Peace Academics face second wave of dismissal

Damla KIRMIZITAŞ
Ankara

The process of reinstating the hundreds of academics who were dismissed from universities for signing the declaration headed “We will not be party to this crime” in 2015-16 is being prolonged. Regional administrative courts are rejecting the reinstatement orders delivered by the Constitutional Court (CC) at the outcome of cases brought by the Peace Academics who were dismissed from their posts at that time by a decree with the force of law (DFL) under the state of emergency.

Associate Professor Dr. Mustafa Kemal Coşkun of Ankara University Faculty of Language, History and Geography Department of Sociology is one of the Peace Academics who was dismissed from university under a DFL. Stating that rejections were made on “loyalty to the ruling party” grounds in their reinstatement cases, Professor Dr. Mustafa Kemal Coşkun, who is a member of the Executive Board of the Education and Science Workers' Union Ankara No 5 Universities Branch, responded as follows: “They do not adhere to CC rulings. So why then are you telling us to show loyalty to the state? You yourselves are not adhering to this Constitution in the first place”.

”AN UNLAWFUL PROCESS IS BEING PERFORMED”

Noting that copy and paste decisions were appearing in Peace Academics’ cases, Associate Professor Dr. Coşkun said, “The odd thing here is that Regional Administrative Court No 13 requests certain information about everyone from the police, Financial Crimes Investigation Board, National Intelligence Organization and gendarmerie. And it is said in the information coming from these places, “No association with any organization was found” about all those involved. Despite this, the Regional Administrative Court rejects our reinstatement. And it says by way of grounds, “Signing means association”. If signing by itself is association, it was evident from the outset that we had signed so why do you ask these authorities? You have already made this decision. You want evidence. This is evidence. They are performing an entirely unlawful process”.

”THE CC RULING IS BEING FLOUTED”

Recalling the decision in which the CC declared signing a declaration to be freedom of expression, Associate Professor Dr. Coşkun said, “If the CC says this is freedom of expression, you cannot flout this CC ruling and say this is an indication of association. We are undergoing a similar process through this process in which CC rulings are disregarded”. Stressing the wording “loyalty to the state” included in the Regional Administrative Court No 13’s reasoned rulings, Associate Professor Dr. Coşkun said, “It is declared that ‘the state works with those who are loyal to it’. They thereby understand loyalty to be loyalty to the state or the ruling party. There is a principle of loyalty, but loyalty here is a civil servant acting in observance of the Constitution and the rules of law. But it doesn’t work like this and rejection is ordered”.

ALL EYES ON THE COUNCIL OF STATE

Explaining that Regional Administrative Courts No 13, 14 and 15 were hearing the cases at the appeal stage and Regional Administrative Court No 13 had ordered rejection by majority verdict while Regional Administrative Court No 15 had yet to issue its rulings, Associate Professor Dr. Coşkun said Regional Administrative Court No 14 that was hearing his own case had ordered reinstatement but the university administration had taken the proceedings to the Council of State. Indicating that Regional Administrative Court No 14 had ordered reinstatement but they did not know if it would continue to do so, Coşkun said, “There are around 35 cases pending at the Council of State. In due course our rejected colleagues will also make applications. This number will increase”. Noting that these numbers include applications by universities and academics who have been handed down rejections, Coşkun continued, “This is how authoritarianism works. The ruling party has become both the executive and the legislative as well as the judiciary. Nobody can deviate from the President’s word and take a decision. CC rulings are flouted. So why then are you telling us to show loyalty to the state? You yourselves are not adhering to this Constitution in the first place”.