Restriction and suspension of the regime of fundamental rights and freedoms in Turkey

The main purpose of having chosen the Master's thesis topic as "Restriction and Suspension of the regime of Fundamental Rights and Freedoms in Turkey" is to examine the subject of restriction and suspension of fundamental rights and freedoms in the context of both different approaches in the doctrine and related constitutional and legal provisions. Fundamental rights and freedoms are the rights and freedoms that are guaranteed under the constitution and cannot be easily abolished by the state. There is never limitless freedom in a society, as unlimited freedom will lead to anarchy. In this respect, the existence of freedoms depends on determining their limits, demonstrating the methods of their use, framing them with detailed rules, that is, being regulated. According to Article 13 of the 1982 Constitution, restrictions by law, not touching the essence of fundamental rights and freedoms, and restrictions only for the reasons specified in the relevant articles of the Constitution constitute the constitutional conditions for restricting fundamental rights and freedoms. The first sentence of Article 13 of the Constitution, which regulates the regime of restriction of fundamental rights and freedoms, includes the conditions for restriction of fundamental rights and freedoms, but the limits of the restriction are drawn with the provision in the second sentence. Accordingly, these restrictions should not contradict the words and spirit of the Constitution, the requirements of the democratic social order and the secular Republic, and the principle of proportionality. In Articles 15 and 119 of the Constitution, the suspension of fundamental rights and freedoms in the state of emergency regime is clearly indicated. In the first paragraph of Article 15, it is regulated that fundamental rights and freedoms may be partially or completely stopped or measures contrary to the guarantees stipulated in the Constitution may be taken in cases of war, mobilization or state of emergency. While the measures contrary to the guarantees stipulated in the Constitution are taken; except for deaths during the state of war, restrictions have been imposed such that the right to life, material and moral integrity of the person will not be touched, that nobody can be forced to disclose their religion, feelings and thoughts, and that they cannot be blamed for them, that the principle of innocence will not be violated, and that crimes and punishments will not be retroactive.