“It always happened at night,” Hamiyet M. told Human Rights Watch. For 24 long years, Hamiyet’s husband had abused her by severely beating her and raping her almost daily. When she finally summoned the courage to go to police in her town in eastern Turkey, they sent her home, twice. The beatings continued, in one instance proving so severe she wound up in hospital where she spoke with a police officer for a third time. Yet again, she received neither sympathy nor help. “Are we supposed to deal with you all the time?” the officer scolded.Implementing Law 4320 was supposed to be a priority of the Ministry of Women and Family. Last March Selma Aliye Kavaf, who heads the ministry, said many women who reported abuse were not properly protected because the police to whom they reported did not in turn report to the Ministry, and so proper procedures were not followed. As far as I can tell, little progress has been made here. Further, under Turkish law, each municipality with a population of over 50,000 people is supposed to have a women's shelter, though this is still far from the case (see this post from last March). For news coverage of the report from Hurriyet Daily News, click here.
Some 42 percent of all women older than 15 in Turkey and 47 percent of women living in the country’s rural areas—approximately eleven million women in total—have experienced physical or sexual violence at the hands of a husband or partner at some point in their lives, according to a 2009 survey conducted by a leading Turkish university.
Female domestic violence survivors, lawyers, and local experts on family violence interviewed for this report described husbands and family members inflicting brutal and long-lasting violence on women and girls that in some cases lasted for decades, affecting several generations of women. Researchers documented women and girls as young as 14 being raped; stabbed; kicked in the abdomen when pregnant; beaten with hammers, sticks, branches, and hoses to the point of broken bones and fractured skulls; locked up with dogs or other animals; starved; shot with a stun gun; injected with poison; pushed off a roof; and subjected to severe psychological violence. The violence occurred in all areas where researchers conducted interviews, and across income and education levels.
In recent years Turkey has taken important legislative steps towards addressing violence against women. But despite these impressive advances, most notably Law 4320 on the Protection of the Family (“Law 4320” or “protection law”), remaining gaps in the law and failures of implementation make the protection system unpredictable at best, and at times downright dangerous. Furthermore, this legislative process is undermined by the government’s failure to better prevent abuse in the first place, change discriminatory attitudes, and effectively address the barriers that deter women and girls from reporting abuse and accessing protection.
This report focuses on the civil remedies available in Turkey to survivors of domestic violence. These options—which aim to provide immediate protection from harm, create space for a victim to decide her course of action, and prevent an abuser hampering criminal or divorce proceedings with intimidation or threats—take two main forms. The first is physical protection in shelters, the second is civil protection orders—emergency measures intended to stop further abuse, which is common in domestic violence cases, including instructions to an abuser to stay away from the house and refrain from violence against the victim.
The research found that implementation of Law 4320 regularly falls short because enforcement officers, judges, and prosecutors neglect their duties, often due to lack of expertise or will to deal with cases of violence against women and girls in a manner that is effective and sensitive to the needs and human rights of victims. Women who do report family violence to police risk being turned away, and face poor enforcement of protection orders: indeed, some women have been murdered after obtaining a protection order against their killer. Shelters are lacking, and those that do exist often exclude certain groups of women, restrict movement and communications, and are vulnerable to security breaches. Environments in which women are supposed to report violence—particularly police stations and family courts—often lack the private space necessary to do so. In addition, differing understandings of the law—specifically, the scope of eligibility for protection orders—undermine its effectiveness and can exclude the most vulnerable victims of domestic violence.
Showing posts sorted by relevance for query domestic violence police. Sort by date Show all posts
Showing posts sorted by relevance for query domestic violence police. Sort by date Show all posts
Thursday, May 5, 2011
"He Loves You, He Beats You"
Human Rights Watch has released a report on domestic violence, a problem that has been gaining increased attention in recent years. As HRW reports, police too often neglect their responsibilities to protect women against violence, which has led to a plethora of stories of women who ended up dead despite their efforts to seek police protection. Following a June 2009 decision of the European Court of Human Rights, it is a state obligation to protect women when they report such violence. As HRW's report documents, problems with implementation of the ruling continue. From the report's summary:
Tuesday, December 9, 2008
Police Violence in the Spotlight
PHOTO of police beating a group of women in Van this March.Police violence has been one of the many human rights-related epidemics to plague Turkey over the years, and a recent report released Dec. 5 focuses attention on the problem. Turkish police -- civilian and military -- have long been accused of excessive use of force, torture, illegal detention, and various other human rights violations and improprieties, all of which are more frequently than not treated with impunity. From the HRW release:
The 80-page report, "Closing Ranks against Accountability - Barriers to Tackling Police Violence in Turkey," documents 28 cases of police abuse against members of the public since the start of 2007, and examines official investigations of police conduct in those instances. The cases include fatal and non-fatal shootings by the police; ill-treatment and excessive use of force by police against demonstrators; and ill-treatment during or following identity checks. Those who file complaints against the police often find themselves put on trial for having "forcibly resisted" the police.
"Turkey needs to tackle its violent and trigger-happy policing culture," said Kenneth Roth, executive director of Human Rights Watch. "That can only happen if the criminal justice system holds the police to account for these serious crimes."
Police violence in Turkey has been exacerbated by changes to the law on police powers made in June 2007, which give police excessively broad discretion to use lethal force and encourage arbitrary stops and searches by police. Since the research for this report was finished in June 2008 there has been a spate of shootings by police officers in cities such as Ankara, Istanbul, Adana, Bursa, and Antalya. Seven of them were fatal.
The problem is compounded by the failure to adequately investigate abuses when complaints are made. The report documents a pattern of police interference with investigations, including attempts to conceal, contaminate, or plant evidence. Investigations by prosecutors last many months and even years, often with no result. Where a prosecution is commenced, trials also last for years and the rate of conviction is extremely low. Convictions rarely lead to prison sentences.
"Victims of police violence we interviewed frequently told us that the police feel untouchable," Roth said. "That will only change if police officers who break the law are punished."
PHOTO of Cüneyt ErtuşI have tried to follow incidents of police violence since starting this blog, but reports are numerous and media coverage of specific cases is sparse in detail, sporadic, and regularly inconsistent. The impunity of police officers charged with rights violations is routinely decried by human rights groups inside and outside of Turkey. As HRW writes in its report, incidents of police violence have been on the rise despite government pledges to curb abuse. However, pledges are not always followed up with substantive action. Take torture: The AKP-led government has announced a zero-tolerance policy on torture, but police continue to torture despite official government policy. In fact, police torture is on the rise, and despite this fact, the political environment is such that just last month AKP deputy Abdulkadir Akgül said he supports the use of force on "enemies of the state," drawing little nuance as to just how such a determination is made, when, and under what circumstances (á la torture, maybe . . . ?). Although measures have been passed to prevent torture by police, the practice is still rife and frequently occurs before arrest -- when the suspect is in custody, but has yet to be charged. People are often frequently subject to "open air" torture by police, as was the case of 15-year old Cüneyt Ertuş whose arm was broken in front of European news cameras in this year's Newroz riots.
As mentioned by the HRW report, rights violations take place in a culture of impunity. Ahmet Kaymaz and his 12-year old son Uğur were killed by police in Mardin in 2004, and though the officers accused of using excessive force were exonerated, the case drags on. Claiming that there was not going to be fair trial since the beginning, the family's lawyer, Tahir Elçi says, “When we look at the violation of rights that have happened in Turkey in the past year, we see how right we have been. These incidents are the proof of how dominant the culture of no-punishment is. If the police officers who killed Kaymaz and his son had gone through a fair trial then perhaps the public officials would not act this comfortably and Engin Ceber [click here for Ceber's case, which involves prison abuse] would not be killed. The trials about torture and extrajudicial killings have reached no where. Kaymaz case is a good example.” According to Bianet, Elçi was prosecuted for “attempting to influence the process of fair trial” because of his words about the case, but was acquitted.
Although HRW's report does not document incidents occuring past June 2008, the most recent police shooting to attract national attention occurred in August. 22-year old Fatih Cem İnci was shot by a plainclothes police officer for little apparent reason. To make the killing all the more heinous, the officer used his gun to prevent passersby from rendering assistance. İnci died of massive blood loss. Luckily, in İnci's case, police officer Mustafa Atasoy was charged with voluntary manslaughter and stood trial shortly after.
A further illustration of police officers' sense of being "above the law" occurred earlier this month when a young woman was accosted by a Kadıköy police officer who apparently objected to the newspaper she was reading. The woman hired a lawyer who managed to convince a prosecutor to investigate the incident, a move for which the police retaliated by detaining the woman and verbally harassing her. As HRW documents, police routinely use such methods of intimidation. Another incident of police violence that received quite a bit of attention this year was the beating of grocer Metin Şahin by two municipal police officers in the Keçiören district of Ankara. Police are thought to have targeted Şahin because he sold alcohol and is Alevi. Unlike other cases of police violence, Şahin's case was widely reported and an investigation opened.
Police have also drawn sharp criticism for using excessive force to control demonstrators. May Day celebrations are always a tense time of protests in Turkey, but this May, İstanbul police showed little restraint. As testified to by two incidents this past month, the use of police force in response to political demonstrations is frequently questionable. In the first incident, Ankara police used tear gas on a group of allegedly riotous demonstrators. In the second, İstanbul police in Beyoğlu harassed a group of women who were holding an exhibition of photographs portraying violence against women. The exhibition was to raise awareness of domestic violence, and according to Bianet, police used "physical violence" to break up the allegedly "unauthorized activity."
