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Retired Brigadier General Osman Aydoğan wrote a small informative article about the EMASYA-centered discussions:
Earthquake, EMASYA and DAFYAR
February 16, 2023
The most debated topic on the agenda due to the earthquake is the EMASYA protocol. The EMASYA protocol, whose full name is an abbreviation of the phrase "Security-Military Assistance", was an arrangement for the military to intervene in social incidents in cases where the security forces were not sufficient.
EMASYA protocol
The EMASYA protocol was signed between the Ministry of Interior and the General Staff on July 7, 1997. Under the 27-article protocol, EMASYA Regional and Secondary Regional Commands were established. The AKP abolished the EMASYA protocol on February 4, 2010.
This is all the brief information I can give about the EMASYA protocol... This protocol does not include the deployment of the Turkish Armed Forces in case of an earthquake or a natural disaster! And it wouldn't... Even the name of the protocol is EMASYA, meaning "Security, Public Order and Assistance" protocol... As I mentioned in the introduction, it was an arrangement for the military to intervene in social incidents when the security forces were not sufficient.
But in this earthquake disaster, everyone who knows or doesn't know is talking about the EMASYA protocol... According to these discussants, if the EMASYA protocol had not been abolished, the TSK would have intervened immediately in the earthquake zone on its own!... However, the EMASYA protocol has nothing to do with the earthquake and the use of the TSK in earthquakes...
Truth
Kazım Karabekir's daughter Hayat Karabekir Feyzioğlu, speaking at a commemoration ceremony held at the General Staff Headquarters, said: "My father had a saying that I often feel the need to repeat: 'Citizen, misinformation is a source of disaster. Seek and learn the truth of every matter first! Then debate it as you wish! The first is based on your conscience, the second on your character and wisdom."
That's what I do: I first seek the truth of the matter...
To find out the truth, we need to take a look at an existing law:
Law No. 7269
''Law on Measures to be Taken and Assistance to be Provided in Case of Disasters Affecting Public Life'', Law No: 7269, Date of Adoption: 15/5/1959, Published in the Official Gazette: 25/5/1959 Number: 10213
In line with this law, the "Regulation on Disaster and Emergency Response Services" was finally put into force by the CB on February 23, 2022 and some regulations were made regarding the "Disaster and Emergency Management Presidency" to be established by the governorships within the scope of this law.
According to Article 1 of this law: (The article is long, I am taking the relevant part)
Article 1 - (Amended: 2/7/1968-1051/1 Art.) (Amended first paragraph: 27/12/1993-3956/1 Art.) In the event of earthquake (earthquake), fire, flood, landslide, rock fall, avalanche, avulsion and similar disasters; ... the governor of the region where the disaster occurs is authorized to take the urgent measures required to be taken in accordance with this law in case of the occurrence of the disaster.
According to Article 7 of this law:
Obligations: Article 7 - The commanders of the army, gendarmerie, corps, units and institutions in or around the disaster areas are obliged to render the assistance requested by the governor without waiting for orders from their superiors.
There are many more articles in the law. However, these are the relevant sections of the law.
In other words, according to this law, the authority responsible for taking measures against disasters is the governor. TAF units are also obliged to provide the assistance requested by the governor without waiting for orders from their superiors.
TAF Internal Service Law No. 211
The TAF Internal Service Law No. 211 dated 4/1/1961 also refers to this law and assigns duties to the TAF: "Article 112 of the Internal Service Law - In case of earthquake, fire, flood, landslide, rock fall, avalanche and similar natural disasters, action shall be taken in accordance with the provisions of Law No. 7269 and its annexes.
In other words, according to the Internal Service Law, in the event of a disaster such as an earthquake, TAF units must respond immediately to the governors' request for assistance without waiting for orders from their superiors. .
TAF Natural Disaster Relief Operation (DAFYAR) Directive.
