Constitution of Turkish Republic of Northern Cyprus
Whereas the Turkish Cypriot People is an inseparable part of the great Turkish Nation which lived independent and fought for its rights and liberties all along its history; and
Whereas the Turkish Cypriot People, in the face of events directed against its national existence and right to life, since 1878 when it was broken away from its motherland, which were intensified especially after 1955 and took the form of armed terrorism, aggression and suppression, has organised its resistance as a mature community in unity and integrity; and
Whereas the Turkish Cypriot People has established that there cannot be individual rights and liberties without the acquisition of communal rights and Liberties, through the bitter experiences it had undergone until the year 1974 when the Peace Operation, which was carried out by the Heroic Turkish Armed Forces by virtue of the Motherland's natural, historical and legal right of guarantorship emanating from Agreements, provided to the Turkish Cypriots the means of living in peace, security and liberty; and
Whereas, in the face of attempts made to deprive it of all its rights emanating from history, international agreements and from human rights declarations and covenants and to destroy completely its existence in Cyprus; and in the face of a Republic of Cyprus which has, since 21 December 1963. Come under the monopoly of the Greek Cypriots through unlawful means, which has been transformed into a Greek Cypriot State not only from the point of view of its composition but also from the point of view of the policy it followed, and Which has, as a result of its racist and discriminatory policy and actions serving Pan-Hellenist expansionism, departed from the Agreements and the principles embodied in the Constitution and thus lost its legitimacy, the Turkish Cypriot People has, in exercise of its right of self-determination, proclaimed before the world and history the establishment of the Turkish Republic of Northern Cyprus; Now, therefore,
For the purposes of:
Giving life to the Proclamation of Independence which was accepted unanimously and with great enthusiasm on 15th November 1983
Continuing its existence in its own homeland in full security and humane order;
Establishing a democratic and secular State with a plural party system based on social justice aiming to protect human rights and liberties, the rule of law and the peace and welfare of the individual and Community; and
Being faithful to the Principles of Atatürk and in particular for spreading His-principle of " Peace in the Homeland, Peace in the World ";
THE TURKISH CYPRIOT PEOPLE with whom the absolute right to sovereignty rests;
Approves and proclaims this Constitution passed by the Constituent Assembly of the Turkish Republic of Northern Cyprus as the Constitution of the Turkish Republic of Northern Cyprus established on 15th November 1983;
Entrusts it to the vigilant guarding of its children who are devoted to freedom, justice and virtue, with the belief that the real guarantee lies in the hearts and the will of the citizens.
PART I. - GENERAL PROVISIONSEdit
Article 1: The Form and Characteristics of the StateEdit
The Turkish Republic of Northern Cyprus is a secular republic based on the principles of supremacy of democracy, social justice and law.
Article 2: The Integrity, Official Language, Flag, National Anthem and Capital of the StateEdit
The State of the Turkish Republic of Northern Cyprus is an indivisible whole with its territory and people. The official language is Turkish. The Flag and the National Anthem of the Turkish Republic of Northern Cyprus are prescribed by law, The capital of the Republic is Lefkoşa.
Article 3: SovereigntyEdit
Sovereignty shall vest in the people comprising the citizens of the Turkish Republic of Northern Cyprus, without condition or reservation. The people shall exercise its sovereignty, within the framework of the principles laid down by the Constitution, through its competent organs. No group, class or person can claim sovereignty to itself. No organ office or authority can exercise any power which does not emanate from this Constitution.
Article 4: The Legislative PowerEdit
Legislative power shall vest in the Assembly of the Republic on behalf of the people of the Turkish Republic of Northern Cyprus.
Article 5: The Duties and Powers of the ExecutiveEdit
The executive duties and powers shall be carried out and exercised by the President of the Republic and the Council of Ministers in accordance with the Constitution and laws.
Article 6: Judicial PowersEdit
The judicial powers shall be exercised on behalf of the people of the Turkish Republic of Northern Cyprus by independent courts.
Article 7: Supremacy and Binding Force of the ConstitutionEdit
Laws shall not be contrary to or inconsistent with the Constitution. The provisions of the Constitution shall be the fundamental legal principles binding the legislative, executive and judicial organs, the administrative authorities of the State and individuals.
Article 8: EqualityEdit
Every person shall be equal before the Constitution and the law without any discrimination. No privileges shall be granted to any individual, family, group or class. The organs and the administrative authorities of the State are under an obligation to act in conformity with the principle of equality before the law and not to make any discrimination in their actions. The benefits acquired or to be acquired by persons, who are economically weak, by virtue of the Constitution and the laws, cannot be eliminated by putting forward this Article.
Article 9: Provisions that cannot be changedEdit
The provisions embodied in Article I, in paragraphs (I) and (2) of Article 2 and In Article 3 of this Constitution cannot be changed; nor can any proposal be made for changing them.
PART II. - FUNDAMENTAL RIGHTS, LIBERTIES AND DUTIESEdit
Chapter I- GENERAL PROVISIONSEdit
Article 10: The Nature of Fundamental Rights and their ProtectionEdit
- (1) Every person has, by virtue of his existence as an individual, personal fundamental rights and liberties which cannot be usurped, transferred or renounced.
- (2) The state shall remove all political, economic and social obstacles which restrict t u fundamental rights and liberties of the individual in a manner incompatible with the individual's well-being; social justice and the principles of a state under the rule of law; it shall prepare the necessary conditions for the development of the individual's material and moral existence.
- (3) The legislative, executive and judicial organs of the State, within the spheres of their authority, shall be responsible for ensuring that the provisions of this Part are wholly implemented.
Article 11: The Essence and Restriction of Fundamental Rights and LibertiesEdit
Fundamental rights and liberties can only be restricted by law, without affecting their essence, for reasons such as public Interest, public order, public morals, social justice, national security, public health and for ensuring the security of life and property of persons.
Article 12: Fundamental Rights and Liberties and Powers not to be MisusedEdit
No provision of this Constitution shall be construed or interpreted as to give any real or legal person, group or class of persons the right and authority to commit acts or to engage in activities aimed at changing the rights and status of the Turkish Republic of Northern Cyprus and of the Turkish Cypriot people guaranteed by this Constitution or at destroying the order established by this Constitution or at removing the fundamental rights and liberties recognised by this Constitution.
Article 13: The Status of AliensEdit
The rights and liberties referred to in this Constitution may be restricted by law in respect of aliens, in accordance with international law.
Chapter II-RIGHTS, LIBERTIES AND DUTIES OF INDIVIDUALSEdit
Article 14: Personal ImmunityEdit
- (1) Every person shall have the right to live in peace, security and tranquillity and to develop and protect his material and moral existence.
- (2) No person shall be subjected to ill-treatment or torture.
- (3) No person shall be subjected to any punishment or treatment which is incompatible with human honour and dignity.
- (4) A person's honour and dignity are inviolable. Every person shall be duty-bound to respect and protect this.
Article 15: Right to Life and Corporal IntegrityEdit
- (1) Every person has the right to life and corporal integrity.
- (2) No person shall be deprived of his life except in die execution of a sentence of a competent court following his conviction of an offence for which death penalty is provided by law.
- A law may provide for such penalty only in cases of high treason in times of war, offence of piracy and terrorism jure gentium or repeated conviction of an offence punishable with death sentence.
- (3) Deprivation of life shall not be deemed to be inflicted in contravention of the provisions of paragraphs (1) and (2) 'hen it results from the use of force which is no more than absolutely necessary:
- (a) in defending one's self or property against the infliction of a proportionate and otherwise unavoidable and irreparable evil; or
- (b) in effecting an arrest or in preventing ale escape of a person lawfully detained; or
- (c) in action taken for the purpose of quelling a riot or insurrection, when and as provided by law.
Article 16: Liberty and Security of PersonEdit
- (1) Every person has the right to personal liberty and security.
- (2) No person shall be deprived of his liberty save in the following cases when and as provided by law:
- (a) the detention of a person after conviction by a competent court;
- (b) the arrest or detention of a person f r non-compliance with the lawful order of a court;
- (c) the arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
- (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
- (e) the detention of persons who are likely to spread an infectious disease, of persons of unsound mind, alcoholics or drug addicts or vagrants;
- (f) the arrest or detention of a person to prevent him from making an unauthorised entry into the territory of the State or of an alien against whom action is being taken with a view to deportation or extradition;
- (g) the arrenst or detention of an alien for the purpose of preventing him from leaving the Republic in order to evade a financial responsibility;
- (h) the detention of those citizens of the Turkish Republic of Northern Cyprus who are nationals of more than one country, for the execution of Court decisions given against them for offences committed under the laws of the other country of which they are the nationals; provided that there is in force between the Turkish Republic of Northern Cyprus and that other country an agreement for extradition and for reciprocal enforcement of judgments.
- (3) Save when and as provided by law in case of a flagrant offence punishable with death or imprisonment, no person shall be arrested save under the authority of a reasoned judicial warrant issued according to the formalities prescribed by law.
- (4) The position of the person arrested or detained shall be brought to the knowledge of his close relatives at the earliest possible time and quickly, except in cases where there are grave objections to the disclosure of the extent and substance of the investigation.
- (5) Every person arrested or detained shall be informed, at the time of his arrest, in a Language which he understands of the reasons of his arrest or detention and shall be allowed to have immediately, the services of a lawyer to be chosen by him or by his relatives.
