abovementioned persons, their cases shall be dealt with in accordance with the appropriate law. Legal principles concerning diplomatic immunity shall be respected.

Offences Whose Prosecution Require Special Authorisation: Article 22. [Amended by Decree 2632] Except for an infringement of Article 158 of the Turkish Penal Code, for offences specified in this Act and whose prosecution would require special authorisation, no authorisation is required [sic].

Powers and Authority of the Martial Law Courts on the Termination of Martial Law: Article 23. [Amended by Decree 2301]

Even after martial law is lifted, the martial law courts shall continue to perform their functions and exercise their authority pending the final disposal of cases being tried by them. The command under the order of which these courts will continue to function shall be determined by the Law on Establishment of Military Courts and Trial Procedures (Law 353). The courts shall continue to apply the provisions of this Act.The number of martial law courts and of military judges, prosecutors and officers serving in them may be increased as and when required.Cases requiring no public [sic] action and cases in respect of which trials have been suspended shall be transferred to the appropriate [civilian] authorities to be dealt with [suitably].

CHAPTER FOUR GENERAL STATE OF WAR

Measures to be Taken in Certain Districts in a State of War: Article 24.

Even if martial law has not been proclaimed during a state of war a commander (nominated by the Council of Ministers on the recommendation of the Chief of General Staff) commissioned by the Chief of General Staff is hereby authorised to take the necessary measures mentioned in Article 3 herein and execute them.Persons disregarding or not obeying the orders issued by the district commander under the foregoing paragraph shall be subject to the penalties prescribed in Article 16 of this Act. Trial by Military Courts in a State of War: Article 25. Persons committing offences mentioned in Article 15 of this Act in a district determined and declared in accordance with Article 24 above to be in a state of war, and any accessories to such offences, shall be tried by military courts if the appropriate commander in the district so orders. In all such cases the provisions of Article 21 shall not apply.

CHAPTER FIVE MISCELLANEOUS ARTICLES

Financial Provisions: Article 26.

During peacetime: (a) [Amended by Decree 2301] the martial law commander may exclusively, at times and in situations necessitating it, issue an order requiring members of the armed forces (including the gendermarie), the police and civilian personnel who are under his command to be supplied from the armed forces' ration; (b) the relationship between officers, military employees, NCOs and civilian personnel appointed to serve under the martial law command and their previous positions shall not be severed. Their travelling expenses and daily allowances shall be paid in accordance with the provisions of Law 6245 (as amended by Decree 2301). The provisions of Articles 15 and 41 of the said law shall not apply to such personnel; (c) [Added by Law 1654; amended by Law 2301] a "martial law service allowance" may be paid to the following personnel based on their daily wages to be computed using the wage coefficient determined annually by the Budget Law [...]: (i) officials appointed to cadres of the martial law command; (ii) personnel charged with duties in the Martial Law Military Service Co-ordination Department; and (iii) personnel placed under the martial law command or who have joined it, personnel whose terms of employment and posts of duty are specified in writing by the commander and who are actually employed in martial law service.It shall be up to the Council of Ministers to decide on whether, during the period of martial law, martial law service allowance should be paid or not.The payment mentioned above shall be made for days actually worked and the amounts payable shall be exempt from all taxes except stamp duty.Sufficient funds shall be appropriated for expenses to be incurred in the execution of martial law duties.

Additional Article 1. [Added by Decree 2310]

Regardless of the time-limits and territorial restrictions mentioned in Article 13 above, in accordance with Articles 13 and 15 the military courts functioning under the martial law command of the area where the general headquarters of a political party is domiciled [situated] is hereby authorised to conduct investigations into and try cases involving the administrators and members at all levels of such political party, executives and members of affiliated organisations who commit crimes triable by martial law courts, and administrators and members of other organisations and associations suspected of having relations with such political party.The martial law commander may however transfer to the concerned [civilian] judicial or other authorities cases which in his opinion do not warrant trial by the martial law courts.No authority to whom cases referred to in the foregoing paragraph have been sent can reject them, nor can any judicial authority plead lack of competence to try them.

