🔹 INTRODUCTION
The military coup of May 27, 1960 — the first intervention to suspend the constitutional order in the history of the Republic of Turkey — not only overthrew the political authority of the time but also directly violated the rights to liberty, dignity, and even life of many individuals. Prime Minister Adnan Menderes and numerous politicians, public officials, and civilians were subjected to unlawful trials; some were executed, while others were sentenced to long-term imprisonment.
This article examines the available legal avenues for material and moral compensation for the victims of May 27 and their legal heirs, within the framework of fundamental principles of Turkish law.
🔹 1. The May 27 Coup and Legal Violations
The trials conducted by the Supreme Court of Justice established after the coup have been widely regarded as illegitimate due to their disregard for fundamental legal principles, the right to a fair trial, and the presumption of innocence. The accused were not granted adequate defense rights, and decisions were allegedly made under political vengeance.
This situation has rendered the legality of the death sentences and heavy prison terms imposed by the coup regime highly questionable.
🔹 2. Legal Grounds for Compensation Claims
Persons directly harmed by the coup or, if deceased, their legal heirs, may seek material and/or moral compensation based on the following legal grounds:
📌 a. Constitution
- Article 17: The right to life and to protect one’s material and moral existence.
- Article 40: Guarantees state compensation for individuals whose fundamental rights and freedoms have been violated.
📌 b. Turkish Code of Obligations - Article 49: Anyone who unlawfully causes harm to another (in this case, the state) is liable to compensate for that harm.
- Article 58: Anyone whose personal rights are violated may claim moral damages.
📌 c. Human Rights Law - Under the European Convention on Human Rights, violations of the right to a fair trial (Article 6) and the right to life (Article 2) are evident.
- Since Turkey is a party to the Convention, victims and their heirs may apply to the European Court of Human Rights (ECHR), although domestic remedies and constitutional avenues must be exhausted if the filing deadline has passed.
🔹 3. Can Compensation Lawsuits Be Filed?
Yes. The possibility of retrial or legal nullification of these proceedings has been increasingly supported by parliamentary decisions and public sensitivity in recent years. Within this scope:
- Moral damages may be claimed for severe violations of personal rights.
- Material damages may be sought due to unjust imprisonment, confiscation of property, or dismissal from public office.
- Heirs have the right to claim damages on behalf of deceased victims.
Especially since 2020, special laws and symbolic restitutions enacted by the Turkish Grand National Assembly (TBMM) have strengthened the legal grounds for such claims.
🔹 4. Statute of Limitations
While tort claims are generally subject to 2- and 10-year statutes of limitations, in cases involving grave human rights violations such as May 27, the statute of limitations defense is not considered legally valid. The Constitutional Court and Court of Cassation have adopted the “continuing violation” principle, thereby removing barriers to compensation claims.
🔹 CONCLUSION
The May 27, 1960 coup has left a painful legacy not only in political history but also in the undermining of the rule of law. Victims and their heirs have the right to seek compensation under the Turkish legal system.
The State’s responsibility to redress these grievances is not only a legal obligation but also a historical moral duty.
Individuals or families considering such legal action should seek assistance from an experienced attorney and substantiate their claims with archival documents, court decisions, and official records.
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