- (6) The person arrested shall, as soon as practicable and in any event not later than twenty-four hours after his arrest, be brought before a judge, if he is not in the meantime released.
- (7) The judge sell promptly proceed to inquire into the grounds of the arrest in a language understandable by the person arrested and shall, as soon as possible and in any event not later than three days from such appearance, either release the person arrested on such terms as he may deem fit or where the investigation into the commission of the offence for which he has been arrested has not been completed remand him in custody. The judge may remand him in custody for a period not exceeding eight days at any one time:
- Provided that the total period of such remand or detention in custody shall not exceed three mouths from the date of the arrest; on the expiration of the said period every person or authority having the custody of the person arrested or detained shall forthwith set him free.
- (8) The exercise of the right of appeal against the decisions of the judge under paragraph (7) cannot be denied.
- (9) Every person who is deprived of his Liberty by reason of his arrest or detention shall be entitled to take legal proceedings so that the lawfulness of his detention may be decided speedily by a court. If his detention is found to be illegal, the Court shall order his release.
- (10) Every person who has been the victim of arrest or detention in contravention of the provisions of this Article shall be untilled to claim compensation by filing an action.
Article 17: Rights Relating to Judicial TrialsEdit
- (1) No person shall be denied access to the court assigned to him by or under this Constitution. The establishment of judicial committees or special courts under any name whatsoever is prohibited.
- (2) Every parson shall, in the determination of his civil rights and obligations or of any criminal charge against him, be entitled to a fair and public hearing within a reasonable time by an independent, impartial and competent court established by law. Judgment shall be reasoned and pronounced in public session.
- (3) The press and the public may be excluded from all or any part of the trial upon a decision of the court in cases where it is in the interest of the national security or the constitutional order or the public order or the Public safety or the public morals or where the interest of juveniles or the protection of the private life of the parties so require or, in special circumstances where, in the opinion of the court, publicity would prejudice the interests of justice.
- (4) Every person his the right :
- (a) to be informed of the reasons why he is required to appear before the court ;
- (b) to present his case before the court and to have sufficient time necessary for its preparation;
- (c) to adduce or cause to be adduced his evidence and to demand that witnesses are directly examined according to law
- (d) to have the services of a lawyer chosen either by him or by his relatives and where the interests of justice so require to have free legal assistance as provided by law ;
- (e) to have free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 18: Rights of Accused PersonsEdit
- (1) No person shall be considered guilty on account of any act or omission which did not constitute an offence under the law at the time when it was committed; and no person shall have a heavier punishment imposed on him for an offence other than that expressly provided for it by law at the time when it was committed.
- (2) A person who has been acquitted or convicted of an offence shall not be tried again for the same offence. No person shall be punished twice for the same act or omission except where death ensues from such act or omission.
- (3) No law shall provide for a punishment which is disproportionate to the gravity of the offence.
- (4) Every person changed with an offence shall be presumed innocent until proved guilty according to law.
- (5) Every person charged with an offence has the following minimum rights :
- (a) to be informed promptly and in a language which he understands and in detail of the nature and grounds of the charge preferred against him ;
- (b) to have adequate time and facilities for the preparation of his defence ;
- (c) to defend himself in person or through a lawyer of his own choice or, if he has no sufficient means, and the interests of justice so require, through a lawyer to be appointed for him free of charge ;
- (d) to examine personally or through his lawyer, the witnesses against him or to cause them to be examined and to secure the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him ;
- (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 19: Privacy of Individual's LifeEdit
- (1) Every person shall have the right to demand that his private and family life is respected. There shall be no violation of the privacy of individual's private and family life. The exceptions necessitated by legal proceedings shall be reserved.
- (2) There shall be no bodily search of a person or his private papers and belongings and these shall not be confiscated, in cases expressly defined by law, without a court or judge's order made in accordance with normal procedure; and in cases where a delay is considered undesirable from the national security and public order point of view, without an order of the competent authority duly empowered by law.
Article 20: Inviolability of Dwelling HouseEdit
- (1) Every person's dwelling house is inviolable.
- (2) There shall be no entry into any dwelling house no search no shall be - made therein and the movable property found therein shall not be confiscated, in cases expressly defined by law , without a court or, judge's order made in accordance with normal procedure; and in cases where a delay is considered undesirable from the national security and Public order point of view, without an order of the competent authority duly empowered by law.
Article 21: Freedom of CommunicationEdit
- (1) Every person has the right to freedom of communication.
- (2) The secrecy of communication is a fundamental principle unless there is a jugment given by a court or a judge in accordance with and in cases required by law, this secrecy shall not be interfered with.
Article 22: Freedom of Movement and ResidenceEdit
- (1) Every citizen has the right to freedom of movement; this freedom can only be restricted by law for the purposes of providing national security and the prevention of epidemics.
- (2) Every citizen has the right to reside in any place of his liking; this freedom can only be restricted by law when considered necessary in the interest of national security, the prevention of epidemics, the protection of public property and of achieving social, economic and agricultural development and proper town planning.
- (3) Every citizen has the right to freedom of entry to, and exit from the Republic. The freedom of exit from the Republic shall be regulated by law.
- (4) No citizen shall be banished or excluded from the territory of the State against his will and he shell not likewise be prevented from entry therein.
Article 23: Freedom of Conscience and ReligionEdit
- (1) Every individual has freedom of conscience, religious faith and opinion.
- (2) Forms of worship and religious ceremonies and rites are free provided they do not contravene public order or public morals or the laws enacted for these purposes.
- (3) No person shall be compelled to worship; to participate in religious ceremonies and rites or to reveal his religious faith or belief; and no person shall be reproached for his religious faith or belief.
- (4) Religious education and teaching is carried out under the supervision and control of the State.
- (5) No person shall exploit or abuse, in any manner whatsoever, religion or religious feelings or things considered sacred by religion for the purpose of founding, even though partially, the basic social, economic, political or legal order of the State on religious precepts or for the purpose of securing political or personal advantage or influence. In the case of real or legal persons violating this prohibition or inducing others to do so, the provisions of the relevant law shall be applied and political parties shell be permanently closed down by the Supreme Court sitting as the Constitutional Court.
Article 24: Freedom of Thought, Speech and ExpressionEdit
- (1) Every person has the right to freedom of thought or opinion. No person shall be compelled to disclose his throughs and opinion. There is no offence of thought.
- (2) Every person has the right to express and publish his thoughts and opinion, by himself or collectively, by word of mouth, in writing, through pictures or other media.
- This right includes freedom to express opinion and to receive and impart information and ideas without interference by any public authority and regardless of the boundaries of the State.
- (3) The exercise of the freedom of speech and of the freedom of expression may be subject to such formalities, conditions, restrictions, or penalties as are necessary and prescribed by law only in the interest of national security or the constitutional order or the public safety or the public order or the public health or the public morals or for the protection of the reputation or rights of others or for preventing the disclosure of information received in confidence or for maintaining the authority and impartiality of the judiciary.
Article 25: Freedom of Science and ArtEdit
- Every person has the right to freedom of learning and teaching and expressing and disseminating fully science and art and of making every research in these fields.
Article 26: Freedom of the PressEdit
- (1) The press and publication are free for all citizens and shall not be subjected to censorship.
- (2) The State shall take the necessary measures to ensure the freedom of the press and of receiving information.
- (3) The freedom of the press and of receiving information may be restricted by law for the purpose of safeguarding public order or national security or public morals or for preventing attacks on the honour, dignity or rights of persons and for preventing instigations to commit an offence or for the purpose of assuring the proper functioning of the judiciary in accordance with its aims.
- (4) Save when it is imposed by a decisions to be given by any court or judge, within the limits to be prescribed by law, for the purpose of ensuring the proper functioning of the judiciary, in accordance with its aims, no ban shall be imposed on the publication of news about events.
Article 27: The Right to Publish Newspapers, Periodicals and PamphletsEdit
- (1) The publication of newspapers, periodicals and pamphlets by citizens shall not be subject to obtaining prior permission or to the furnishing of financial security.
- (2) The publication, distribution and financial resources of newspapers, periodicals and pamphlets and the conditions pertaining to the profession of journalism shall be regulated by law. Such law shall not impose political, economic, financial and technical conditions preventing or making difficult the free dissemination of news, thoughts and opinion.
- (3) Newspapers and periodicals shall benefit, in accordance with the principle of equality, from the media and facilities provided by the State and other public corporate bodies or by institutions attached to them.
- (4) Newspapers, periodicals and pamphlets published within the boundaries of the State may be seized by an order of a judge in cases where any of the offences specified by the relevant law has been committed; and by an order of the authority expressly empowered by law in cases where a delay is considered undesirable from the point of view of safeguarding national security, public order or public morals. The competent authority giving the order for the seizure, shall inform the court of the decision on the same day. If the court does not confirm the decision within two days, at the latest, the order for the seizure shall be considered null and void.
Article 28: The Right to Publish BooksEdit
- (1) The publication of books by citizens shall not be subject to prior permission or to censorship.
- (2) Books published within the boundaries of the State may be seized by and order of a judge in cases where any of the offences specified in the relevant law has been committed; and by an order of the authority expressly empowered by law in cases where a delay is considered undesirable from the point of view of safeguarding national security, public order or public morals. The competent authority giving the order for the seizure shall inform the court of the decisions within twenty-four hours, at the latest. If the court does not confirm the decision within seven days, at the latest, the order for the seizure shall be considered null and void.