In addition to local police forces, Turkey also has a national police force, in addition to a military police force. The Gendarmerie -- or Jandarma in Turkish -- are a branch of the Turkish Armed Forces, and in theory, are chiefly designated to patrol rural areas, including the largely rural and Kurdish southeast. The Gendarmerie has long been criticized for human rights violations, and democracy/rights activists have long called for the military force to be placed under civilian control. Largely a bow the EU demands for reform, the government plans to place the Gendarmerie under a proposed civilian-governed Domestic Security Undersecretariat, a new unit that will be solely responsible for coordinating security units in fighting terrorism. Under the plan, both the national police department and the Gendarmerie will be placed under the undersecretariat. The change is likely to be met with fierce opposition; however, as HRW's most recent report indicates, civilian control is far from a panacea.
Here are some suggestions from HRW:
The report contains detailed recommendations to the Turkish government, including:Action should also be taken to clearly condemn all forms of torture by police, including that occurring before arrest and in open air areas.
-The establishment of an effective, independent police complaints authority to investigate police misconduct, leading to the prosecution of offenders;
-Requiring police to report when they use stop-and-search powers, and giving the person stopped a form that includes the officers' names, identification numbers, and the reason for the stop;
-Legal clarification that use of lethal force should be a means of last resort and used only where necessary to protect life;
-Tamper-proof video and audio recording in police stations at all times; and
-Action to ensure that trial hearings of law enforcement officials facing prosecution take place without undue delay.
For the full report from HRW, "Closing Ranks Against Accountability: Barriers to Tackling Police Violence in Turkey," click here. (The report is available in Turkish, too.) For an earlier report issued this year by the Turkish Economic and Social Studies Foundation (TESEV), click here. For coverage of the report on BBC World News, click here for video.
Sunday, March 21, 2010
Barriers to Protecting a Woman's Right to Life
Following the European Court of Human Rights' June 2009 decision that states have an obligation to protect a woman's right to life, and that failing to do so amounts to gender-based discrimination, Turkey is still struggling to meet its legal responsibilities. A recent law mandated that cities with populations of more than 50,000 provide a women's shelter, but there are no sanctions in force to give the law teeth. March has seen four women who had applied to state institutions under the auspices of new procedures designed to empower women in cases of domestic violence subjected to extreme forms of violence. Minister for Women and Family Selma Aliye Kavaf said the police in these cases did not inform her ministry, and so proper procedures were not followed. Kavaf also cited bureacratic difficulties in sorting through applications from women with the same name. From Bianet:
UPDATE I (3/22) -- Peace and Democracy Party (BDP) Van deputy Fatma Kurtulan submitted a question motion demanding a response from the justice minister on why so many women who are victims of domestic violence are killed by their husbands or abusive lovers despite having applied to the police and prosecutors for protection several times. From Today's Zaman:
Gökçe Kartaler, volunteer of the women's shelter Mor Çatı ('Purple Roof'), recalled a decision of the European Court of Human Rights (ECHR) given in June 2009. The court sentenced Turkey to a compensation fine in the case of Nahide Opuz because "she had not been protected by the state" when she applied for help by reason of her violent husband.Questions: What procedures must a woman go through when seeking protection from the police, and are these in any way cumbersome? What is the application process for entering state-run women's shelter, and what protections are afforded upon entry? What specific trainig, if any, have local police undertaken to ensure that procedures are properly followed, and just how do local authorities coordinate efforts with the Ministry for Women and Families? And, to date, how many shelters have been opened in cities with populations of over 50,000 people, and just what is the Ministry and the government doing to ensure compliance with the law?
Kartaler indicated that subsequent to this decision, the Ministries of the Interior and of Women and Families signed a joint protocol. However, difficulty was experienced for the implementation of the protocol.
"According to the protocol, records must be drawn up instantly if a woman comes to the police to document the exposure to violence. If the woman does not want to go back home, she shall be directed to a shelter. Yet, the statement made by Kavaf shows that the police do not fulfil this responsibility", Kartaler argued. Selma Aliye Kavaf is the Minister for Women and Families.
In Kartaler's opinion, not only police forces are responsible for women murders but also the lack of capacities regarding Social Services and Child Protection Agencies.
Kartaler calls for increasing these capacities since even if the police directs the women to a shelter, there is no social service unit available 24 hours a day seven days a week. The police cannot reach social service officials off-time. Another deficiency is the education within the service.
"Many police officers do not know where they are supposed to look for help and that the prosecutor has to be informed in case of an application related to violence", Kartaler said.
What needs to be done? Kartaler replies, "First of all, a service has to be established that works 24 hours a day seven days a week. The police must be able to contact experts on domestic violence at any time, they could provide a more sensitive and effective approach. Additionally, social service experts are needed at police stations".
Kartaler also touches upon the importance of vocational training for police officers for the prevention of violence against women. "Education is insufficient. When a police officer changes his/her position, it is not checked whether s/he received training accordingly. The presence of a trained police officer in every police station for every shift is not being monitored."
"Considering European standards, one save place for a women and her child is allotted in 7,500 people. In Turkey, we struggle to open shelters for municipalities of a population exceeding 50,000 people", Kartaler explains and expresses her hopes: "There are positive developments. Now we are struggling for their implementations".
UPDATE I (3/22) -- Peace and Democracy Party (BDP) Van deputy Fatma Kurtulan submitted a question motion demanding a response from the justice minister on why so many women who are victims of domestic violence are killed by their husbands or abusive lovers despite having applied to the police and prosecutors for protection several times. From Today's Zaman:
Kartaler says that following Turkey’s conviction at the ECHR, a protocol was signed between the Interior Ministry and the Ministry for Women and Family Affairs. However, there have been problems executing it. “According to the protocol, when a woman goes to a police station, the officers have to file records without demanding proof of violence. If the woman doesn’t want to go home, she should be referred to a women’s shelter. However, the police rarely fulfill their responsibility.”
Thursday, May 12, 2011
Progress on the Domestic Violence Front
Turkey has signed a new Council of Europe convention to prevent and combat violence against women. As documented by a report released by Human Rights Watch earlier this month, Turkey has been plagued by domestic violence over the years thanks in part to problems implementing existing law. Turkey pushed very hard for the Convention to be opened for signatures at the Council's recent ministerial meeting. From Hurriyet Daily News:
Reaching a consensus proved difficult as many countries expressed resistance to the far-reaching provisions of the convention, but Turkey adopted a negotiation position based on international standards, Acar told the Hürriyet Daily News in an interview.And more from Bianet:
“We did not hide behind any cultural, economic or political pretexts and we resisted those who wanted to water down the stipulations,” she added.
The convention is revolutionary in the sense that it accepts violence against women as a human-rights violation, according to Acar. “This is very important, because violence against women will no longer be seen as a social problem. This will strengthen women’s demands for access to judicial recourse as well as protection,” she said.
Also important is the fact that the convention has endorsed a wide-ranging definition of “violence,” Acar added.
“Violence is not only physical. It can be economic or psychological; stalking is, for instance, a type of violence,” she said. The convention also includes violence against immigrant women, a measure that was resisted by some countries.
The convention covers what are called “the 4 Ps”: prevention, protection, prosecution and policy.
“The fourth P is especially important for Turkey, since we lack an integrated policy on gender equality. This convention will be known as the Istanbul convention and that way Turkey will be known as a country championing the cause of combating violence against women,” Acar told the Daily News.
“Just as we endorsed a zero-tolerance policy on preventing torture, we need to endorse zero tolerance on violence against women. In this sense, this convention will be a new driving force for Turkish domestic efforts,” she said. “Because we really need a mentality change, especially as far as implementation is concerned. All the judges, prosecutors, police and health officials will have to be trained. And for that Turkey needs to ratify the convention as soon as possible to set a good example as well.”
Some 20 to 25 percent of women across the European region suffer physical or sexual violence at some point in their lives, according to the explanatory memorandum accompanying the Convention.Progress at the top to be sure, but real change, of course, will be shown from below and Turkey's willingness and effectiveness to ensure that police officers and other state agents responsible for protecting women follow legal guidelines.
The convention is the first legally binding instrument in the region that creates a comprehensive legal framework to combat violence against women through prevention, protection, prosecution, and victim support. It defines and criminalizes multiple forms of violence against women: physical, sexual and psychological violence, as well as forced marriage and female genital mutilation. The treaty also establishes an international group of independent experts to monitor its implementation at the national level.
The Convention addresses gaps in domestic violence legislation and implementation, such as weak laws, bad implementation of protection laws, lack of coordination, lack of access to justice, low funding for domestic violence responses, lack of shelters, and lack of prevention measures.
To implement the convention, countries will establish hotlines, shelters, medical and forensic services, counseling, as well as legal aid.
Saturday, June 13, 2009
Landmark ECHR Decision on Domestic Violence
Nahide Opuz and her mother were subject to the extreme violence of Nahide's husband and stepfather, her husband's mother, between 1995, when Nahide was married, and 2002, when Nahide's husband shot and killed her mother while they were attempting to drive away. Nahide and her mother had complained to police since 1995, and continued to complain after Nahide's husband stabbed her in 2001 to be released with a fine. The two left after Nahide's mother reportedly decided the two neeed to leave to save their lives. After killing Nahide's husband killed her mother, local authorities released him despite his receiving a life sentence. His release resulted from his claim that he had murdered Nahide's mother to protect the family's honor.
