CCPR/C/125/D/2980/2017 was 13 days (Mr. Özçelik) and 17 days (Mr. Karaman) after their arrest. In addition, they have not been allowed access to their case files and have only been brought before a judge once. State party’s observations on admissibility 4.1 In a note verbale dated 19 July 2017, the State party submitted its observations on the admissibility of the communication. The State party submits that the communication is inadmissible on the grounds of non-exhaustion of domestic remedies under article 5 (2) (b) of the Optional Protocol. It further submits that the authors’ claims under articles 9, 10 and 14 are inadmissible as the State party has made a derogation under article 4 of the Covenant, which has been duly notified to the Secretary-General. 4.2 The State party notes that, in accordance with the findings of its domestic authorities, the Gülen movement or the “Fetullahist Terrorist Organization/Parallel State Structure (FETÖ/PDY)” is an armed terrorist organization established by Fetullah Gülen with the aim of overthrowing the Government. It notes that the National Security Council of Turkey has established, in a number of decisions, that FETÖ/PDY is a terrorist organization that constitutes a threat to national security and which was responsible for the 15 July 2016 coup attempt in the State party. It notes that a nationwide state of emergency was declared as at 21 July 2016. The State party notes that in a notification of derogation under article 4 of the Covenant, dated 21 July 2016, it stated that, as a consequence of the state of emergency, measures taken could involve derogations from obligations under articles 2 (3), 9 and 10, 12 to 14, 17, 19, 21 and 22 and 25 to 27 of the Covenant, as permissible under article 4 of the Covenant.3 The State party submits that the authors’ claims under articles 9, 10 and 14 fall within the scope of the notification of derogation. The State party submits that these claims should therefore be found to be inadmissible. It argues that in accordance with article 4, the decree laws issued and measures taken after the declaration of the state of emergency were taken only to the extent that they were strictly required by the exigencies of the situation and proportionate to the crisis faced by the authorities. It further notes that the measures were only to be in force during the state of emergency, and were therefore temporary in nature. 4.3 The State party notes that numerous arrests and custody proceedings were initiated following the coup attempt. It provides information on the decree laws enacted following the declaration of the state of emergency. The maximum duration of police custody under the decree laws was raised to 30 days by Decree Law No. 667 in order to ensure that effective investigations were conducted. Later on, in the light of the changing circumstances, the measure of extended police custody periods was reviewed. With Decree Law No. 684, the maximum duration of police custody was reduced to seven days, with an extension of an additional seven days by decision of a public prosecutor. The order of custody can be appealed before a criminal court by the person in custody, his or her defence counsel or legal representative, spouse or first- or second-degree relatives. Legal assistance is provided during police custody and health reports are issued upon entry and release. 4.4 Concerning the specific circumstances of the authors, the State party notes that an investigation is still pending before the Ankara Chief Public Prosecutor’s Office against the authors on the grounds that they are suspected of being members of an armed terrorist organization. A decision of restriction was taken with regard to the investigation file. An arrest warrant was issued for Mr. Özçelik on 29 August 2016 by the Sarayönü Criminal 3 4 On 2 August 2016, the Secretary-General was notified of the following: ”The coup attempt and its aftermath, together with other terrorist acts, have posed severe dangers to public security and order, amounting to a threat to the life of the nation in the meaning of article 4 of the International Covenant on Civil and Political Rights. The Republic of Turkey is taking the required measures as prescribed by law, in line with the national legislation and its international obligations. In this context, on 20 July 2016, the Government of Turkey declared a state of emergency for a duration of 90 days, in accordance with the Turkish Constitution (article 120) and the Law No. 2935 on State of Emergency (article 3/1b). The decision was published in the Official Gazette and approved by the Turkish Grand National Assembly on 21 July 2016. In this process, measures taken may involve derogation from obligations under the International Covenant on Civil and Political Rights regarding articles 2/3, 9, 10, 12, 13, 14, 17, 19, 21, 22, 25, 26 and 27, as permissible in article 4 of the said Covenant.”