Article 29: The Protection of Printing EquipmentEdit
- Printing works and their auxiliary buildings and printing presses and equipment belonging to the citizens shall not be confiscated or seized or prevented from operating, even though they were used in the commission of an offence.
Article 30: The Right to Make Use of Means of Communication other than the PressEdit
- Citizens and political parties have the right to benefit from means of communication and publication, other than the press, which are owned by public corporate bodies. The conditions and the way of benefiting from such means of communication and publication shall be regulated by law in accordance with democratic and equitable principles. The law shall not impose conditions preventing the public from receiving news and from having access to thoughts and opinion through such means or the free formulation of public opinion through such means on grounds other than the protection of the secular State based on human rights and the principles of the supremacy of democracy, social justice and rule of law, or the protection of national security and of public morals.
Article 31: The Right to Correction and ReplyEdit
- (1) The right to correction and reply shall be recognized only in cases where the honour and dignity of person are hurt or incorrect statements are published concerning them and it shall be regulated by law.
- (2) In cases where a correction or replay is not published, the judge shall decide whether its publication is essential or not within seven days, at the latest, of the receipt of the application made by the person concerned.
Article 32: The Right of Assembly and DemonstrationEdit
- Citizens have the right to organize an unarmed and non-violent assembly or public demonstration without obtaining prior permission. This right may be restricted by law only for safeguarding public order.
Article 33: The Right to Form AssociationsEdit
- (1) Every citizen has the right to from associations without prior permission. The manner and method of exercising this right shall be laid down by law. The law may impose restrictions in the interests of national security, public order and public morals.
- (2) No citizen shall be compelled to become a member of any association or to remain as a member of any association.
- (3) Associations may, where provided by law, be closed down by an order of a judge; and in cases where a delay is considered objectionable from the point of view of safeguarding national security, public order or public morals, an association's functions may be suspended until a decision is given by a judge, by an order of the authority expressly empowered by law.
Article 34: Right to ProveEdit
- In libel action relating to imputations made against public servants in connection with the discharge of their duties and functions, the defendant shall have the right to prove the truth of the imputation. In cases other that the above, the granting of the request to prove shall be dependent upon whether it would be considered in the public interest to ascertain the truth or falsity of the imputation or upon whether the complainant consents to such proof.
Chapter III-SOCIAL AND ACONOMIC RIGHTS AND LIBERTIES AND DUTIESEdit
Article 35: Protection of the FamilyEdit
- (1) The family is the foundation of the community.
- The State and other public corporate bodies shall adopt the necessary measures and establish the necessary organizations for the protection of the family, mother and child.
- (2) The rights and obligations of any male or female person reaching marriageable age to marry and to set up a matrimonial home shall be regulated by law.
Article 36: General Provision Relating to Property RightsEdit
- (1) Every citizen has the right to ownership and inheritance. These rights may only be restricted by law in the interest of the public.
- (2) Restrictions or limitations which are absolutely necessary in the interests of the public safety or the public health or the public morals or the town and country planning or the development and utilization of any property for public benefit or for the protection of the rights of others may be imposed by law on the exercise of such right.
- (3) Just compensation shall be promptly paid for any such restrictions or limitations which materially decrease the economic value of such property; in case of disagreement such compensation shall be determined by a civil law court.
- (4) The provisions of paragraphs (2) and (3) above shall not effect the provisions inserted by law for the purpose of recovering any tax or penalty, executing any judgment, enforcing any contractual obligation or protecting life or property from danger.
- (5) The right of the State to the immovable properties mentioned in Article 159 is reserved.
Article 37: Protection of LandEdit
- The State shall take the necessary measures for the purpose of achieving the efficient utilization of land and for providing farmers who have no land or who have insufficient land, with enough land. For these purposes the law may specify the extent of such land having regard to the requirements of different agricultural regions and kinds of farming.
Article 38: Protection of ForeshoresEdit
- (1) The foreshores are under the ownership and possessions of the State and may be used only in the public interest.
- (2) Outside municipal boundaries, only structures belonging to the State which are very essential and in the public interest, may be erected within the area of the coastal strip of one hundred metres width. Provided that such structures shall not be of a nature spoiling the natural beauty of the shores.
- The future position of the existing buildings and structures shall be regulated by law.
- (3) The protection of foreshores within municipal boundaries and the position of the buildings and structures to be erected in future and of the existing ones within the area of the coastal strip of one hundred metres width, shall be regulated by law in accordance with the requirements of public interest and town planning.
- (4) The entry of citizens into the area of the coastal strip of one hundred metres width cannot be prevented by any one or be subjected to any entrance fee unless restrictions have been imposed by law for the, purpose of safeguarding nationa1 security, public order, public interest, general health and the protection of the environment:
- Provided that this provision shall not be interpreted as rendering possible the infringement upon property rights.
Article 39: Protection of Historical, Cultural and Natural WealthsEdit
- The State shall ensure the protection of the works and monuments of historical and cultural value as value as of natural wealths; and for this purpose it shall take regulating, supporting and incentive measures. The limitations to be imposed on such works and monuments and natural wealths which are privately owned and the assistance to be rendered and privileges to be granted to their rightful owners as a result of such limitations shall be regulated by law. No other buildings shall be erected in place of buildings of historical value which have collapsed or which have in any way ceased to exist or suffered destruction. If the necessity to build arises, the historical building which collapsed or in any way suffered destruction may be re-built or repaired in such a way as to conform to the original building. The State shall take the necessary measures and shall make the necessary legal regulations for this purpose.
Article 40: Protection of the EnvironmentEdit
- (1) Every person has the right to live in a healthy and balanced environment.
- (2) No real or legal person shall drain or dump into the sea or into any dam, lake or river, for any purpose whatsoever, any liquid, gas or Solid matter which is of such a nature as to cause harm to human health or to endanger marine life and resources.
- (3) It shall be the duty of the State, and of the real and legal persons to develop the environment, to protect environmental health and to prevent pollution of the environment.
- (4) The State shall take the necessary measures for the establishment of national parks.
Article 41: Acquisition and RequisitionEdit
- (1) The State, municipal Corporations and such public corporate bodies or institutions of public utility as are empowered by law to make compulsory acquisitions, shall be entitled to acquire compulsorily any movable or immovable property or any right over or interest in any such property:-
- (a) for a purpose of public utility specifically provided by a general law for compulsory acquisition; and
- (b) when such purpose is established by a decision of the acquiring authority and made under the provisions of such law stating clearly the reasons for such acquisition ; and
- (c) upon payment in cash, immediately or by instalments to be prescribed by law and spread over a period not exceeding five years, of a just and equitable compensation which shall be determined, in case of disagreement, by a civil law court.
- (2) The way and manner in which the value of the compulsory acquisition shall be assessed shall be regulated by law.
- (3) Any immovable property or any right over, or interest in, such property which has been compulsorily acquired, shall be used only for the purpose for which it has been acquired. If within three years of the acquisition such purpose has not been attained, the acquiring authority shall, immediately after the expiration of the said period of three years, offer the property at the price it was acquired to the person from whom it was acquired. The person receiving this offer shall signify his acceptance or rejection of the offer within three months of the receipt thereof; if he signifies acceptance and returns again within a period of three months from such acceptance, the acquisition price, the property shall be returned to him immediately.
- (4) The provisions in paragraph in above shall not affect any provisions inserted by law for the purpose of recovering any taxes or penalty, executing any judgement, enforcing any contractual obligation or protecting life or property against danger.
- (5) The State may requisition any movable or immovable property :-
- (a) for a purpose of public utility specifically provided by a general law for requisitioning ; and
- (b) when such purpose is established by a decision of the requisitioning authority and made under the previsions of such law stating clearly the reasons for such requisitioning ; and
- (c) for a period not exceeding three years ; and
- (d) upon payment in cash, immediately or by instalments to be prescribed by law and spread over a period not exceeding five years of a just and equitable compensation which shall be determined, in case of disagreement, by a court exercising civil Law jurisdiction.
- (6) Any interested person shall have the right of recourse to the court in respect of any of the provisions of this Article and such recourse shall act as a stay of proceedings for the compulsory acquisition.
- Any decision of the court under this paragraph shall be subject to appeal.
Article 42: Acquisitions, Requisitions and Restrictions connected with Vakf PropertiesEdit
- (1) Matters relating to the acquisition and requisition of Vakf properties shall be regulated by law in accordance with the Basic Principles of Evkaf (Ahkâ mul Evkaf). Provisions relating to the restrictions and limitations which shall be imposed on Vakf properties for purposes of town and country planning, shall also be specified in such law.
- (2) In cases where any act of limitation or restriction is involved, the court may order stay of proceedings in respect thereof.
Article 43: NationalizationEdit
- Private enterprises which possess the characteristics of a public service and the movable and immovable properties belonging to aliens may, where necessitated in the public interest he nationalized provided that their actual value is paid in the manner indicated by law. Where the law provides that payment be made by instalments, such payment shall be effected by equal instalments spread over a period not exceeding ten years. Any amount not paid in advance shall be subject to the highest rate of interest prescribed for State loans.