After her mother's murder, Nahide appealed to the European Court of Human Rights (ECHR) after exhausting all legal resorts in Turkey. Nahide claimed the police and local courts had violated numerous articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, include Article 2 (right to life), Article 3 (prohibiting torture and "inhuman or degreading treatment and punishment"), Article 13 (guaranteeing the right for an effective remedy before national authorities for violations of the Convention), and Article 14 (prohibiting discrimination). The ECHR found all rights had been violated, including, most significantly, Article 14. In its conclusion, the ECHR recognized "gender-based" violence as discrimination, for the first time ruling that the state had a right to protect women from domestic violence under the article. Click here for the decision. From the Wall Street Journal:
For more on violence against women, see especially Jenny White's blog, Kamil Pasha, which does an excellent job of chronicling domestic violence cases. I would also
UPDATE 6/23 -- Today's Zaman reports that Opuz is now receiving protection from the state, but is also seeking the protection of her children. See also Rahila Gupta's recent column in The Guardian. Gupta addresses the case in regard to domestic violence cases in the UK. See also the comments of Hülya Gülbahar, president of the Association for the Support and Education of Women Candidates (KA-DER), which ran in Bianet.
After her mother's murder, Nahide appealed to the European Court of Human Rights (ECHR) after exhausting all legal resorts in Turkey. Nahide claimed the police and local courts had violated numerous articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, include Article 2 (right to life), Article 3 (prohibiting torture and "inhuman or degreading treatment and punishment"), Article 13 (guaranteeing the right for an effective remedy before national authorities for violations of the Convention), and Article 14 (prohibiting discrimination). The ECHR found all rights had been violated, including, most significantly, Article 14. In its conclusion, the ECHR recognized "gender-based" violence as discrimination, for the first time ruling that the state had a right to protect women from domestic violence under the article. Click here for the decision. From the Wall Street Journal:
The case is a landmark ruling for Europe. For the first time, it classifies such cases as gender discrimination, giving the Strasbourg court jurisdiction in cases of domestic violence.Bianet reports that though Opuz is pleased with the decision, she still lives in fear of her husband is not receiving protection from the police.
Andrea Coombers, legal practice director at the International Centre for the Legal Protection of Human Rights in London, said describing gender-based violence as discrimination "is what the rest of the world has thought for at least a decade. It is a significant step in the right direction by the European Union."
Mesut Bestas, the lawyer for Ms. Opuz, added: "European legislation on freedom of expression, freedom of assembly and right to life is clear, but when it comes to the issue of women's rights, the legal framework is murky. ... This trial begins to shed light on that murkiness."
For more on violence against women, see especially Jenny White's blog, Kamil Pasha, which does an excellent job of chronicling domestic violence cases. I would also
UPDATE 6/23 -- Today's Zaman reports that Opuz is now receiving protection from the state, but is also seeking the protection of her children. See also Rahila Gupta's recent column in The Guardian. Gupta addresses the case in regard to domestic violence cases in the UK. See also the comments of Hülya Gülbahar, president of the Association for the Support and Education of Women Candidates (KA-DER), which ran in Bianet.
Wednesday, November 26, 2008
Women Organizing Against Domestic Violence Met with Police Repression

From Bianet:
The November 25 Women’s Platform organized an exhibition composed of objects symbolizing and the pictures showing the violence against women, but the exhibition was ended by a sudden and violent police intervention.For full article, click here.
The exhibition of the November 25 Women’s Platform planned to last five hours ended due to the police intervention.
The platform was organized for the International Day for the Elimination of Violence against Women and was reported to the Beyoğlu Police Department, as it was to be held in front of the Galatasaray High School in Beyoğlu.
However, about twenty police officers dispersed the boards used for the exhibition, using physical violence in the process, on the grounds that it was an “unauthorized activity”, despite the laws said otherwise.
The women are protesting the situation with a sit-in.
Violence against women is in the spotlight this week. As in many other countries, domestic violence against women is an issue of serious concern, and not one many male politicians have been very eager to publicize. For demonstrations commemorating this Monday as International Day for the Elimination of Violence Against Women that were not met with police violence, click here.
Saturday, May 31, 2008
Amnesty International Reports a Difficult Year
Amnesty International released its 2008 report on the status of human rights in Turkey last year. The report observes the persistence of numerous human rights violations committed in the context of increased political instability and rising nationalist sentiment. Documented is a lack of fairness in judicial proceedings, cases of illegal torture and detention, police impunity, prison conditions, repressive acts committed against human rights workers, and continued restrictions on freedom of speech and expression. The report's dismal findings parallel conclusions made by Human Rights Watch when it issued its assessment in February (see Feb. 2 post).
In an interview with Today's Zaman, AI Turkey researcher Andrew Gardner called for the total abolition of Article 301 and other articles restricting free speech. In particular, the report called for abolition of Article 216 of the Turkish penal code, used to prosecute individuals for "inciting enmity or hatred among the population." AI concurred with the prevailing opinion of human rights activists that articles restricting free of expression are used in an arbitrary and often very political manner. Gardner also noted that AI is carefully monitoring the closure cases of AKP and DTP.
AI was harrassed by Turkish authorities in early 2007 when its bank accounts were frozen in January and an administrative fine imposed on its chairperson in May.
The report is quite disturbing and is posted in full below:
In an interview with Today's Zaman, AI Turkey researcher Andrew Gardner called for the total abolition of Article 301 and other articles restricting free speech. In particular, the report called for abolition of Article 216 of the Turkish penal code, used to prosecute individuals for "inciting enmity or hatred among the population." AI concurred with the prevailing opinion of human rights activists that articles restricting free of expression are used in an arbitrary and often very political manner. Gardner also noted that AI is carefully monitoring the closure cases of AKP and DTP.
AI was harrassed by Turkish authorities in early 2007 when its bank accounts were frozen in January and an administrative fine imposed on its chairperson in May.
The report is quite disturbing and is posted in full below:
AMNESTY INTERNATIONAL 2007 REPORT
In the wake of increased political uncertainty and army interventions, nationalist sentiment and violence increased. Freedom of expression continued to be restricted. Allegations of torture and other ill-treatment and the use of excessive force by law enforcement officials persisted. Prosecutions for violations of human rights were ineffective and insufficient, and fair trial concerns persisted. The rights of refugees and asylum-seekers were violated. There was little progress in providing shelters for victims of domestic violence.
Background
An atmosphere of intolerance prevailed following the shooting in January of Turkish-Armenian journalist Hrant Dink. From May onwards a marked escalation in armed clashes between the Turkish armed forces and the Kurdistan Workers’ Party (PKK) led to human rights abuses. The military declared temporary security zones in three districts bordering Iraq in June and a further three districts in December.
The inability of parliament to elect a new president resulted in early parliamentary elections in July. The government was re-elected and in August parliament elected Abdullah Gül as President. In September, the government appointed a commission to draft major constitutional amendments. In November, the Constitutional Court began proceedings to ban the pro-Kurdish Democratic Society Party (DTP).
Bomb attacks by unknown individuals or groups on civilian targets killed and injured dozens of people. In May and October, bombs exploded in İzmir, killing two people and injuring many others. In May, a bomb in the Ulus district of Ankara killed nine people and injured more than 100. In September, an attack on a minibus in the province of Şırnak caused multiple casualties.
In December, Turkish armed forces launched military interventions in the predominantly Kurdish northern Iraq, targeting PKK bases.
Freedom of expression
The peaceful expression of opinion continued to be restricted in law and practice. Lawyers, journalists, human rights defenders and others were harassed, threatened, unjustly prosecuted and physically attacked. An increased number of cases were brought under Article 301 of the Penal Code, which criminalizes “denigration of Turkishness”, despite national and international opposition to the Article.
On 19 January, journalist and human rights defender Hrant Dink was shot dead. He had previously been prosecuted under Article 301. The suspected gunman allegedly stated that he shot Hrant Dink because he “denigrated Turkishness”. An estimated 100,000 people attended Hrant Dink’s funeral in an unprecedented display of solidarity. While a police investigation into the murder resulted in a number of suspects being brought to trial, the full culpability of the security services was not examined. In October, Hrant Dink’s son, Arat Dink, and Sarkis Seropyan, respectively assistant editor and owner of the Turkish-Armenian weekly Agos, were convicted under Article 301 and each received a one-year suspended sentence.
In April, two Turkish nationals and a German citizen who all worked for a Christian publishing house in Malatya were killed. The three reportedly had their hands and feet bound together and their throats cut. The trial of people charged in connection with the murders began in November.
Article 216 of the Penal Code, which criminalizes “inciting enmity or hatred among the population”, was applied in an arbitrary and overly restrictive manner.
In November, lawyer Eren Keskin received a one-year prison sentence for her use of the word “Kurdistan”. The sentence was later commuted to a fine of 3,300 liras (approximately US$2,800).
Prosecutions were also brought under Article 7(2) of the anti-terrorism law that criminalizes “making propaganda for a terrorist organization or for its aims”.
In November, Gülcihan Şimşek, a DTP member and mayor of the city of Van, received a one-year prison sentence for referring to PKK leader Abdullah Öcalan as “Mr”.
Human rights defenders
Human rights defenders were prosecuted for their peaceful activities.
In January, the bank accounts of Amnesty International Turkey were frozen on the demand of Istanbul Governor’s office on the grounds of alleged “illegal fundraising” and in May an administrative fine was imposed on the organization’s chairperson for the same offence. Amnesty International Turkey appealed, but both issues remained unresolved at the end of the year.
In June, three people associated with the Human Rights Association (İHD) were each sentenced to two years and eight months in prison for criticizing the “return to life” prison operation by state authorities in 2000.
Serpil Köksal, Murat Dünsen and İbrahim Kizartıcı were prosecuted for taking part in a campaign against compulsory military service. They were acquitted in December.
Istanbul Governor’s office applied to the courts for the closure of the lesbian, gay, bisexual and transgender people’s organization Lambda Istanbul on the grounds that the name and objectives of the group were against “law and morals”.