Law No. 7269 on Measures to be Taken and Assistance to be Provided in the Event of Disasters Affecting Public Life and TAF Internal Service Law No. 211 assign such a duty to the TAF, and the TAF prepares a directive: ''TAF Natural Disaster Relief Operation (DAFYAR) Directive. This directive is updated over the years according to the capabilities and needs of the TAF. This directive was last updated in 2000.
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In line with this directive, all units of the Turkish Armed Forces prepare a DAFYAR plan, and their units are equipped and trained according to this plan.
For example, for an earthquake, a military unit forms and trains units such as Search and Rescue Team, Security Team, Resettlement Team, Food Team, Health Team. For example, the Resettlement Team is divided into Tent Team, Toilet Team, Bathroom Team. The military unit plans, trains and drills for these missions... In this way, the military unit plans, trains, drills and is ready for its mission at any moment...
Duty of governors
Law No. 7269 on Measures to be Taken and Assistance to be Provided in Case of Disasters Affecting Public Life assigns the governor of the region where the disaster occurs to take the urgent measures required to be taken in accordance with this law in the event of a disaster and orders the establishment of a "Disaster and Emergency Management Presidency" within the governorship. According to the law, the governor is the chairman of the Board, which is called the "Disaster and Emergency Coordination Board" in the regulation. The Garrison Commander also takes part in this board. Natural disaster response plans must be made through this board. According to these plans, trainings and drills must be conducted.
Military units must make their own plans in accordance with these plans. Military units should also carry out their training and exercises in line with this plan. Military units must act without delay and without waiting for orders from their superiors during disasters...
To summarize; Law No. 7269, without interpretation, clearly and unambiguously orders governors to make a plan for these disaster situations, to make preparations in line with this plan, to plan who, where and what to do in the event of a disaster within the framework of this plan and preparation, and to call military units to help in case of need... There is a legal definition in Roman law: "If the provision is clear, it cannot be interpreted"... Law No. 7269 gives this duty to the governors in a clear and unambiguous manner, without interpretation... The words "AFAD will provide the coordination of aid", which are widely spoken in front of the cameras, have no validity in the face of this law. This law is still in force and it assigns the execution, coordination and responsibility for aid in the event of a disaster to the governor of the province... This discourse is one of the biggest reasons for the chaos in the earthquake zone...
Problems
On February 06, 2023, Turkiye experienced the biggest earthquake disaster of the century in ten provinces. There is no need to repeat the problems experienced here. We have all seen and are still experiencing them. If we look at the part of the problem that is relevant to our subject, in the earthquake, around 12,000 (twelve thousand) buildings in ten provinces collapsed, and only on the second day of the earthquake did the Minister of Defense announce that they had deployed 3,000 (three thousand) soldiers to the earthquake zone...
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TAF
The Turkish Armed Forces is one of the most powerful armies in the world. It can be said that TAF's fleet of transport helicopters is the largest in the world after the USA. It can be said that TAF's fleet of transport aircraft is the largest fleet of transport aircraft in the world after the USA. It can be said that TAF's tank carrier fleet (for the purpose of carrying construction equipment) is the largest tank carrier fleet in the world after the USA. TAF has both the largest capacity and the greatest experience in field tents, field toilets, field bathrooms and field kitchens. The TAF is among the world's leading armies in terms of vehicles, equipment, organization, communication, discipline and management power. There is no other institution in Turkiye as strong and organized as the TAF...
Question
The questions are many. However, the following question should be asked: Why is it that the Turkish Armed Forces, which has such a great capacity and power, is not called upon by the governors to help and be on duty in the event of such a major disaster, despite the explicit order of Law No. 7269? Why was the TAF not utilized to its full capacity in the first three days of the earthquake and still today? Won't the Public Prosecutors open an investigation ex officio due to the fact that thousands of people were left under the ruins in need of help, thousands of people were left to die, and thousands of people who survived the earthquake were left without help in the first days of the earthquake due to mistakes, negligence and deficiencies in this matter?
''The Republic of Turkiye ...... is a state of law.'' (Turkish Constitution, Art. 2)
Arz ederim,
Osman AYDOĞAN