Additional Article 2. [Added by Decree 2310]

In accordance with the requirements to be determined by the Chief of General Staff and based on a proposal from the Ministry of National Defence, a sufficient number of prosecutors of the Republic and their deputies shall be appointed [to martial law courts] by the Judges and Prosecutors Supreme Council. They shall be returned to their respective original posts [on the termination of martial law] in accordance with the procedure prescribed by law provided the links with their original posts have not been severed and the posts have remained vacant. They shall be entitled to their earned payroll salaries [without suffering any detriment as a result of their having served as prosecutors or deputy prosecutors in the martial law courts. All such decisions shall be taken by the Judges and Prosecutors Supreme Council within seven days [of ...] While serving in the martial law courts the prosecutors of the Republic and their deputies shall enjoy the powers of martial law assistant prosecutors.[Amended by Decree 2836] [To be appointed to martial law courts] the prosecutors of the Republic and their deputies must have served for a minimum term of five years as prosecutor or judge.Promotions, ranking and other service matters of prosecutors of the Republic and their deputies shall be determined by the relevant laws governing their appointment and continuation in service, subject to the provisions of this Act, and their term of service in the martial law command shall be construed to have been in their original posts. The service records prepared by the martial law commander and martial law prosecutors about prosecutors of the Republic and their deputies assessing their work and conduct [while in the service of the martial law command] and the evaluations carried out by the chief prosecutor of the Military Court of Appeal and the Military Justice Inspectors shall be sent to the Ministry of Justice to be taken into account in deciding promotions. No record shall be made in respect of personnel serving for less than three months.The method and principles by which the service records are to be drawn up shall be indicated in the Regulations.The launch of disciplinary proceedings, imposition of disciplinary sanctions and investigation and prosecution of service-related offences in respect of personnel seconded to martial law duty shall be determined by the relevant laws governing their appointment and continuation in service and not by this Act. However, if permission is granted under those laws for the initiation of any of the abovementioned measures, the investigations may be carried out by the military justice inspector and the file shall be sent to the Ministry of Justice [for action].The prosecutors of the Republic and their deputies shall alongside military judges as regards their leave, rest-time and medical treatment; their monthly salaries, allowances and deductions shall be provided for in the budget of the Ministry of Justice while their travelling and other expenses shall be provided for in the budget of the Ministry of National Defence.The prosecutors of the Republic and their deputies shall receive during the course of their said service ration allowance under Decree 2155 in addition to the martial law service allowance payable to military prosecutors. Additional Article 3. [Added by Decree 2342] No action for annulment shall be brought in the courts for the administrative acts of the martial law command carried out in accordance with the powers conferred by this Act. Civil liability based on the personal fault of personnel serving in the martial law command cannot be asserted.

Additional Article 4. [Added by Decree 2354; Amended by Decree 2682]

Persons involved in smuggling of a nature likely to endanger the political, financial, economic, military or administrative security of the state and their accessories (including accessories after the fact) shall be tried by the martial law courts regardless of any time-limits. Such persons shall be tried in a martial law court of competent jurisdiction determined by the Ministry of National Defence and announced in the Official Gazette under Article 13 of this Act.The jurisdictional provisions concerning smuggling covered by Articles 13 and 15 of this Act shall be inapplicable.During investigation and prosecution for smuggling as provided in paragraph (1) above, the Law on Prohibition and Prosecution of [Conspiracy] (Law 1918) and special provisions relating to smuggling contained in other laws shall be applied by the martial law command, military prosecutors and martial law courts.The martial law commander may transfer to the appropriate [civil] judicial authorities such cases involving [conspiracy] which in his opinion do not warrant trial by the martial law courts.The prosecutors of the Republic, military prosecutors, courts of justice or military courts to whom cases are sent by the martial law commander as provided in the foregoing paragraph shall not plead lack of competence or lack of jurisdiction to try them. With regard to case files sent in such manner the provisions of this Act shall apply.