Impunity
Investigations into human rights violations perpetrated by law enforcement officials remained flawed and there were insufficient prosecutions. Official human rights mechanisms remained ineffective. In June, parliament amended the Law on the Powers and Duties of the Police, giving police further powers to use lethal force by allowing them to shoot escaping suspects if they ignore a warning to stop.
In April, all four police officers tried for killing Ahmet Kaymaz and his 12-year-old son Uğur outside their home were acquitted. The officers said that the deaths were the result of an armed clash, but forensic reports showed that both victims had been shot at close range several times.
The conviction was overturned of two military police officers and an informer found guilty of the 2005 bombing of a bookshop in the south-east town of Şemdinli in which one person was killed and others were injured. The retrial was heard by a military court. At the first hearing in December, the two military police officers were released to resume their duties.
In November, 10 police officers were found not guilty of the torture of two women in Istanbul police custody in 2002. The two women, “Y” and “C”, reportedly suffered torture including beatings, being stripped naked and then sprayed with cold water from a high pressure hose, and attempted rape. The verdicts followed a new medical report requested by the defendants that did not show “definite evidence that the crime of torture had been committed”.
Unfair trials
Fair trial concerns persisted, especially for those prosecuted under anti-terrorism laws. In protracted trials, statements allegedly extracted under torture were used as evidence.
In June, Mehmet Desde was imprisoned after being convicted with seven others of supporting or membership of an “illegal organization” because of links to the Bolshevik Party (North Kurdistan/Turkey). The Bolshevik Party has not used or advocated violence and the connection between it and those convicted was not proven. The conviction of Mehmet Desde was based largely on statements allegedly extracted under torture.
Selahattin Ökten spent the whole of 2007 in pre-trial detention after his arrest on suspicion of taking part in PKK activities. The charge was based on a single witness statement that was allegedly extracted under torture and was subsequently retracted.
Killings in disputed circumstances
Fatal shootings by the security forces continued to be reported, with failure to obey a warning to stop usually given as justification. However, incidents often involved a disproportionate use of force by security forces and some killings may have been extrajudicial executions. In a number of instances, investigations were compromised when evidence was lost by law enforcement officials.
In August, Nigerian asylum-seeker Festus Okey died after being shot in police custody in Istanbul. A crucial piece of evidence, the shirt he wore on the day of the shooting, was apparently lost by the police. A police officer was charged with intentional killing.
In September, Bülent Karataş was shot dead by military police in the Hozat province of Tunceli. According to Rıza Çiçek, who was also seriously injured in the incident, military police forced the pair to remove their clothes before shots were fired. An investigation was being conducted in secret.
Torture and other ill-treatment
Allegations of torture and other ill-treatment continued, especially outside official places of detention.
In June, Mustafa Kükçe died after being detained in several different police stations in Istanbul. Relatives who identified his body said that it was apparent that he had been tortured before his death. No case was brought against police officers.
Lawyer Muammer Öz was allegedly beaten by police officers while drinking tea with family members in the Moda district of Istanbul. An official medical report failed to show that his nose had been broken in the attack. Muammer Öz told Amnesty International that police beat him with batons and their fists and told him that they would never be punished. Two police officers were prosecuted and were awaiting trial.
Members of the security forces continued to use excessive force when policing demonstrations.
In some of the Labour Day demonstrations on 1 May in various parts of the country, police used batons and tear gas against peaceful demonstrators. More than 800 people were detained in Istanbul alone, although the total number of arrests was not known.
Prison conditions
Harsh and arbitrary punishments continued to be reported in “F-type” prisons. A circular published in January granting greater rights to prisoners to associate with one another remained largely unimplemented. Some prisoners were held in solitary confinement and small-group isolation. Widespread protests called for an end to the solitary confinement of PKK leader Abdullah Öcalan, and for an investigation into his treatment.
In May, the European Committee for the Prevention of Torture (CPT) visited the prison island of Imralı where Abdullah Öcalan remained imprisoned to examine the conditions of his detention and his state of health. The CPT findings had not been made public by the end of the year.
Conscientious objectors
Conscientious objection to military service was not recognized and no civilian alternative was available.
Persistent conscientious objector Osman Murat Ülke was again summoned to serve the remainder of his prison sentence for failing to perform military service. In seeking to punish him, Turkey remained in defiance of the 2006 judgment of the European Court of Human Rights in the Ülke case, which required Turkey to implement legislation to prevent the continuous prosecution of conscientious objectors.
Refugees and asylum-seekers
Refugees continued to be denied access to a fair and effective national asylum system. The Turkish authorities forcibly returned recognized refugees and asylum-seekers to countries where they were at risk of serious human rights violations, in violation of international law.
In October, Ayoub Parniyani, recognized as a refugee by UNHCR, his wife Aysha Khaeirzade and their son Komas Parniyani, all Iranian nationals, were forcibly returned to northern Iraq. The action followed the forcible return to Iraq in July of 135 Iraqis who were denied the right to seek asylum.
Violence against women
Laws and regulations to protect women victims of domestic violence were inadequately implemented. The number of shelters remained far below the amount stipulated under the 2004 Law on Municipalities, which required a shelter in all settlements with a population of more than 50,000.
A telephone hotline for victims of domestic violence ordered by the Prime Minister in July 2006 had not been set up by the end of the year.
Thursday, April 15, 2010
Hurdles to Dealing with Domestic Violence
From Bianet:
The report on Education regarding Co-operation between Institutions has been published as part of the Hürriyet ('Freedom') Campaign against Domestic Violence.The litany of problems Bianet extracts from the report is overwhelming, giving just some idea as to how difficult domestic violence is to effectively address. Impunity abounds, bureacracy and courts can exacerbate already grave situations (see criticisms of the Law on Family Protection), and a serious lack of services persists.
The report was prepared by the coordinator of the campaign, Neşe Hacısalihoğlu, and is based on data collected in 33 provinces and five counties between 9 September and 29 October 2009.
The Hürriyet Campaign against Domestic Violence was part of the 'Freedom is our Right' Train Project which travelled all over the country. Representatives of the governorship, municipalities, Social Services and Child Protection Institution (SHÇEK), the police, the gendarmerie, the National Education Department, the Health Department, universities, the Registration Office, the Social Welfare and Solidarity Foundation, bar associations and non-governmental organizations took part in the training program carried out in cooperation of several institutions.
The report reveals concrete data on difficulty experienced with police forces, the SHÇEK, at family courts, with bar associations, at health institutions, at schools and public education, with the social welfare and solidarity foundation, with the Registration Office, with municipalities and non-governmental organizations.
The report analyses problems experienced by the employees of these institutions and suggests feasible solutions.
Tuesday, February 9, 2010
Medine Memi and the Duty to Protect
After burying alive 16-year-old Medine Memi, her father and grandfather face life in prison for "premeditated homicide with aggravating circumstances, perpetrated with cruelty." Memi had been missing for over forty days when her body was uncovered in a concrete-covered hole outside the family chicken coop. After complaing to police about severe beatings received at home, it is entirely possible that her father and grandfather killed her out of revenge. However, authorities and media jumped to call the crime an honor killing, claiming the motive for her family's savagery had to do with Memi spending time/having friendships with boys. In a very provocative post, Jenny White criticizes the media for having jumped to the conclusion that the crime was an honor killing, pointing out that Memi's father was most likely the source of this information.
Honor killings are a familiar story — but this might well be a case of outright murder for revenge and to hide family violence. That would demonstrate the low status of women outside of the “honor” paradigm (and the authorities’ disinclination to take their claims seriously). In the most recent Turkish article, the father and grandfather are reported as claiming that when Medine reported the beatings to the police, the father and grandfather told the police that she was beaten because she was “talking to boys”. The police now say they began a “procedure” (islem) at the time. Yet Medine disappeared for 40 days before anyone investigated.Significantly, it will be interesting to see if any investigation is made of these local authorities who seemingly did little to prevent Memi's horrible death. Memi's case parallels that of Nahide Opuz, whose case was brought to the European Court of Human Rights (ECHR) and resulted in a historic decision last summer in which the ECHR ruled that failure to protect women from domestic violence constitutes gender-based discrimination, in addition to violating an individual's right to life and be free from torture. According to the ECHR, the state has a responsibility to protect women from domestic violence. In the case of Medine Memi, local authorities seem clearly to have fallen short.
Monday, June 6, 2011
No Progress on the Human Rights Front . . .
Police beating a group of women assembling during Newroz festivities in Van in 2008. PHOTO by Anonymous
As Prime Minister Erdogan spent his time this weekend denouncing The Economist's recent endorsement of the CHP, TESEV researcher and Radikal columnist Dilek Kurban writes (in Turkish) about the deterioration of human rights that has taken place since 2005 when Turkey's EU accession negotiations slowed down to a snail's speed.
Writing specifically on the issue of police brutality, torture, and the abuse of detained suspects, Kurban joins thousands of other liberal observers in drawing the conclusion that 2005 marked a turning point not only in Turkey's progress toward EU accession, but also its development toward a healthy, functioning liberal democracy. Kurban mentions two key legal changes that were pushed through with little domestic criticism but that nonetheless set back the significant progress Turkey had made in curtailing the power of the police.
In June 2006, Turkey joined many countries in the world in the wake of 9-11 to pass comprehensive anti-terror legislation. Under Turkey's revamped Anti-Terrorism Law (TMYK), suspects in terrorism-related cases were allowed to be detained up to 24 hours without access to their attorney. The law also led soon to a rapid increase in the number of journalists, activists, and politicians facing jail time for allegedly spreading terrorist propaganda.