Article 44: Right to a Dwelling HouseEdit
- The State shall regulate 'by law the meausures necessary for meeting the housing requirements of families who do not own any houses or who do not have houses conforming to sanitary conditions suitable for human habitation.
Article 45: Right to HealthEdit
- It shall be the duty of the State to ensure that every person enjoys sound physical and menta1 health and receives medical attention.
Article 46: Rights of Enter into ContractEdit
- (1) Subject to compliance with such conditions, limitations or restrictions as are laid dawn by the general principles, of the law of contract and with the provisions of the laws in force, every person has the right to enter freely into any contract. The exploitation of others by persons who are economically strong shall be prevented by law.
- (2) The rights and obligations arising from contacts may be regulated or restricted by law for such reasons as public interest, social justice and national security.
- (3) The State, having regard to the social and economic requirements and to the characteristics of specific areas may, by law, take the necessary measures, impose restrictions and make adjustments regarding house rents.
Article 47: Order of Economic ad Social LifeEdit
- (1) Economic and social life shall be regulated in accordance with the principles of justice and full employment and with the aim of ensuring for every citizen a standard of living befitting human dignity.
- (2) It shall be the duty of the State to materialize economic, social and cultural development through democratic ways and for this purpose to increase national savings, to direct investments to priorities necessitated by public interest and to prepare development projects.
Article 48: Freedom to WorkEdit
- (1) Every citizen shall be free to work in any field of his liking. The establishment of private enterprises is free.
- This freedom may be restricted by law in the public interest.
- (2) The State shall take the steps necessary to ensure that private enterprises shall progress in accordance with the requirements of the national economy and in conformity with social aims and shall function in security and stability.
Article 49: Right and Duty to WorkEdit
- (1) It is the right and duty of every citizen to work.
- (2) The State shall protect the workers and support employment by taking social economic and financial measures for securing a decent life to workers and for ensuring that the working conditions shall improve in a stable manner; the State shall take measures aimed at preventing unemployment.
- (3) No person shall be compelled to work. Forced labour is prohibited. However, any labour required to be performed by convicts during their detention for rehabilitation purporses shall not be deemed to be forced labour.
- (4) The forms and conditions of physical or intellectual work which is in the nature of a civic duty, in fields necessitated by the country's requirements, shall be regulated by law in accordance with democratic principles.
Article 50: Conditions of EmploymentEdit
- (1) No person shall be employed in any work which is incompatible with his age, capability and sex.
- (2) Children, young persons, women and persons who are physically and mentally handicapped shall be accorded special protection in respect of conditions of work.
Article 51: Right to RestEdit
- (1) Every person who works has the right to rest.
- (2) The right to weekend and to national and religious holidays with pay and to annual leave with pay, shall be regulated by law.
Article 52: Equity in PayEdit
- The State shall adopt the necessary measures enabling workers to receive just and equitable wages commensurate with the work they perform and sufficient to secure a standard of living befitting human dignity.
Article 53: The Right to Establish Trade UnionsEdit
- (1) Employers and employees have the right to establish, without prior permission, trade unions and federations of trade unions, to become members and to resign from membership thereof freely. The way and manner in which these rights shall be exercised shall be prescribed by law. The law may impose restrictions for the purpose of safeguarding national security, public order and public morals.
- (2) The rules and the administration and functioning of trade unions and trade union federations shall not be contrary to democratic principles.
Article 54: The Right to Collective Agreement and to StrikeEdit
- (1) Workers shall have the right to collective agreement and to strike in their relations with employers for the purpose of protecting and improving their economic and social positions.
- (2) The exercise of the right to strike may be regulated by law only for the purpose of safeguarding the national security or the Constitutional order or the public order or the rights and liberties guaranteed by this Constitution to any person.
- (3) Judges, law officers, members of the armed forces, members of the police and the civil defence personnel holding key positions, have no right to strike.
- (4) The rights of the employers shall be regulated by law.
Article 55: Right to Social SecurityEdit
- Every person has the right to social security. It shall be one of the duties of the State to establish, and help establish social insurance and similar social security schemes and social assistance organizations, for the purpose of ensuring this right.
Article 56: The Right to Protection, Against HungerEdit
- The State shall protect the right of everyone to be free from hunger and with this in view it shall take individually and through international co-operation the measures necessary to improve the methods of production, conservation and balanced distribution of food and to create the means for effective nutrition. For this purpose it shall fallow, disseminate and apply scientific developments. These duties of the State shall be regulated by law.
Article 57: The Right to Special ProtectionEdit
- (1) The State shall protect the widows and orphans of martyrs and of those who die in action or whilst on active list and the disabled war veterans and shall secure for them within the society a standard of living befitting them.
- (2) The State shall secure the establishment of the institutions and organisations necessary for the education, rehabilitation, employment and social assistance of the mentally and physically handicapped persons in order to enable their adapting to the society.
- (3) The State shall take all kinds of measures to protect the disabled, the war veterans, the elderly people and those unable to work, and to render children in need of care and protection useful to the society.
- (4) These rights and facilities shall be regulated by law.
Article 58: Rehabilitation of the PoorEdit
- The State shall take social, economic, financial and other measures necessary for the purpose of rehabilitating the socially and economically weak persons and rendering them useful to their families and to the society.
Article 59: Right to Education and TrainingEdit
- (1) No person shall be deprived of the right of education and training.
- (2) Every kind of educational and training activity under the supervision and control of the State shall be free.
- (3) No Educational and training centres which are contrary to the principles of contemporary science and education shall be opened.
- (4) It shall be one of the primary duties of the State to provide for the educational and training needs of the people. The state shall carry out this duty in accordance with the principles and reforms of Atatürk, within a framework embellished with national culture and moral values, and in such a planned manner, as to meet the demands of the age and of technological progress as well as the demands and the needs of the individual and the community.
- (5) Every child, irrespective of sex, shall have the right to compulsory education until the age of fifteen and to free education until the age of eighteen.
- (6) The State shall take the necessary measures for bringing up children, who, owing to their circumstances, are in need of special training or education within or outside a school, in such a way as to render them useful to the society.
- (7) The State shall give the necessary assistance, through scholarships or otherwise, for the purpose of enabling successful pupils who lack financial means to receive the highest level of education.
Article 60: Protection of YouthEdit
- The State shall ensure that the youth shall grow up and mature as intelligent, healthy, good charactered and useful citizens.
Article 61: Promotion of SportsEdit
- The State shall take measures for the improvement of physical and mental health of citizens of all age and for bringing sports within the reach of the masses; it shall provide the necessary installations for sports and shall protect the successful athletes.
Article 62: Protection of Arts, Artists and Cultural RightsEdit
- (1) The State shall create the conditions necessary to enable the development of art freely; it shall take measures for the protection, support and encouragement of the artists and for rewarding them.
- (2) The State shall protect the right of every person to take part in cultural life; to enjoy the benefits of scientific progress and its applications; to benefit from the material and spiritual interests resulting from the protection of any scientific, literary or artistic production and shall ensure that due respect is shown to freedom indispensable for scientific research and creative activity.
Article 63: Promotion of Co-operative ActivitiesEdit
- The State shall take the measures necessary for the promotion of co-operative activities and shall regulate by law the functioning of co-operatives in accordance with democratic principles.
Article 64: Protection of Agriculture and FarmersEdit
- (1) The State shall take the necessary measures for the adequate nourishment of the citizens and for the increase of agricultural production in conformity with the interest of the community, for the prevention of soil erosion and for the protection of the price of agricultural products and appreciation of the labour of those engaged in agriculture.
- (2) The State shall facilitate the acquisition by farmers of agricultural implements.
- (3) The protection of persons engaged in agriculture against acts of God shall be regulated by law.
Article 65: Protection of ConsumersEdit
- The State shall take protective and enlightening measures for the consumers. It shall encourage consumers to take steps protecting themselves.
Article 66: The Limit of the Economic and Social Duties of the StateEdit
- The State shall cary out its duties for attaining the economic and social aims specified in this Constitution in so far as economic development and financial resources permit.
Chapter IV-POLITICAL RIGHTS AND DUTIESEdit
Article 67: CitizenshipEdit
- (1) All persons who –
- (a) acquired citizenship of the Republic of Cyprus under Annex D of the Treaty of Establishment of the 1960 Republic of Cyprus and were ordinarily resident in the Turkish Republic of Northern Cyprus on the l5th November, 1983 ;
- (b) acquired citizenship of the Turkish Federated State of Cyprus before the l5th November, 1983; shall be citizens of the Turkish Republic of Northern Cyprus.
- (2) The rights to acquire citizenship of the Turkish Republic of Northern Cyprus of Cypriots of Turkish origin, who possessed the right to acquire citizenship of the Republic of Cyprus under Annex D of the 1960 Treaty of Establishment of the Republic of Cyprus, but were not on the l5th November 1983 ordinarily resident in the Turkish Republic of Northern Cyprus, shall be reserved.
- (3) (a) The children of a father or mother who acquired the right to become citizens but died before exercising such right and the surviving spouses of such persons, may acquire citizenship of the Republic of Cyprus by application.
- (b) A child born in North Cyprus after the l5tn November 1983, whose father or mother is a citizen of the Turkish Republic of Northern Cyprus, shall be a citizen of the Turkish Republic of Northern Cyprus.