Additional Article 5. [Added by Decree 2354]

A sufficient number of judges shall be appointed to the martial law courts, having regard to the requirements as determined by the Chief of General Staff and on the [recommendation] of the Ministry of National Defence Such judges shall continue to enjoy their existing salaries and conditions of service and shall be re-transferred to their respective original posts at the end of their service under the martial law command. The Judges and Prosecutors Supreme Council must reach the necessary decision within seven days following the receipt of the communication.[Amended by Decree 2371] The relationship of judges appointed to the martial law courts with their original posts shall not be severed and their original posts shall remain vacant till their return from service under the martial law command. Such judges must have served as judges or prosecutors for a minimum period of five years and must be experienced in criminal proceedings.[Amended by Decree 2371] Judges appointed to the martial law courts shall exercise the functions and powers of military judges in such courts. They may participate as members in the committee of judges along with the military judges. Trials shall be presided over by the judge who has served for the longest period of time as judge, prosecutor or in a post of equivalent rank, and if two or more judges have so served, precedence shall be given to a military judge. [Added by Decree 2538] There shall be at least one military judge in the committee of judges.[Amended by Decree 2371] The promotion, ranking and other service matters of judges shall be determined by the relevant law governing their appointment and continuation in service, subject to the provisions of this Act, and the term they have spent in the service of the martial law command will be assessed as if it has lapsed at their original posts. The service records drawn up by senior military judges assessing their work and conduct [while in the service of the martial law command] and their assessments by the Military Court of Appeal shall be sent to the Judges and Prosecutors Supreme shall be drawn up for judges who have either served a longer term of professional office than the seniormost military judge or served in the martial law courts for a period of less than three months.[Amended by Decree 2371] The method and principles by which the service records are to be drawn up shall be indicated in the Regulations.The launch of disciplinary proceedings, imposition of disciplinary sanctions and investigation and prosecution of service-related offences in respect of judges seconded to serve under the martial law command shall be determined by the relevant laws governing their appointment and continuation in service and not by this Act. However, if permission is granted under those laws for the initiation of any of the abovementioned measures, the investigations may be carried out by the military justice inspector and the file shall be sent to the Judges and Prosecutors Supreme Council.Matters relating to leave, rest-time and medical treatment of judges seconded to the martial law courts shall be determined in accordance with the laws applicable to military judges; their monthly salaries, allowances and deductions shall be provided for in the budget of the Ministry of Justice while their travelling and other expenses shall be provided for in the budget of the Ministry of National Defence.Judges shall during their service in martial law courts receive the ration allowance provided for in Decree 2155 in addition to a martial law service allowance payable to military judges of equal rank.A sufficient number of chief clerks and clerks of records shall be appointed by the martial law command having regard to the exigencies of the situation.

Additional Article 6. [Added by Decree 2354] Civilian personnel serving the martial law command who may not be entitled to receive a ration allowance shall receive such an allowance under Decree 2155 while in such service.

Additional Article 7. [Added by Decree 2439]

Detainees or convicts held in detention centres shall promptly be handed over to the martial law commander or military prosecutor upon being requested to do so in writing by the martial law commander in connection with investigations being carried out by the martial law authorities.Such persons who have been handed over to the abovementioned authorities shall be returned to their original detention centres at the end of the investigations. The time spent by them outside their detention centres shall be included in the overall time spent by them in detention.If while in the custody of the abovementioned authorities the order of detention or execution passed against such persons [earlier] is revoked or modified, the martial law commander and the office of the military prosecutor shall be notified of such revocation or modification.

Additional Article 8. [Added by Decree 2836] If a file relating to an offence which in the opinion of the martial law commander does not warrant trial by the martial law courts is sent to an appropriate [civil] judicial authority in accordance with Articles 13 or 15 or Additional Article 4 of this Act, and it subsequently transpires that the case is directly connected to another case being tried by a martial law court or to an investigation being carried out by a military prosecutor, then on being so ordered by the said martial law court or military prosecutor, it shall be sent to such a court or prosecutor by the [civil] judicial authority.

Additional Article 9. [Added by Decree 3423] Upon the lifting of martial law persons arrested by the martial law authorities and detained in military prisons shall be transferred to civil prisons after suitable agreement has been reached between the Ministry of Justice and the Ministry of National Defence. Such persons shall be subjected to the regime applicable to civil prisons.

Provisional Article 1. References in paragraph (h) of Article 15 of this Act to "martial law" shall be construed as references to "state of emergency" until the necessary amendments are made to the Military Penal Code (Law 1632).

