La sospensione dei diritti fondamentali in Turchia alla prova dell'articolo 15 CEDU

In the aftermath of the failed 15 July 2016 military attempted coup, Turkey's government declared a state of emergency under domestic law and notified to the Secretary General of the Council of Europe its decision to derogate the ECHR on behalf of article 15 of the Convention. Accordingly, Turkey adopted a series of extraordinary measures in the attempt to restore normalcy aiming at preventing other members (or sympathizers) of the organization which was supposed having led the attempted coup (the Fethullah Terrorist Organisation - FETÖ), to support in any way the action or to try a new coup. The present article aims to assess whether Turkey has exercised his power to derogate legitimately and in accordance with the substantive and procedural requirements of Article 15 ECHR, or whether extraordinary measures adopted are gone beyond the boundaries of the reasonableness and of the proportionality criteria in order to restrict the scope of protection of fundamental rights in this Country.