In June 2007, amendments to the Police Duties and Authority Law (PVSK) have police the power to conduct searches without warrants and inspect the IDs of people on the streets. Police were also given the authority to open fire on citizens who refused to abide by police orders. The effect of the police law was to essentially reinforce a culture of already existing impunity in regard to human rights violations committed by police and other security officials.
Since both these laws went into force, Turkey has seen a drastic increase in police-related violence, a phenomenon well-documented by Human Rights Watch's end of 2008 report on the issue (for my reflections on the issue at the time, see Dec. 9, 2008 post). The past two years have seen little progress on the issue. In fact, despite a supposed "zero tolerance" policy on torture, Turkey is still grappling with the problem. According to the UN Committee against Torture (UNCAT), Turkish citizens still suffer from "numerous, ongoing, and consistent allegations concerning the use of torture, particularly in unofficial places of detention."
Kurban concurs with the UNCAT, and noting an increase in the number of torture cases, also points attention to the promotions of police officials with questionable human rights records.
Kurban highlights that a year before The Economist endorsed the AKP in the country's troubled 2007 parliamentary elections, which took place in a period of intense political pressure and interference from the Turkish Armed forces, the AKP had already begun to lose its liberal credentials. However, at the time, there was no mainline party with anything better to offer. The CHP was still holding true to the strong nationalist posture it had taken since re-emerging as the chief opposition party in the early 2000s, and the hopes for a more liberal, more human rights-oriented government justifiably rested with the AKP.
Now, as The Economist duly recognizes, times have changed. The lack of progress, and in some cases, outright regression, is no longer acceptable. Not only has the AKP failed to take advantage of critical opportunities to move the country further afield in terms of human rights, a course which it did a terrific job of steering from 2002 to 2005, the past six years of inaction if now endangering Turkey's progress toward accession. Most unacceptably, the party has done little in recent years, and in stark contrast in earlier efforts, to ensure that Turkish citizens are secure in their personal rights and liberties.
For more on the practice of detention under the Anti-Terrorism Law, which has spiked in recent months given the violence in Turkey's mostly Kurdish southeast, see this post from earlier last month.
As Prime Minister Erdogan spent his time this weekend denouncing The Economist's recent endorsement of the CHP, TESEV researcher and Radikal columnist Dilek Kurban writes (in Turkish) about the deterioration of human rights that has taken place since 2005 when Turkey's EU accession negotiations slowed down to a snail's speed.
Writing specifically on the issue of police brutality, torture, and the abuse of detained suspects, Kurban joins thousands of other liberal observers in drawing the conclusion that 2005 marked a turning point not only in Turkey's progress toward EU accession, but also its development toward a healthy, functioning liberal democracy. Kurban mentions two key legal changes that were pushed through with little domestic criticism but that nonetheless set back the significant progress Turkey had made in curtailing the power of the police.
In June 2006, Turkey joined many countries in the world in the wake of 9-11 to pass comprehensive anti-terror legislation. Under Turkey's revamped Anti-Terrorism Law (TMYK), suspects in terrorism-related cases were allowed to be detained up to 24 hours without access to their attorney. The law also led soon to a rapid increase in the number of journalists, activists, and politicians facing jail time for allegedly spreading terrorist propaganda.
In June 2007, amendments to the Police Duties and Authority Law (PVSK) have police the power to conduct searches without warrants and inspect the IDs of people on the streets. Police were also given the authority to open fire on citizens who refused to abide by police orders. The effect of the police law was to essentially reinforce a culture of already existing impunity in regard to human rights violations committed by police and other security officials.
Since both these laws went into force, Turkey has seen a drastic increase in police-related violence, a phenomenon well-documented by Human Rights Watch's end of 2008 report on the issue (for my reflections on the issue at the time, see Dec. 9, 2008 post). The past two years have seen little progress on the issue. In fact, despite a supposed "zero tolerance" policy on torture, Turkey is still grappling with the problem. According to the UN Committee against Torture (UNCAT), Turkish citizens still suffer from "numerous, ongoing, and consistent allegations concerning the use of torture, particularly in unofficial places of detention."
Kurban concurs with the UNCAT, and noting an increase in the number of torture cases, also points attention to the promotions of police officials with questionable human rights records.
Kurban highlights that a year before The Economist endorsed the AKP in the country's troubled 2007 parliamentary elections, which took place in a period of intense political pressure and interference from the Turkish Armed forces, the AKP had already begun to lose its liberal credentials. However, at the time, there was no mainline party with anything better to offer. The CHP was still holding true to the strong nationalist posture it had taken since re-emerging as the chief opposition party in the early 2000s, and the hopes for a more liberal, more human rights-oriented government justifiably rested with the AKP.
Now, as The Economist duly recognizes, times have changed. The lack of progress, and in some cases, outright regression, is no longer acceptable. Not only has the AKP failed to take advantage of critical opportunities to move the country further afield in terms of human rights, a course which it did a terrific job of steering from 2002 to 2005, the past six years of inaction if now endangering Turkey's progress toward accession. Most unacceptably, the party has done little in recent years, and in stark contrast in earlier efforts, to ensure that Turkish citizens are secure in their personal rights and liberties.
For more on the practice of detention under the Anti-Terrorism Law, which has spiked in recent months given the violence in Turkey's mostly Kurdish southeast, see this post from earlier last month.
Friday, April 11, 2008
CHP Unveils Plan for the Southeast
CHP deputies are drawing up plans to establish a subcommittee to address economic underdevelopment in the southeast, principally the problem of unemployment. Along the same lines as AKP's recently stated commitment to GAP (see March 13 post), CHP's plans are also likely motivated by a desire to embarrass AKP by pointing out the association of some of its members to tariqah, Sufi Muslim brotherhoods that promote an Islamist agenda and have a long history of activity in the southeast. In today's Eurasia Daily Monitor, Gareth Jenkins offers an assessment of CHP's latest move and provides a short background history on the tariqah.
“Unemployment in the region has become the PKK’s primary instrument of propaganda,” commented CHP Deputy Ahmet Ersin. He claimed that other radical groups, including the Sufi religious brotherhoods known as tariqah and the Turkish Hizbullah, were also exploiting the often desperate socio-economic conditions in what has long been the most underdeveloped region of Turkey. “The local people are faced with pressure from unemployment, the tariqah, Hizbullah and the PKK. The state has to find a solution to unemployment, protect people’s lives and contribute to the development of the region,” he said (Vatan, April 11).
The CHP deputies’ call for the creation of a subcommittee, which they suggested should be named “Unemployment, Hizbullah, Tariqah and PKK Pressure in the Southeast,” is probably at least partly motivated by a desire to embarrass the ruling Justice and Development Party (AKP); not only by underlining the failure of more than five years of AKP rule to solve the region’s problems but also by revealing the very close relations between some AKP deputies and the tariqah.
Nevertheless, although most domestic and international media attention has focused on the fighting between the PKK and the Turkish security forces, the call by the CHP deputies has also highlighted a struggle that may ultimately have more important repercussions for the future of southeast Turkey; namely, the battle for the hearts and minds of the local population, which is currently being waged by organizations, publications and charitable foundations associated with rival social networks.
In addition to being economically underdeveloped, southeast Turkey is also the most conservative region of the country. Traditionally, the main social networks in the region have been those based on clan or membership of one of the tariqah.
As well as confronting the Turkish state on the battlefield, particularly in the late 1980s and early 1990s, the PKK has sought to consolidate its popular support by establishing or controlling political parties and non-governmental organizations (NGOs) active in the region. In the early 1990s this rivalry even led to a war between the PKK and the Ilim group, which the media usually refers to as Turkish Hizbullah and which was the most powerful violent Islamist organization in southeast Turkey.
The capture and imprisonment of PKK founder Abdullah Ocalan in 1999 resulted in the organization announcing a halt to its armed campaign. In January 2000 Hizbullah also abandoned violence after its founder, Huseyin Velioglu, was killed in a police raid. Both organizations continued, however, to propagandize and use NGOs and charitable foundations to broaden their bases of social support.
Unlike the PKK, which resumed its armed insurgency in June 2004, there is still no indication as to when or if Hizbullah will return to violence. In recent years, it has concentrated on building up a network of Islamic charities, Qur’an courses, bookstores, publications, websites, foundations and associations. The most prominent is İnsan Hakları ve Mustazaflarla Dayanışma Derneği (Association for Human Rights and Solidarity with the Oppressed or Mustaza-Der). In April 2006 Hizbullah demonstrated its growing strength by organizing a rally in Diyarbakir, the largest city in southeast Turkey, which was attended by more than 80,000 people.
In recent years, other non-violent organizations have also stepped up their activities in southeast Turkey. In theory, the tariqah were outlawed in 1925 by Mustafa Kemal Ataturk (1881-1938), the founder of the modern, secular Turkish Republic. In practice, the ban merely forced the tariqah underground. Since the 1950 the tariqah have gradually reemerged, although the continuing theoretical ban means that they tend to conduct their activities through NGOs and charitable foundations. Most of the members of the decision-making core of the AKP have, at some point in their careers, been associated with one or another of the tariqah. Although he no longer regularly attends meetings, for a long time Prime Minister Tayyip Erdogan was an active member of the Iskenderpasa Lodge of the Naqshbandiyah, the largest tariqah in Turkey. Particularly since the AKP took office in November 2002, the Naqshbandiyah has become increasingly active in southeast Turkey, not only organizing Qur’an courses and holding lodge meetings but also setting up soup kitchens and distributing food and fuel to poor families.
