Gov't prepares new draft of investigation initiative cancelled by Constitutional Court

Duvar English

The ruling Justice and Development Party (AKP) has submitted a legislation package regarding articles of a law concerning the security investigation into candidates for state employee positions that was recently cancelled by the Constitutional Court (AYM) as it lacked the mechanisms to protect personal data and the details of one's private life.

A number of deputies from the main opposition Republican People's Party (CHP) applied to the AYM to have certain articles of the law passed in early 2018, when Turkey was still in an ongoing state of emergency that was repeatedly renewed since the July 2016 coup attempted and lasted for two years. The AYM cancelled the articles in a decision last month 

The law seeks to conduct security investigations into potential candidates for state jobs in the military, police forces, intelligence agencies, and penal institutions. If passed, evaluation commissions would conduct the security investigations and archival research on those candidates who have applied for jobs within state institutions for the first time, as well as those who are re-applying. 

The purpose of the investigations is to ensure that the candidate “is faithful and committed to the state, not involved in activities with terror organizations, not providing assistance to these organizations, not using their opportunities and resources as a public official to support these organizations, and not conducting propaganda on behalf of these organizations,” according to the proposed law. 

The data collected in these investigations would be secured for two years before being erased, unless a court case is filed against a candidate, in which case the data would not be erased.