Provisional Article 2. [Added by Decree 1728]

If the martial law declared on 26 April 1971 is lifted, the powers and authority of [martial law] courts set up under that regime shall continue to be exercisable till the final disposal of cases pending before such courts. Such courts shall operate within the framework of the Law on the Establishment of Military Courts and Trial Procedures (Law 353) and they shall apply the provisions of this Act.Where there are more than one martial law courts functioning [at the time of the lifting of martial law], the number of judges and prosecutors may be reduced depending on need.Cases which [at the time of the lifting of martial law] have not been disposed of or have been suspended shall be transferred to the appropriate [civil] authorities having jurisdiction to deal with them under the relevant laws.

Additional Provisional Article 1. [Added by Decree 2342] All actions of annulment and actions for compensation on grounds of personal fault or negligence [against martial law personnel] mentioned in Additional Article 3 brought before the coming into force of this Act shall [stand suspended].

Additional Provisional Article 2. [Added by Decree 2342] The provisions of Article 4 and paragraph 2 of Article 11 of this Act shall also apply to actions brought before the coming into force of this Act. The provisions of paragraph 3 [of Article 11] shall however not apply.

Additional Provisional Article 3. [Added by law 2474] Persons not complying with the orders and decisions of the National Security Council shall be liable to be dealt with under Article 16 of this Act even if the acts in question form the basis of a separate offence or offences.

Additional Provisional Article 4. [Added by Decree 2682] Legal proceedings launched in respect of offences specified in Additional Article 4 and cases under investigation prior to the coming into force of this Act shall fall within the jurisdiction of such martial laws courts as may be determined by the Ministry of National Defence and published in the Official Gazette.

FINAL ARTICLES

Laws Repealed: Article 27. Laws 4106 and 4219 amending Martial Law Act No. 3832 as well as Law 3832 are hereby repealed.

Application: Article 28. This Act shall come into force on the date of its publication.

Enforcement: Article 29. This Act shall be enforced by the Council of Ministers. Provisional Articles dated 15 May 1971 which could not be interpolated in the body of this Act:

Provisional Articles dated 12 March 1982 of Law 2632: Provisional Article 1. (a) The defendant, intervenor or prosecutor [in a martial law court] may, within the terms of Article 2 of the abovementioned law, appeal against those of the sentences pronounced prior to the date of coming into force of this Act (Law 1402) which are less than a week old. They may appeal within a week: (i) of the coming into force of this Act if the order sentencing them has been communicated to or served on them; (ii) of service of the order sentencing them, if it has not been communicated or served earlier. (b) In respect of sentences pronounced before the one-week period specified in sub-paragraph (a) above, the provisions of paragraph (n) of Article 18 [of Law 1402] in force at the time the sentence was pronounced shall continue to apply.Provisional Article 2. The provisions of Article 3 of this Act shall also apply in the case of offences under Article 158 of the Turkish Penal Code where no final judgment has been passed on the date of coming into force of this Act.Provisional Article dated 28 December 1982 of Law 2766: Provisional Article. Cases of persons removed from service on the order of martial law commanders in accordance with the provisions of Article 2 of the Martial Law Act (Law 1402 as amended by Law 2301 on 19 September 1980) prior to the date of coming into force of this Act shall be re-examined by the martial law commanders. Those whom it has been decided not to re-employ in the public service shall not be so re-employed. Such persons will be subject to the provisions of Law 5434 on the Pension Retirement Fund of the Turkish Republic and on other social security associations.Provisional Article dated 3 May 1985 of Law 3195: Provisional Article. Persons who have been in custody for a period longer than 30 days on the date of coming into force of this Act shall be produced before an authorised judge within a maximum period of 48 hours. However, the period of 45 days' custody mentioned in the last paragraph of Article 15 of this Act (Law 1402, as amended by this Act) may by no means exceed the said 48 hours granted for the completion of the necessary formalities.Provisional Article dated 31 March 1988 of Law 3423: Provisional Article. The provisions of this Act shall also apply to persons detained in military prisons after being arrested on the orders of martial law courts before the publication of this Act.