Friday, March 14, 2008
EU Draft Calls on Ergenekon Investigation Among Other Measures
A recent draft of the European Parliament's assessment of Turkey's progress toward European Union membership calls on Turkey to aggressively investigate the Ergenekon gang's connections to the state. As documented in the United States Department of State's recently released country report of human rights practices in Turkey, this is more easily said than done. The connection between judges and prosecutors is often strong and there is no doubt a great amount of political influence wielded in these relationships that might run counter to such aggressive inquiry.
The draft welcomes Erdoğan's recently stated commitment to EU reform measures, in particular the newly passed Foundations Law, but harshly criticizes the fact that little has been done to address Article 301 and other measures limiting freedom of expression in Turkey. These measures are themselves strongly connected to the structure of Turkey's judiciary and demonstrate the very political nature of juridical practice in the country. Of note is that the tone is much less vitriolic than the EU Parliament report of last June (see Jan. 19 post).
An article in yesterday's Today's Zaman summarizes the EU draft report.
The draft welcomes Erdoğan's recently stated commitment to EU reform measures, in particular the newly passed Foundations Law, but harshly criticizes the fact that little has been done to address Article 301 and other measures limiting freedom of expression in Turkey. These measures are themselves strongly connected to the structure of Turkey's judiciary and demonstrate the very political nature of juridical practice in the country. Of note is that the tone is much less vitriolic than the EU Parliament report of last June (see Jan. 19 post).
An article in yesterday's Today's Zaman summarizes the EU draft report.
EU calls on Turkey to uncover Ergenekon’s links in state
The European Parliament, one of the European Union's strongest institutions, has called on Turkey to investigate the shadowy Ergenekon network to unearth its "deep connections" within the state.
The Ergenekon gang, a neo-nationalist group accused of involvement in plans to stage a violent uprising against the government, was discovered at the end of an investigation that came upon the heels of a police raid in June of last year that uncovered an arms depot in a house in İstanbul's Ümraniye district. The prosecutor in the Ergenekon case has said the gang worked to create disorder and chaos through divisive and violent acts so the public would be willing to accept a military intervention to restore order.
"Turkish authorities should resolutely pursue investigations into the Ergenekon affair, to fully uncover its networks reaching into the state structures and to bring those involved to justice," the draft report, prepared by Dutch Christian Democrat MEP Ria Oomen-Ruijten, said.
The group is suspected of involvement in the murder of three Christian missionaries in Malatya in 2007, the 2006 murder of a priest in the northern city of Trabzon, the murder of ethnic Armenian journalist Hrant Dink in 2007, a 2006 attack on the Council of State and a grenade attack on daily Cumhuriyet in 2006.
The draft report also strongly called on the government to speed up its reform process and fulfill its promises on sensitive issues such as Article 301 of the Turkish Penal Code (TCK). The nine-page draft viewed by Today's Zaman is expected to be discussed at the Foreign Affairs Committee in April and to be approved by the parliament in May.
The draft, which is expected to be amended several times before approval by the European Parliament, welcomes a declaration by Prime Minister Recep Tayyip Erdoğan that 2008 would be the year of reforms. Another development that the report refers to with satisfaction is the civilian authorities' success in confronting the military interference in the political process back in April, when the government boldly rejected an intervention by the military in the process of presidential elections.
Welcoming Parliament's passage of the Law on Foundations granting broader property rights for non-Muslim minorities, the draft calls for vigorous further steps for reforms. Calling the outlawed Kurdistan Workers' Party (PKK) a terror organization, the draft says the PKK should declare an immediate and unconditional cease-fire. The draft also took note of Erdoğan's statements on assimilation, which he made in Germany and which were widely criticized in EU capitals. Erdoğan said in Germany last month that the government wanted the Turks to integrate better in the German society, but rejected assimilation, saying it was a "crime against humanity."
In her draft report Oomen-Ruijten refrained from using the word “genocide” to describe events of World War I, which Armenians claim amounted to a genocide of their ancestors in eastern Anatolia by the Ottoman Empire. She instead called on Turkey and Armenia to work together to start a process of reconciliation. Oomen-Ruijten, in her previous resolution on Turkey last fall, came under enormous pressure from Armenian groups to refer to a genocide, but she refused to do so.
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Basic issues highlighted in report
* Civilian-military relations: [The European Parliament] welcome[s] the fact that in 2007 democracy prevailed over attempts by the military to interfere in the political process; encourages the Turkish government to make further systematic efforts to ensure that the democratically elected political leadership bears full responsibility for formulation of domestic, foreign and security policy and that the armed forces respect this civilian responsibility.
* 301: [The] Turkish government and the Parliament should carry out, as a priority, the repeatedly promised reform of Article 301 of the Penal Code; [the European Parliament] deplores the fact that no progress has been achieved regarding freedom of expression.
* Law on Foundations: [The European Parliament] welcome[s] the recent adoption by the Turkish Parliament of the Law on Foundations; welcomes the commission’s intention to examine the new text, and underlines that it should analyze whether the law addresses all shortcomings faced by non-Muslim religious communities with regard to property management and acquisition, including expropriated property sold to third parties.
* PKK: [The European Parliament] strongly condemn[s] the violence perpetrated by the PKK ... reiterates its solidarity with Turkey in its fight against terrorism; and once again calls on the PKK to declare and respect an immediate and unconditional cease-fire.
* Northern Iraq: [The] Turkish government should not engage in any disproportionate military operations violating Iraq’s territory; urges Turkey to respect Iraq’s territorial integrity, human rights and the rule of law, and to ensure that civilian casualties are avoided; urges the government of Iraq and the Kurdish Regional Government of Iraq not to allow Iraqi territory to be used as base for terrorist acts against Turkey.
* Kurdish Issue: [The] Turkish government should launch, as a matter of priority, a political initiative favoring a lasting settlement of the Kurdish issue, which can only be based on tangible improvements in the cultural, economic and social opportunities available to citizens of Kurdish origin, including real possibilities to learn Kurdish and to use it in broadcasting and in access to public services; calls upon the [Democratic Society Party] DTP, its members of parliament and mayors to engage constructively in the quest for a political solution to the Kurdish issue within the democratic Turkish state.
* Armenia: [The] Turkish government should end the economic blockade and re-open its border with Armenia; calls once again on Turkish and the Armenian governments to start a process of reconciliation, in respect of the present and the past, allowing for a frank and open discussion of past events.
* Hrant Dink murder: [The European Parliament] strongly urge[s] the Turkish authorities to carry out a full investigation into the murders of Hrant Dink and of the three Christians in Malatya, as well as all other cases of politically or religiously motivated violence, including full clarification of allegations of negligence on the part of the competent authorities, and to bring all responsible to justice.
* Constitution: Takes note of the process under way to prepare a new, civilian constitution; regards it as a key opportunity to place the protection of human rights and freedoms at the core of the constitution.
Sunday, May 2, 2010
More Than Bananas
For another piece from the Middle East Report Online on Turkey's Kurds, see Will Day's 2008 consideration of the politics of Kurdish poverty in the southeast. Day takes a look at purely economic solutions to the problems, as well as support for the AKP in the region. From Day:
The politics of that “problem,” as indicated by the discrepant displacement and unemployment figures, largely define what can and cannot be said in the poverty debates. For the Turkish state, in fact, poverty in the southeast is a condition prior to politics, strictly separated from questions of history, identity and culture. “The problem of citizens [here] is a humanitarian problem,” as Hüseyin Avni Mutlu, governor of Diyarbakır, told the mainstream newspaper Referans in January. Ankara appoints governors to oversee the southeastern provinces. “Cultural identity is not the basic problem. The agenda of the people is economic; the agenda is sustenance. Any other claims are political.” So long as the desires of the people of the southeast are rendered as a universal, biological need—sustenance—the state will recognize them. The governor dismisses questions about the historical and political origins of poverty as “the worst form of exploitation, human exploitation.”Since 2008, the AKP and the military have considered granting some "cultural rights" to Kurds, though both parties are for more comfortable discussing the economic dimensions of the Kurdish question -- which are, no doubt, less controversial and more palatable to nationalist Turks. Some Turkish opinion leaders have harshly criticized purely economic-centered political solutions. From my look at the Kurdish question in January 2009, before the government announced its recent 'Kurdish opening' (documented here):
It is a viewpoint that clashes somewhat with those of poor Kurdish youth, even those, like Mehmet, who have seen some benefit from the state’s solicitude since their own stint shining shoes and selling tissues. Mehmet’s elder brother received an interest-free loan from the governorate, one of a number of state-sponsored programs to encourage entrepreneurship, and set up a small kebab stand. He divides the profits between supporting his ailing parents and saving up for his imminent marriage. Mehmet works for free, but when he needs pocket money, his brother obliges.
Mehmet wakes up every morning at 5:30, buys fresh liver and meat for the stand, and heads to high school (having dropped out years before to work, he is now five years senior to his first-year classmates). After school, he runs the stand until midnight. Three days a week, he attends a training program, provided free of charge by the Diyarbakır Metropolitan Municipality, that will certify him to lay natural gas lines.
Mehmet’s understanding of Diyarbakır’s economy, nevertheless, is colored by a broader feeling of exclusion. “When we go west to find work, people hear our accent, or the police take one look at our ID cards [where one’s place of birth is listed] and they say, ‘He’s from the east, he’s a terrorist.’ When we stay here, there are no factories, no jobs, and we can’t get a decent education or score well on the national university exams because the state only sends the worst teachers here, and any talented teachers here escape to the west if they find the chance.”