- (c) The grant of citizenship to children born in the Turkish Republic of Northern Cyprus after the l5th November 1983 of a father or mother who is not a citizen of the Turkish Republic of Northern Cyprus, shall be regulated by law in accordance with the provisions of international law.
- (4) No one shall be deprived of citizenship acquired by birth from a father or mother who is a citizen of the Turkish Republic of Northern Cyprus or a Cypriot Turk.
- (5) Citizenship shall, subject to the above provisions of this Article, be acquired under the conditions provided by law and shall be lost only in the circumstances provided by law.
The right of citizenship acquired under legal conditions before the coming into operation of this Constitution shall be reserved.
Article 68: The Right to elect, to be elected and to participate in a Public ReferendumEdit
- (1) It shall be the right and duty of every citizen who has completed the age of eighteen years to vote at elections and referendums.
- (2) Every citizen who has completed the age of 25 years shall have the right to be elected.
- In addition he must have ordinarily resided in North Cyprus for at least three years immediately preceding the elections and completed his national service.
- (3) The other qualifications for electing and being elected shall, subject to the provisions of this Constitution, be regulated by Law.
- (4) Elections and referendums shall be held in accordance with the principles of free, equal, secret, direct ballot and universal suffrage, open counting and tabulation and shall continue without interruption until the counting and tabulation are completed.
- (5) To become a candidate shall not be subject to the condition of resigning from the public service. Matters such as which public officers and under what conditions such officers can became candidates from the point of view of the security elections and of the public service, shall be regulated; by law.
- Judges, law officers, members of the armed forces and members of the police force shall not become candidates and shall not be elected unless they first resign from their posts.
- (6) In any referendum and in the presidential and general elections, national servicemen may vote at the nearest polling station to their units.
- (7) The other provisions connected with, elections and referendums and the exercise of the rights under this Article shall be regulated by law.
Article 69: The General Administration and Control of the ElectionsEdit
- (1) The elections and referendums shall be held under the general direction and control of the judicial organs.
- (2) It shall be the duty of the High Electoral Council composed of judges, to take and cause to be taken all necessary action for the orderly administration and fairness of the elections and referendums from start to end, to examine and give a final decision, during and after the election or referendum, on all irregularities, complaints and objections on matters concerning the elections and the referendums and to accept the election records of the President of the Republic and of deputies.
- (3) The establishment, functions, duties and powers of the High Electoral Council and other election councils shall be regulated by law.
- (4) Subject to the provisions of paragraph (1), special provisions may be made by law for the general administration and control of local authority elections for villages or quarters.
Article 70: The Right to form Political Parties and the Place of the Parties in Political LifeEdit
- (1) Citizens have the right to form political parties and in accordance with normal procedure to become members, or to resign from membership, of parties.
- (2) Political parties are formed without prior permission and function freely.
- (3) Political parties, whether in power or in opposition, shall be the indispensable elements of democratic political life.
- (4) Political parties shall not be entitled to take part in an election unless they are formed and become a corporate body at least ninety days before such election.
- (5) Judges, law officers, members of armed forces, members of police force, civil servants and persons under the age of eighteen years cannot form political parties or become members of political parties.
- (6) The assistance to be given by the State to political parties shall be regulated by law.
Article 71: The Principles with which Political Parties must complyEdit
- (1) The rules, programs and activities of political parties shall not violate the indivisibility or the integrity of the State together with its territory and people the human rights, the sovereignty of the people and the principles of a democratic and secular Republic and the principles of Atatürk.
- (2) Political parties shall not carry out any activities outside their rules and programs; and shall not exceed the limitations imposed by Article 12 of the Constitution.
- (3) The activities and decisions of political parties concerning their internal affairs shall not violate democratic principles.
- (4) The financial control of political parties shall be carried out by the Supreme Court sitting as the Constitutional Court.
- (5) The Attorney-General of the Republic shall, after the formation of political parties, control whether their rules and programs and the legal position of their founders are in conformity with the provisions of the Constitution and laws and shall follow up their activities.
- (6) Political parties shall not receive pecuniary assistance from foreign States and shall not participate in the decisions taken by such States against the independence and territorial integrity of the Turkish Republic of Northern Cyprus.
- (7) Political parties acting in contravention of the provisions of this Article may be permanently closed by the Supreme Court sitting as the Constitutional Court, upon the institution of an action by the Attorney-General of the Republic.
- (8) The control of the formation and activities of political parties and their closing down shall, subject to the above provisions, be regulated by Law.
- (9) The provisions of this Article shall not be interpreted or applied as preventing political parties from engaging in activities for the amendment of this Constitution in accordance with Article 162 thereof.
Article 72: Right to enter the Public ServiceEdit
- (1) Every citizen has the right to enter the public service.
- (2) No discrimination, other than the qualifications required for the post, shall be made in appointments to the public service.
Article 73: Declaration of Property OwnedEdit
- The declaration of property owned by public servants upon entry into, and during their service in, the public service shall be regulated by law. Those performing duties in the legislative and executive organs shall not be exempted from this requirement.
Article 74: National ServiceEdit
- (1) National service in the armed forces shall be the right and sacred duty of every citizen.
- (2) Conditions relating to national service shall be regulated by law.
Article 75: Duty of paying TaxEdit
- (1) Every person is liable to pay taxes according to his financial means towards meeting public expenditure.
- (2) No tax, duty or charges or similar financial burdens shall be imposed save by or under the authority of a law.
- (3) The Council of Ministers may be authorised to make amendments in the provisions relating to deductions and exemptions from taxes, duties and charges and in the rates and limits of such taxes, duties and charges, provided that such amendments shall be within the minimum and maximum limits, and in conformity with the standards and principles, specified in the law.
- (4) No financial obligations shall be imposed with retrospective effect.
Article 76: Right to petitionEdit
- (1) Every person shall have the right to make written applications, either individually or jointly with others, to the competent authorities concerning requests and complaints relating to themselves or to the public in general, and to expect that such applications are considered and decided upon expeditiously.
- Such decision, duly reasoned, shall be communicated to the person making the request or complaint within thirty days at the latest. Where any person who is aggrieved by such decision or where no such decision is communicated to the interested person within thirty days, such person may have recourse to a competent court concerning his request or complaint.
- (2) Citizens shall have the right to make applications in writing, either individually or jointly with others, to the Assembly of the Republic. The manner in which this right shall be exercised shall be regulated by law.
PART III. - THE LEGISLATUREEdit
Chapter I-ASSEMBLY OF THE REPUBLICEdit
Article 77: The Constitution of the Assembly of the RepublicEdit
- The Assembly of the Republic shall be composed of fifty deputies.
Article 78: The Duties and Powers of the Assembly of the RepublicEdit
- The duties and powers of the Assembly of the Republic shall be to enact, amend and repeal laws; to exercise control over the Council of Ministers and Ministers; to debate and approve bills concerning the budget and final accounts; to decide on the issue of currency and on the declaration of war; to approve the ratification of international agreements; to approve development plans; to decide on the grant of general and special amnesty and on the carrying out of death sentences pronounced by Courts which have became definite and to exercise the powers and perform the duties envisaged in the other Articles of the Constitution.
Article 79: Elections for the Assembly of the RepublicEdit
- (1) The elections for the Assembly of the Republic shall be held every five years.
- (2) The electoral system and principles governing it shall be regulated by law.
- (3) The powers of the Assembly which has been dissolved shall continue until a new Assembly is elected in its place.
- (4) By-elections shall be held every year on a specified date. No by-elections shall be held within the period of one year preceding the general elections.
- (5) If the holding of elections shall become impossible due to emergency reasons, the elections may be postponed for a period of one year by the Assembly of the Republic. The decision to postpone the elections shall be taken by a two third majority of the total number of members.
Article 80: The Inviolability of the Assembly of the Republic and the Internal Security and Administrative ServiceEdit
- (1) The Assembly of the Republic is inviolable. No one can restrict the freedom of the Assembly, act in a manner disturbing its peace and insult its formal personality.
- (2) The internal security and administrative services within the premises, installations, additions and land of the Assembly of the Republic shall be provided and run by the President of the Assembly of the Republic. For police and other internal security services, sufficient number of men shall be allocated to the President of the Assembly of the Republic by the authorities concerned.
Article 81: The Meetings and Procedure of the Assembly of the RepublicEdit
- (1) The meetings of the Assembly of the Republic shall be held in the Assembly’s own premises.
- (2) The Assembly of the Republic shall meet without summons at 10.00 hours on the tenth day following the publication of the results of the general elections in the Official Gazette. The eldest deputy present at the meeting shall act as the President of the Assembly and the two youngest deputies present at the meeting shall perform the duties of Clerks to the Assembly. At this meeting the deputies shall take the oath and then the Assembly shall proceed with the election of its Presidential Council. The election of the Presidential Council of the Assembly shall commence as from this date and shall be completed within ten days.
- (3) The Assembly of the Republic shall meet without summons on the first working day of the month of October every yeary and shall continue its ordinary functions until the end of the month of June.
- (4) The Assembly of the Republic shall carry out its functions in accordance, with standing orders made by it.
- The standing orders shall be so made as to enable the participation of the political party groups in all the activities of the Assembly of the Republic in proportion to the number of members in the group. The political party groups shall consist of at leas five members.
