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Human rights derogation during coup situations

2017/08/17 by Ignatius Yordan Nugraha · 1 citation
Social Sciences · #International Law and Human Rights #Post-Soviet Geopolitical Dynamics #European and International Law Studies

paper · pdf · doi:10.1080/13642987.2017.1359551

openalex publication_date 2017/08/17 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/02

Abstract

After the failure of the abortive coup in 2016, Turkey announced that it would derogate from the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) during the pronounced state of emergency. While the derogation was claimed to be necessary to eliminate the remaining hostile factions, a sweeping purge followed and human rights organisations have raised concerns over the deteriorating situation. This evokes the question of whether human rights can actually be derogated or suspended during coup situations. This article will analyse whether coup d’état can be regarded as ‘an emergency that threatens the life of a nation’ under Article 4(1) of the ICCPR and Article 15 of the ECHR. Moreover, this article will assess whether a coup could also be invoked to suspend the American Convention on Human Rights and the African Charter on Human and People’s Rights.

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