That the present shape of poverty has a political history, and that the presence of poverty does not erase other claims—that one can be hungry and desire education in Kurdish, that one can hope for both a more equal distribution of wealth and a more equal distribution of dignity and life chances—captures, in condensed form, the kind of recognition advocated by the NGOs and municipal governments working in the southeast. These NGOs and municipalities are the new legal, public face of Kurdish politics, emerging from a series of political reforms in motion since the early 2000s. From their perspective, the separation of poverty from politics is equal to a denial of historical and social reality. “The problem,” stresses the mayor of Diyarbakır, Osman Baydemir, “is economic, social, cultural, political, legal and administrative. An integrative approach is essential to bringing improvement.” The politics of poverty extends even to word choice. The Turkish state favors the term yoksulluk (an abstract noun indicating an existing state or condition of “poor-ness”), while domestic NGOs and regional governments prefer yoksullaştırma (a verbal noun emphasizing action behind the state or condition described, and translatable as “causing to be poor,” or impoverishment).
For other local actors, recognizing more than basic human need in the southeast is not only essential to designing more effective poverty relief. Many NGOs and research groups working in the region hope that discussion of forced migration and its role in the production of the new urban poverty may also urge the state toward a deeper commitment to assisting in the rehabilitation of the regional economy. If the claims of the southeast can be associated with principles of the European Union and the UN—such as cultural rights and participatory local governance—they may acquire a stamp of legitimacy that pushes the state to reevaluate its reflexive equation of southeastern grievances with PKK demands.
Instead of talking about political and cultural rights, Prime Minister Erdoğan is more keen to talk about economics. Turkish intellectual Ece Temelkuran has compared AKP policy in the southeast to giving out Islamist bananas, an attempt to perhaps bridge the development gap, but an approach that ultimately fails to address the demands of Kurds for the state to recognize their unique identity and standing in Turkish society. (For a similar argument, see Kerem Oktem, who assesses these Islamist bananas as tantamount to co-optation.) While some Turks far too often decry such a demand as separatism, other Turks and most Kurds see recognition as the foundation of basic human rights -- the right to address each other in their own language without state interference, to educate their children in the language of their grandmothers, to celebrate their culture in free assembly, and to enter politics as individuals with identities that might be both Kurdish and Turkish, and therefore, more difficult to negotiate than that of the average Turk. However, what Temelkuran identifies as "Islamist banana politics" and the politics that analyzes in his consideration of AKP policy, fall far short of meeting this demand. Nonetheless, AKP holds economic development and the creation of a state television channel as sufficient compromises, a secret battle plan to combat a war on terrorism that fails to extirpate the root of the problem. While AKP's realization of the need to develop the southeast is light years ahead of the thought asserted by other political parties, it still simply not enough, and as a result, likely to fail. Nonetheless, even when AKP's economic policies for the Kurdish southeast are highly dubious, they have often tacitly endorsed by some in the Western media (see the New York Times' treatment of GAP this March).The AKP did not win in local elections, instead suffering heavy setbacks throughout the southeast. When the government announced plans to move forwrd with the 'Kurdish opening,' many observers thought the AKP and critical figures in the Turkish state had come around. However, with the initiative now stalled, it is clear that any such turn will not be wholesale, that reform on the cultural/minority rights front will come incrementally, and that these changes will, indubitably, be hard fought. While the future is not clear, two things are near certain: one, thinking like that expressed by Turkone in 2008 is and will not produce peace; and two, that the production of peace will not come in one sweep of reforms, but will necessarily be be process-oriented, multi-faceted, and require the engagement of all parties with stakes in the issues involved in the conflict. No one is going away anytime soon.
Islamist banana politics gained further legitimacy this fall when the government and military began working more closely together. As indicated by the recent resignations of former AKP deputy chair Dengir Mir Mehmet Firat, an ethnic Kurd, banana politics are likely to become even more entrenched as the government further eschews cultural and political rights . As Lale Sarııbrahımoğlu elucidates, his replacement, Abdulkadir Aksu, also Kurdish, "has been widely viewed as a reflection of the AK Party's shift in policy from one that supports the greater engagement of Kurds in the political process to one that has further narrowed the room for maneuver for Kurds to express their political opinions." Further signalling this new era of cooperation and consensus on the Kurdish issue, the military top brass, typically quite reticent on political approaches to the Kurdish problem, has publicly agreed with the prime minister that the solution is economic. While this is undeniably in-part the case -- and, despite the TSK's discussion of non-military solutions being a positive step -- the danger is that too exclusive a focus on the economy is incapable of leading to a comprehensive political solution, thereby risking failed policy, and likely more violence as a function of resulting frustration. Not only are banana politics not fair to Kurds, but they are not pragmatic.
Insidious defenses of banana politics cite AKP's decisions as made in agreement with Kurdish public opinion (though the polls are dubitable, and show only the slightest of majorities placing economic over cultural/political concerns), in addition to an exaggerated disconnect between Kurdish intellectuals/political leaders and the overwhelming majority of Kurds, who are overwhelmingly very poor people. The myopia of the banana defenders is on full display in arguing the last point since any amelioration of the living conditions of Kurds will likely raise consciousness of cultural repression, not diminish it. For examples of banana defenses, see Abdulhamit Bilici and Mümtaz'er Türköne. In one defense, Türköne argues,"For [DTP], the victory of the AK Party, especially in Diyarbakır, will be a nightmare. If the AK Party wins in southeastern Anatolia, the Kurdish question will enter a new phase. The PKK and the DTP will not remain the sole powers designing pro-Kurdish politics. Pro-Kurdish politics will be ‘pluralized.’"
Tuesday, September 16, 2008
EU Ambitions and Political Realities (Part I)
Of central importance to Turkish democratization and advancement of human rights is Turkey's relationship with the European Union. The benefits to be reaped from EU membership are great, but Turkey's politicians have long been divided on the issue. While some see membership as the final step in Atatürk's modernization of the country along European lines, the fulfillment of the great leaders' enormous and life-giving desire to see the Turkish Republic recognized as a formidable European power, others see the costs of membership as sacrificing the very tenets upon which the country was founded.Fresh from surviving charges of anti-secularism that threatened it with closure (see Aug. 1 post), AKP, Turkey's ruling party, has released the country's third National Program for the Adoption of the Acquis (NPAA) (click here for a draft complete with all sorts of grammatical oddities). The NPAA essentially lays out a game plan by which the Turkish government will work to harmonize Turkish law with that of the EU. In order to accede, Turkey must meet specific political and economic criteria, and in addition, align its policy with that of the EU according to 35 chapters of the acquis, each pertaining to different policy areas. These chapters will be unanimously opened and closed by the European Council throughout the accession process, and only upon closure of all 35 chapters will Turkey qualify for membership (see Aug. 21 post).
The third NPAA is a chance AKP to revivify Turkey's stalled EU accession process and rebolster the party's standing among European politicians and those Turkish liberals who had in the past supported it, but many of who have come to doubt its sincerity and/or competence in moving Turkey toward liberal democracy and eventual EU membership. Granted formal accession status in October 2005, the reform that had spurned enthusiasm from inside and outside the country slowed down. The reasons for this are manifold and have been largely referred to as "Europe fatigue." Most common among the many explanations for the slowdown is that many Turks, and perhaps even AKP, lost the political will to move forward with the reform process. Thus, this third national program will in many ways be a test for both the ruling party and the Turkish public.
As the Turkish Grand National Assembly (Türkiye Büyük Millet Meclisi—TBMM) prepares to enact the EU-inspired legislation that will align Turkish law closer to European norms, Turks will again face heady questions about their country's future. Once again, 'Euro-philes' who desire to see Turkey enter the EU, and more significantly, move closer to international norms of human rights and democratic governance, will face off against 'Euro-skeptics' who are less keen to see their country make the sacrifices to its sovereignty upon which EU membership is conditional. The 'Euro-skeptic' opposition will be intent to defeat any reform they see as undermining Turkish sovereignty—e.g., that they see as weakening the state's authority in dealing with the country's ethnic and religious minorities (cultural rights/rights for religious minorities); that would roll back the speech codes prosecutors continue to wield against individuals critical of the state; and that would diminish the power of the military, and just as relevantly, the judiciary, bastions of the old elite anathema to those who think of popular sovereignty as the operative principle of democracy and see its expansion as key to democratic devolopment. Many Turks fall somewhere in the middle of these two Euroskepticism and Europhilia, and the poles themselves are far from being rigidly diametric.
The battle to take place is historical. The lure of membership in the EU can be explained by the promise of tremendous economic opportunities for Turkey (and for Europe), but it also has much to do with Turkey's historic aim to orient itself westward and the recognition of calls for major political reform being made by a burgeoning number of citizens. EU accession is a dynamic process in that it means aspiring member countries must not only adopt EU political norms, but in doing so, undergo political transformation akin to that which has brought about EU norms to begin with. While the Europe to which Atatürk turned was the imperial Europe of old, Europe has since much changed. Amidst the wreckage of World War II, Europe radically transformed itself into the post-national union that it is mythologized as today, and over a course of events particular to its own history, developed an overwhelming commitment to participatory democratic institutions and what is largely respected as the strongest human rights regime in modern history. Although, as Tony Judt argues, Europe is just now beginning to reconcile its present position with its pre-war history, it is very much the continent's post-war commitment to a rebirth founded on new values that most defines European identity today.