- (5) The quorum for meetings of the Assembly of the Republic shall consist of the absolute majority of the total number of its members and decisions shall, unless there is provision to the contrary in the constitution, be taken by the absolute majority votes of the members present at the meeting. In case of equality of the positive and negative votes, the subject matter of the voting shall be considered as rejected: Provided that abstentions from voting shall be deemed to denote the acceptance in advance of a decision in favour of the positive negative votes whichever is the grater.
- (6) The Assembly of the Republic ,may be summoned to an extraordinary meeting on the request of the President of the Republic, the President of the Assembly of the Republic, the Council of Ministers or on the request of at least ten deputies.
- (7) The debates in the General Meetings of the Assembly of the Republic shall be public and verbatim reports thereof shall be published in full in the bulletin of minutes of the Assembly.
- (8) The Assembly of the Republic may hold closed sessions by a decision of the General Meeting of the Assembly. The publication of the verbatim reports of such debates shall be subject to the decision of the General Meeting of the Assembly of the Republic.
- (9) The publication by any means whatsoever of the public debates held in the Assembly of the Republic shall be free of any restrictions unless a decision to the contrary is taken upon the proposal of the Presidential Council of the Assembly at the same session.
Article 82: Taking the OathEdit
- The deputies shall take the following oath before assuming their duties:
- “ I do swear upon my honour and dignity that I shall preserve the existence and independence of the State, the indivisibility of the homeland and its people and the unconditional sovereignty of the people; that I shall be bound by the principle of the supremacy of law and by the principles of a democratic secular and social State under the rule of law and the principles of Atatürk; that I shall work for the welfare and happiness of my people; that I shall not depart from the ideal that every citizen must benefit from human rights and fundamental rights and liberties, and that I shall remain loyal to the Constitution.”
Article 83: Presidential Council of the Assembly of the RepublicEdit
- (1) The Presidential Council of the Assembly of the Republic shall be composed of the President of the Assembly of the Republic, Vice-President of the Assembly of the Republic and of a sufficient number of Clerks and Administrative Officers elected from amongst the deputies.
- (2) The Presidential Council of the Assembly of the Republic shall function as a Council and shall be constituted proportionately with the number of members of the groups in the Assembly.
- (3) The election of the President and Vice-President of the Assembly shall be held twice during the term of Office of the Assembly. Those elected for the first period shall hold Office for three years and those elected for the second period shall hold office for two years.
- The elections for the President and Vice-President of the Assembly for the second period shall commence on the first day of the fourth year of the term of office of the Assembly and shall be completed in ten days, at the latest. The duties of the farmer President and Vice-President of the Assembly shall continue until the new President and Vice President for the second period shall be elected.
- (4) The election of the President and Vice-President of the Assembly shall be by secret ballot. At the first four rounds of voting an absolute majority of the total number of members shall be required. If an absolute majority of the total number of members cannot be had at the fourth round, a fifth round of voting shall be held between the two candidates receiving the greater number of votes at the fourth round of voting and the one receiving the highest votes at the fifth round shall be elected.
- (5) The provisions relating to the number, term of office and election of the Clerks and Administrative Officers shall be prescribed by the Standing Orders of the Assembly of the Republic.
Article 84: Immunity off DeputiesEdit
- (1) Deputies shall not be held responsible for their votes or statements at the meetings of the Assembly of the Republic and for repeating or disclosing these outside the Assembly.
- (2) Where it is alleged that a deputy committed an offence before or after the elections, he cannot be arrested or prosecuted without the leave of the Assembly. Such leave shall not be necessary in the case of a deputy caught in the very act of committing an offence, punishable with death or imprisonment for five years or more: Provided that the competent person shall notify forthwith the Assembly.
- (3) A sentence imposed on a deputy before or after the elections, shall not be carried out until after the end of his tern of office. The period during which a deputy remains in office shall not be reckoned for purposes of limitation of time.
Article 85: The Termination of a Deputy’s Term of OfficeEdit
- (1) The term of office of a deputy shall come to and on his death, on his final conviction of an offence preventing election, on his resignation, on his becoming disqualified, on his acceptance of a duty not compatible with the office of a deputy and on his failure to attend the meetings of the Assembly for a period of one month without any excuse or leave.
- (2) The termination of the term of office of a deputy shall be decided upon by the General Meeting of the Assembly of the Republic.
Article 86: Duties not compatible with the Office of a DeputyEdit
- (1) Deputies shall not accept employment in the State of public establishments in the capacity of public servant or other public personnel and shall not undertake, directly or indirectly, any business engagements of the State or of public establishments.
- (2) Other duties and functions not compatible with the office of a deputy shall be related by law.
Article 87: Rumination of DeputiesEdit
- (1) The salaries, representation and cost of living allowances and travelling expenses of the deputies shall be regulated by law. The monthly amount of the salary shall be equal to the monthly amount of salary drawn by the highest ranking public officer. The total sum of traveling expenses and representation allowances shall not exceed one-half of the total annual salary.
- (2) An additional allowance, as shall be prescribed by law, shall be paid to the President and members of the Presidential Council of the Assembly of the Republic.
Article 88: Holding of New Elections for the Assembly of the RepublicEdit
- (1) The Assembly of the Republic may decide on its dissolution and holding of new general elections by an absolute majority vote of the total number of its members. Abstentions and null and void votes shall be taken into account only for purposes of the quorum of a meeting; they shall not be take into consideration for purposes of reckoning the votes required for the taking; of a decision.
- (2) If it is not possible to appoint a Council of Ministers having the support of the majority of the Assembly of the Republic in conformity with paragraph (2) of Article 106 of this Constitution within a period of sixty days, the President of the, Republic may decide to dissolve: the Assembly and hold new elections for the Assembly.
- (3) If the Council of Ministers falls or is forced to fall three times within a year for failing to receive a vote of confidence or as a resut of a vote of no confidence, under Article 109 of this Constitution, the President of the Republic may decide to hold new elections for the Assembly.
- (4) The President of the Republic may, if he considers it necessary, have; recourse to a referendum before deciding to hold new elections for the; Assembly under paragraphs (2)and (3) of this Article.
- (5) The President of the Republic, when deciding to hold new elections or to have recourse to a referendum, shall obtain the views of the President of the Assembly of the Republic, the Council of Ministers and of the Chairmen of political parties having a group in the Assembly of the Republic.
Chapter II-ENACTMENT OF LAWSEdit
Article 89: General Provisions relating to the Enactment of Laws and taking of DecisionsEdit
- (1) The Council of Ministers and the deputies shall be entitled to introduce bills and resolutions.
- The method and principles governing the debate in the Assembly of the Republic of bills and draft resolutions shall be regulated by Standing Orders.
- (2) The manner in which bills and draft resolutions shall be brought to the notice of the public shall be regulated by Standing Orders.
Article 90: The Ratification of International AgreementsEdit
- (1) The ratification of agreements to be entered into on behalf of the Turkish Republic of Northern Cyprus with foreign States or international organisations shall be subject to the approval of the Assembly of the Republic through the enactment of a law.
- (2) Treaties regulating economic, commercial and technical relations, the duration of which does not exceed one year, may be put into effect through publication, provided that such treaties do not impose any burden on the State finances and do not affect the personal status and the citizen's right of ownership in foreign countries. In such cases, the treaties shall be brought to the knowledge of the Assembly of the Republic within one month of their publication.
- (3) It shall not be necessary for treaties of application based on an international treaty and for economic, commercial, technical or administrative treaties made pursuant to powers given by law, to be ratified by the Assembly of the Republic; but such economic and commercial treaties so made and treaties affecting personal rights shall not come into force before publication.
- (4) The provisions of paragraph (1) of this Article shall be applied in the case of all treaties which bring a change in the laws of the Turkish Republic of Northern Cyprus.
- (5) International treaties which have been duly put into operation shall have the force of law. Recourse cannot be had to the Supreme Court sitting as the Constitutional Court in respect of such treaties on the grounds of unconstitutionality.
Article 91: Declaration of State of War and permission to use the Armed ForcesEdit
- (1) The power to permit declaration of a sate of war in circumstances considered legitimate by international law and the sending of the armed forces to foreign countries or bringing the armed forces of foreign countries to the Turkish Republic of Northern Cyprus in circumstances other than those necessitated by international treaties to which the Turkish Republic of Northern Cyprus is a party or by the rules of etiquette is vested in the Assembly of the Republic.
- (2) In cases where the county faces a sudden armed attack and die to the impossibility of summoning a meeting of the Assembly of the Republic it becomes unavoidable that immediate decision should be taken on the use of armed force, the President of the Republic, too, shall have power to decide at the time of the attack on the use of armed force. The President of the Republic shall immediately bring his decision to the knowledge of the Assembly of the Republic. The Assembly of the Republic shall convene a meeting at the first opportunity and take the necessary decisions on the matter.
Article 92: The Preparation, Application, Debating and Acceptance of the BudgetEdit
- (1) The expenditure of the State and of Public Corporate Bodies, other than the Public Utility Enterprises, shall be provided for by annual budgets.
- (2) The provisions governing the preparation and application of the budget shall be regulated by law.
- (3) No previsions other than those relating to the budget shall be included in the Budget Law.
- (4) The draft budget shall be submitted by the Council of Ministers to the Assembly of the Republic at least two months before the beginning of the; financial year.
- (5) The Budget Committee shall complete its work on the budget within one month, at the latest.
- (6) The deputies cannot propose any increase of expenditure or any decrease in revenue, during the debate of the draft budget at the general meeting of the Assembly of the Republic.
- (7) The President of the Republic shall promulgate the Budget Law enacted by the Assembly of the Republic, by publishing it in the Official Gazette of the Republic within ten days.
Article 93: Final AccountsEdit
- The bills for final accounts shall, unless a shorter period has been provided in the law, be submitted by the Council of Ministers to the Assembly of the Republic within one year from the end of the financial year to which they relate, at the latest. The Court of Audit shall submit its notification of general approval to the Assembly of the Republic within a period of six months, at the latest, from the date of the submission of the bill of final accounts to which it relates.
Article 94: Promulgation of Laws by the President of the RepublicEdit
- (1) The President of the Republic shall promulgate the Laws enacted by the Assembly of the Republic by publishing them in the Official Gazette of the Republic within fifteen days. He shall return any law which he does not consider proper to promulgate, together with the reasons therefore, to the Assembly for reconsideration within the said period of fifteen days.
- (2) If the Assembly of the Republic approves the law returned, by an absolute majority of the total number of its members, either after amending it or as it is the law shall be promulgated by the President of the Republic. Abstentions shall not be taken into account for purposes of reckoning the votes required for the taking of a decision.
- (3) The President of the Republic shall, at the request of the Council of Ministers, refer any law enacted by the Assembly of the Republic to a referendum within the period prescribed for promulgation. The laws approved by referendum shall be promulgated by publishing them in the Official Gazette within ten days of their such acceptance.
- (4) The President of the Republic may exercise the authority vested in him under Article 146 within the period of fifteen days. In such a case the provisions of Article 146 shall be applied.
Article 95: The Publication of DecisionsEdit
- (1) The decisions to be taken by the Assembly of the Republic on the following matters shall, unless there is provision to the contrary in the decision, come into operation immediately and shall be published by the President of the Assembly in the Official Gazette within ten days:
- (a) Decisions relating to declaration of war;
- (b) Decisions relating to the control of the Council of Ministers and Ministers and to votes of confidence and to votes of no confidence;
- (c) Decisions relating to the holding of new elections and to the postponement of elections;
- (d) Decisions relating to the termination of the Office of a, deputy;
- (e) Decisions relating to the removal of the immunity of a deputy;
- (f) Results of elections held for internal matters of the Assembly;
- (g) Decisions to prefer charges against the President of the Republic the Prime Minister and the Ministers before the Council of State (Yüce Divan);
- (h) Decisions relating to the control of public utility enterprises;
- (i) Decisions relating to a state of emergency and martial law;
- (j) Decisions relating to the approval of development plans.
- (2) Decisions of a general nature of the Assembly of the Republic which do not came under paragraph (1) of this Article shall be dealt with in accordance with the provisions governing the promulgation of laws.
- (3) Decisions relating to the application of the Standing Orders of the Assembly of the Republic and to the Assembly's internal organization and activities which the Assembly decides should be published, shall be published by the President of the Assembly in accordance with paragraph (1) above.
- (4) No recourse shall be had to the Courts and no annulment suit shall be instituted before the Constitutional Court in respect of decisions other than those referred to under sub-paragraphs (d), (e) and (i) of paragraph (1) above.
Chapter III-METHODS OF OBTAINING INFORMATION AND EXERCISING CONTROL BY THE ASSEMBLY OF THE REPUBLICEdit
Article 96: Power of obtaining Information and exercising Control in GeneralEdit
- The Assembly of the Republic shall have power to table questions, to hold a general debate or an enquiry or an investigation or to take a vote of confidence.
Article 97: Tabling of Questions and holding of a General DebateEdit
- (1) Tabling of a question means asking information on a specific subject from the Prime Minister or Ministers which shall be furnished orally or in writing on behalf of the Council of Ministers. The Prime Minister or Ministers shall furnish a reply to the question tabled within thirty days, at the latest.
- (2) General debate means a debate held on a specific subject upon the proposal of a deputy and its acceptance by the Assembly of the Republic. No voting is taken at the end of a general debate.
Article 98: Enquiry or InvestigationEdit
- (1) An Assembly enquiry is an examination carried out for the purpose of obtaining information on a specific subject.
- (2) (a) Requests for an investigation involving the Prime Minister or Ministers shall be signed by at least nine deputies.
- (b)Requests for an investigation shall be debated and decided upon at the Assembly of the Republic.
- (c)Investigations shall be conducted by a special committee consisting of deputies.
- (d)The Assembly of the Republic may, after debating the report of the Committee of Investigation, accuse the Prime Minister or the Ministers by a decision to be taken by at least two-thirds af the total number of members.
- (e)The Prime Minister and Ministers shall be tried by the Council of State (Yüce Divan).
- (f)No discussions shall be held or decisions taken at political party groups in the Assembly in connection with Assembly investigations.
- (3) The Committees of Enquiry and investigation of the Assembly of the Republic shall have authority to examine any document relating to the enquiry or investigation, to obtain information and to call and examine witnesses.
- The sanctions to be applied against persons who shall refuse to furnish the information and documents required by the Committees of Enquiry and Investigation or to obey the calls made by these Committees and other relevant principles shall be regulated by law.
PART IV. - THE EXECUTIVEEdit
Chapter I-PRESIDENT OF THE REPUBLICEdit
Chapter II-COUNCIL OF MINISTEREdit
Chapter III-THE ADMINISTRATIVE PROVISIONSEdit
Chapter IV- STATE OF EMERGENCYEdit
Chapter V- ORGANIZATIONSEdit
Chapter VI-ECONOMIC AND FINANCIAL PROVISIONSEdit
PART V. - THE JUDICIARYEdit
Chapter I-GENERAL PROVISIONSEdit
Chapter II-SUPREME COURTEdit
Chapter III- DUTIES AND POWERS OF THE CONSTITUTIONAL COURTEdit
Chapter IV- DUTIES AND POWERS OF THE SUPREME COURT SITTING AS THE COURT OF APPEALEdit
Chapter V- DUTIES AND POWERS OF THE SUPREME COURT SITTING AS THE HIGH ADMINISTRATIVE COURTEdit
Chapter VI-OTHER DUTIES AND POWERS OF THE SUPREME COURTEdit
Chapter VII-SUBORDINATE COURTSEdit
Chapter VIII-MILITARY JUDICIAL POWER AND MILITARY COURT OF APPEALEdit
Chapter IX-THE ATTORNEY GENERAL'S OFFICEEdit
PART VI. - MISCELLANEOUS PROVISIONSEdit
Article 159: Right of the State to OwnershipEdit
- (1) All immovable properties, situated within the boundaries of the Turkish Republic of Northern Cyprus on l5th November 1983, which are also
- (a) immovable properties registered in the name of the Government of Cyprus before the l6th of August 1960 and all immovable properties transferred to the Government of Cyprus after the l6th of August 1960 ; roads, waters, water resources, ports, harbours and shores, docks and piers, lakes, riverbeds, and lakebeds, historical cities, buildings, remains and castles and the sites thereof, natural wealths and underground resources, forests, defence buildings and installations, green areas and parks belonging to the public ; public village roads and pathways in the fields ; and buildings used for public services ;
- (b)immovable properties, buildings and installations which were found abandoned on l3th February, 1975 when the Turkish Federated State of Cyprus was proclaimed or which were considered by law as abandoned or ownerless after the abovementionad date, or which should have been in the possesion or control of the public even though their ownership had not yet been determined ; and
- (c)immovable properties found within the area of military installations, docks, camps and other training grounds specified in the 1960 Treaty of Establishment and its Annexes,
- shall be the property of the Turkish Republic of Northern Cyprus notwithstanding the fact that they are not so registered in the books of the Land Registry Office ; and the Land Registry Office records shall be amended accordingly.
- (2)Notwithstanding any other provisions of this Constitution, the ownership of the immovable properties specified in sub-paragraphs (a) and (c) of paragraph (1) above shall not be transferred to real and legal persons. Provided that the making of the necessary adjustment by the State to public roads and to public village roads and field pathways is exempted from the above provision.
- Easements and other similar rights for specified periods and long term leases over such immovable properties may be established and registered in the manner and under the conditions prescribed by law for purposes of public interest.
- The establishment and registration of such rights, the period of which exceeds fifty years, shall be subject to the approval of the Assembly of the Republic.
- (3)Out of the properties specified in subparagraph (b) of paragraph (1) above, the transfer of the right of ownership to real and legal persons of immovable properties other than forests, green areas, monuments and parking places, waters, underground waters, natural resources and buildings, installations and sites required for defence, public administration and military purposes and those required for purposes of town and country planning and soil conservation, shall be regulated by law.
- (4)In the event of any person coming forward and claiming legal rights in connection with the immovable properties included in subparagraphs (b) and (c) of paragraph (1) above, the necessary procedure and conditions to be complied with by such persons for proving their rights and the basis on which compensation shall be paid to them, shall be regulated by law.
- (5)Places of religious worship and the immovable properties in which they are situated shall not be transferred to real and legal persons. The State shall take the necessary measures for the safeguard, maintenance and preservation of such places and, properties.
Article 160: Reserving the Rights of Public OfficersEdit
- (1) Any person who, immediately before the date of the coming, into operation of this Constitution, holds an office in the public service shall, after that date, be entitled to the same terms and conditions of service as were applicable to him before that date. Those terms and conditions shall not be altered to his disadvantage on the date of the coming, into operation of this Constitution or thereafter during the period he shall be a public office, or of the Turkish Republic of Northern Cyprus.
Public officers referred to in this Article shall continue in office without new appointments being necessary.
- (2) For purposes of this Article "public officer" includes any person who immediately before the coming into operation of this Constitution held any office in the public service of the Turkish Republic of Northern Cyprus and any person described as other public personnel by this Constitution.
- (3) For purposes of this Article " terms and conditions of service " includes remuneration, leave, dismissal, termination of service, pension, gratuity and similar rights prescribed under legislation in force on the date of the coming into operation of this Constitution.
Article 161: The Official Gazette of the RepublicEdit
- (1) The laws, rules, regulations and other subsidiary legislation and notices, notifications and similar public instruments prescribed by law, shall be published in the Official Gazette printed at the State Printing Office under the supervision of the Prime Minister's Office.
- (2) The administration of the Official Gazette, its form an conditions and the manner in which it shall be published and distributed and other matters, shall be regulated by law.
- (3)The legislation and other public instruments specified in paragraph (1) above shall not come into force unless published in the Official Gazette.
PART VII. - TRANSITIONAL PROVISIONSEdit
Transitional Article 1: Safeguarding of the RightsEdit
- (1) The necessary social, economic, financial and other measures, including compensation, for the protection of the citizens who have emigrated or sustained, directly or indirectly, any loss because of the national resistance of the Turkish Community or during such resistance, shall be regulated by law.
- (2) The right of the citizens of the Turkish Republic of Northern Cyprus to ask for immovable property of equal value, from the State, in return for their immovable properties left in Cyprus outside the boundaries of the State, shall be reserved; such right shall be regulated by law and the transfer of ownership of the immovable properties included in paragraph (2) of Article 159 of this Constitution to the persons entitled shall be effected with priority. Property shall also be granted to the martyrs and to disabled veterans and to those other persons entitled to .the grant of property for other reasons specified in the law.
- (3) The State shall take the necessary social, economic, financial and other measures for the rehabilitation of the refugees under equal status and for rendering them useful to themselves, to their families and to the community; the State shall give the necessary assistance until such rehabilitation is realized.
- (4)The rights of the Turkish citizens of the Turkish Republic of Northern Cyprus to claim compensation for loss of income or damage sustained by them as a result of the movable and immovable properties which they were obliged to abandon, shall be reserved. Such rights shall be regulated by law.
- (5) Subject to compliance with the requirement for giving priority to the grant of immovable property of equal value, the transactions relating to the transfer of property rights with regard to immovable properties, to entitled persons, shall; be completed within a period of five years, at the latest, as from the date of the coming into operation of this Constitution.
Transitional Article 2: Evaluation of Rights and ObligationsEdit
The income or the annual rents of the movable and immovable properties held by citizens who have become entitled persons under the provisions of the Transitional Article 1, shall be objectively calculated as from the date when they came into possession of such properties and deducted from their entitlements as specified, or to be specified, by law should the latter be more. On completion of this transaction, the State shall pay any balance that may be due to the persons entitled; and if any entitled persons are found to owe money to the State, they shall pay their debts to the State within a reasonable period.
Transitional Article 3: Forest LandsEdit
- (1) Notwithstanding the provisions of paragraph (2) of Article 159 of this Constitution, the property rights on State lands known as " forest land " situated in areas of Minor State Forests and used as agricultural land since 1st January, 1955, may be transferred to the actual possessors of such lands.
- For the purposes of this paragraph, "actual possessor " means the person who turned the immovable property into an agricultural land and who has continued to utalize it as from 1st January, 1955 and includes the legal heirs of such persons and the person who has taken over from such heirs. The application of this paragraph shall be regulated by law.
- (2) The future of the State lands included in the category specified in paragraph (1) which were until 20th July 1974, in the actual possession of persons who were not members of the Turkish Cypriot Community, shall be regulated by law.
Transitional Article 4: Validity of the Existing Legislation and the Allegation of Inconsistency of such Legislation with the ConstitutionEdit
- (1) The legislation in force on the date of the coming into operation of this Constitution shall continue to be in force, in so far as such legislation is not contrary to or inconsistent with the provisions of this Constitution.
- (2) Resolution No. 50 of the Assembly of the Turkish Federated State of Cyprus dated the 15th November 1983 which approved the establishment of the Turkish Republic of Northern Cyprus and the text of the Declaration of Independence shall also continue to be in force in so far as it is not contrary to or inconsistent with the provisions of this Constitution.
- (3) The persons, associations and institutions specified in Article 147 of this Constitution may initiate an annulment suit in the Constitutional Court in respect of the legislation in force on the allegation that such legislation is contrary to or inconsistent with this Constitution. The right to initiate such annulment suit shall lapse at the end of a period or sixty days commencing as from the date of assumption of duty by the Assembly of the Republic.
- (4) Legislation deemed to have remained in force under this, Article shall not be treated as legislation having the force of or possesing the quality of the Constitution and may, according to its nature, be annulled, amended or repealed by any law or by the decision of any organ authorised by this Constitution.
Transitional Article 5: Elections for the Assembly of the RepublicEdit
Elections for the Assembly of the Republic shall be held on a date to be decided upon by the Constituent Assembly of the Turkish Republic of Northern Cyprus after this Constitution is accepted at a referendum and put into operation by publication in the Official Gazette. Such date shall be the polling day from the point of view of electoral proceedings. The dates of other electoral proceedings shall be fixed by the High Electoral Council.
Transitional Article 6: Election of the President of the Republic and the Termination of Office of the Former President of the RepublicEdit
The first elections for the Presidency of the Republic under this Constitution, shall be held on the same day and together with the elections for the Assembly of the Republic and the elected President of the Republic shall take office after taking the oath before the Assembly on the next day following the day or which the Assembly of the Republic meet; and takes over its duties. The office of the former President of the Republic shall come to an end at the same time as the elected President of the Republic takes office. Provided that, the Constituent Assembly may, where the circumstances so•require, decide on the holding of the elections for the Presidency of the Republic on a different day.
Transitional Article 7: Termination of the Legal Existence of the Constituent AssemblyEdit
Upon the meeting of the Assembly of the Republic established in accordance with this Constitution, the legal existence of the Constituent Assembly constituted under Decision No. 3 of the Assembly dated 2nd December 1983 shall come to an end and the Constituent Assembly shall be automatically dissolved.
Transitional Article 8: Temporary Standing OrderEdit
The provisions of the Standing Orders of the Assembly of the Turkish Federated State of Cyprus which are not contrary to or inconsistent with this Constitution, shall continue to apply until, new Standing Orders regulating the meetings and functions of the Assembly of the Republic set up under this Constitution, are made.
Transitional Article 9: The Position of the Council of MinistersEdit
Upon the formation, by the President of the Republic of the new Council of Ministers in accordance with Article 106 of this Constitution, the term of office of the present Council of Ministers shall automatically come to an end.
Transitional Article 10: Defence and CooperationEdit
The provisions of Article 117 of this Constitution shall not come into force as long as the defence and internal security of the Turkish people of Cyprus and the international situation so necessitate. All forces used in, providing the external and internal security on the date of the coming into operation of the Constitution, shall continue to be so used, and the procedure and provisions being implemented regarding such forces and the bases of cooperation accepted and to be accepted in respect of these matters shall continue to be implemented.
Transitional Article 11: Position of the Organs, Institutions and Councils Accepted by the ConstitutionEdit
Until the laws relating to the establishment and functions of the new organs, institutions and councils accepted by this Constitution are enacted by the Assembly of the Republic and put into force, the provisions of the existing legislation on these matters shall continue to be applied and the existing organs, institutions and councils shall continue with their duties.
Transitional Article 12: Publication of the Text of the ConstitutionEdit
The text of this Constitution shall be published in the Official Gazette within ten days from the date of its approval by the Constituent Assembly.
Transitional Article 13: Commutation of Death Sentences to Life ImprisonmentEdit
Death sentences provided for offences necessitating a death sentence in the legislation in force, excluding the death sentences provided in paragraph (2) of Article 15 of this Constitution, shall be altered to life imprisonment as from the date of the coming into operation of this Constitution.
PART VIII. - FINAL PROVISIONSEdit
Article 162: Amendment of the ConstitutionEdit
- (1) The, provisions of this Constitution may be, amended, partially or wholly, only by a proposal made by at least ten members of the Assembly of the Republic and by the approval of the proposal by a two third majority of the total number of the members of the Assembly. The provisions of Article 9 of this Constitution are reserved.
- (2) The debating of the proposals made in connection with the amendment of the Constitution and the acceptance of such proposals shall, without prejudice to the conditions set out in paragraph (1), be subject to the provisions relating to the debate and acceptance of laws.
- Provided that amendment proposals shall not be debated before the lapse of thirty days as from the date of the submission of the proposal.
- (3) The amendments to the Constitution, if accepted by a referendum, shall come into force upon publication in the Official Gazette by the President of the Republic within ten days of such referendum.
Article 163: The PreambleEdit
The preamble which specifies the communal struggle and the basic views and principles on which this Constitution is based, shall be considered as part of the text of this Constitution.