When Turgut Özal's applied for membership in 1987, Turks began negotiations with a Europe that was drastically different than it had been in 1923. Turkey had not digressed from the Europe Atatürk embraced in 1923; rather, Europe had moved on. As many Turks attempt to struggle more or less to catch up, or better put, generate a 're-birth' of their own, Turkey's relationship with the European Union raises critical questions about the international dimensions of political development. Driven by its new found attachment to democracy and human rights, and its determination to articulate both values in its international policy, particularly in its policy toward aspiring member states, Europe is pressing Turkey to improve its record on both counts. While Turkey's old political vision in many ways explains its contemporary political norms, the current state of Turkish governance will simply not suffice for entry; therefore, a new vision must be realized. As Turks struggle to grapple with the question as to what future path the country will forge for itself, Europeans who are keen to see Turkey a member state and/or who would like to see it politically develop along similar lines struggle to find the most effective diplomatic approach to suit their ends. For those Turks who have already decided that Europe is the path forward, their struggle is to find the best means at their disposal by which to realize international standards of human rights and good governance.
MODERNITY AS IDEOLOGY: COMPETING VISIONS
Much of the division surrounding European membership stems from competing visions as to how define modernity, best understood as the project in which Atatürk propelled the country upon its independence. Is EU membership the ultimate realization of Atatürk's embrace of European values or is membership in the new Europe a threat to the Kemalist foundation of Turkish state-society relations, undermining order and breeding so much chaos that the demise of the Turkish state could become a real possibility? Is Turkey ready and/or able to embrace modern European norms of universal human rights, decentralized governance, and pluralist democracy in which social differences are to be respected rather than feared as imperiling national solidarity?
Although the so-called 'Euro-philes' envision EU entry as a means to a more prosperous and free Turkey, the 'Euro-skeptics' question what are sometimes referred to as the 'post-modern' values that Europe has embraced since the end of World War II (for such a denunciation of 'post-modernism,' see the recent comments of new Commander of Land Forces, Gen. Işık Koşaner). Despite the Euro-skeptics fond endorsement of Enlightenment rationalism, they are leery of the supranationalism inherent in the European Union project and not comfortable with pluralist democracy and its concomitant values of multiculturalism, decentralized authority, freedom of expression, and government free from military influence. Comfortable in their minds' rarely questioned confidence in the inviolability of the nation-state, the idea of plurinational democracy seems little more than a pipe dream—an ivory-towerism, if not a Trojan horse delivered with imperial designs of destroying Turkey from the inside out. In marked contrast, Euro-philia is driven by a desire for change, a yearning to see Turkey pursue reform for its own benefit and the economic benefits concomitant with EU convergence. In contrast to Euro-skeptics, Euro-philes argue that while EU membership is the ideal end of Turkey's accession project, efforts to meet European demands by passing meaningful reform in and of themselves provide ample reason to justify the project. Avowed Euro-philes are a diverse grouping and consist of businessman intent to break into European markets, military officials who interpret membership as the realization of Atatürk's Westernizing ambitions, minorities who see EU government structures as a means by which to check their rights against the Turkish nation-state, and perhaps most surprisingly, some moderate Islamists who have come to believe in democratic pluralism and civil liberties as instrumental to their mission of seeking religious liberties and political participation traditionally denied by the Turkish state (for analysis of the latter, see April 13 post).
To understand this division, one must first understand something very basic about the construction of the Turkish nation-state out of the ruins of the Ottoman Empire. When Turkey was founded as an independent state, Atatürk embraced the European ideals of the age in a way that no Ottoman sultan had ever imagined and at his death in 1938, Anatolia looked and felt drastically different than it had at Turkey's founding in 1923. Indeed, Atatürk not only embraced European values, but emulated them. Modelling the new Turkic republic on the European states of the day, the "Immortal Leader" adopted European legal codes and replaced Ottoman institutions to resemble those of Europe. Central to this nation-building project was Atatürk's wholesale adoption of the same European-style nationalisms that were reshaping Europe. As David Fromkin sadly narrates in A Peace to End All Peace, Turkey was not alone in this endeavor, but was undoubtedly the most successful. Unlike other nation-states carved out of the former Ottoman Empire, the Turkish nation-state was not designed by Europeans, but by Atatürk. Building atop the nationalist ideology of the Young Turks who preceded him, Atatürk carved Turkey out along the same nationalist lines that had come to shape those communities in the Americas and Europe to which Benedict Anderson has referred as "imagined." As one of the first nationalist movements organized against imperialist power, Atatürk brought together the peoples of Anatolia as Turks, romanized the Turkish language, worked to establish nationalist narratives of a shared tribal past, and sought diligently to "Turkify" the Ottoman institutions that had previously governed the Anatolian heartland. An ardent admirer of the French Revolution, Atatürk assembled Turkish nationalism along French lines, an educated, noble project built in the name of modernity, progress, and Enlightenment rationalism. Indeed, many of Turkey's liberals have come to denigrate the Turkish nationalist project as "Jacobin," inferring that just as the French Revolution reached particularly troubling and misguided excesses, so do some similarly self-avowed Turkish nationalists.
The nation-state pervaded what was both a project for state and society and came to define Kemalism, a loose-based ideology prescribing the political order that is still very much descriptive of contemporary relations between the Turkish state and society. Kemalism was defined in 1931 by CHP, the country's only political party in operation at the time. If one was (is?) a Kemalist, one swore adherence to what CHP considered to be the six principles of the state's existence: secularism (bearing close resemblance to French laicism), nationalism (very much influenced by European conceptions of flag and country), republicanism (in the sense that the Jacobins rejected French monarchy only to install institutions that would hardly be considered democratic by contemporary definitions), populism (very much resonant in European discourse following the First World War as it placed the interests of the nation over those of class politics, feared in Europe as Bolshevik), revolutionism (Orwellian insomuch as this meant specific support of the Kemalist status quo), and statism (recognizing the dominance of the state in the economic realm along similar lines and thought of in relation to European étatisme). The endurance of Kemalism is evidenced by CHP's continued symbolic use of the six arrows (alti ok)in its party emblem. These principles were incorporated into the Turkish constitution in 1937 and continue to be the foundation of Turkish governance. (Here, it is important to note that CHP has undergone an evolution of its own—see Feb. 12 post, "Where Have All the Leftists Gone?).
However, while Turkey has held true to the inventions of old nationalisms, Europe has not. The modernity of the Jacobins has long since been surpassed by a new understanding of the modern. This new conception of modernity is no longer in harmony with the dogmas of Kemalism directing the Euro-skeptics. For the Euro-skeptics, these dogmas center around the paradigm of the Turkish nation-state and its inviolability. Their principal concern is survival of the Turkish nation-state, and believing it to be under attack by external and internal enemies, their politics is dominated by fear of the slightest conceptual retrenchment of the status quo and their arguments of the slippery-slope variety. For Euro-skeptics, as Turkey exists in a difficult neighborhood, national security is a prime concern. Even if Turkey did want to embrace Europe's post-modern values, it is not able to due to this challenging geography and the indigenous threats to its Enlightenment identity, namely political Islam and Kurdish separatism. The skeptics declare Turkey to be especially exceptional in these regards, and this logic is sometimes not easy to dismiss. While a post-modern conception of identity is certainly more accommodating of difference than a nationalist conception, would Western European nations have proved so accommodating if their social composition had resembled Turkey's in terms of religious and ethnic heterogeneity, and the sheer division of these fractures due to the traditional modes of life extant throughout so much of the country? Further, would Belgium or the Netherlands have developed so firm a commitment to pluralist democracy and human rights had they shared Turkey's physical geography?
For the Euro-skeptics for whom Turkey's security is paramount, EU reforms jeopardize the state's ability to protect itself from a unique set of threats. Some of these critics do not object to the idea of membership in and of itself, but argue that Turkey must be considered an exceptional case, and therefore, warrant different treatment. Other Euro-skeptics believe that Turkish entrance into Europe is a threat to Turkish cultural identity, a dilution of the cohesive Turkish nationalism that has seen the Turkish Republic through its many trials. The majority of Euro-skeptics hold that Turkey will be better on its own, and that though reform should not be dismissed, the Turkish nation-state should not be sacrificed to meet the demands of EU bureaucrats with little understanding of Turkey's historical, political, and cultural circumstances. An added dimension to Euro-skepticism is that membership in Europe indubitably means change for Turkey's ruling political class, and in many respects, this change means surrendering power to individuals, groups, and ideas that have historically been kept out of the state's Enlightenment-guided elite (for a class analysis, see June 8 post, "The Politics of Underwear").
In contrast, primary among the advocates for EU membership are democrats and liberal human rights advocates who have long criticized the more authoritarian aspects of the Turkish state. These individuals would like to see a stronger civil society develop in Turkey and a diminished role for the military within the Turkish state structure. Democrats call for a state that is controlled by the elected government and responsive to popular will. They argue that they are tired of military intervention in civilian affairs, and many favor adoption of a new constitution to replace the current one adopted under military tutelage in 1982. In turn, liberal human rights activists seek a greater expansion of freedom from state intrusion. These activists have long sought to abolish state restrictions on freedom of expression and association, and many support bringing an end to state torture, excessive police force and impunity, and the unfair trials engendered by Turkey's juridical policies. Many human rights activists also seek an end to the state's virtual non-recognition to the cultural rights of Kurds in the southeast and desire a Turkish southeast in which Kurds are able to speak, read, write, and broadcast in their own language. In advocating for EU membership, liberal human rights activists seek a state more restricted in the actions it takes against individuals while democrats aspire to realize a more viable public sphere in which public opinion might be better developed and articulated to a more responsive government. While by no means monolithic, cumulatively, the demands and activities of the Euro-philes are very radical when compared to the status quo, and the realization of the reforms upon which EU membership is conditional promises a dramatic transformation from the strong unitary state created by Atatürk in the 1920s.
CAN TURKEY BE "EUROPE"?
Central to Turkey's political ambitions to join the European Union is the question as to whether Turkey can ever truly be European. Undeniably, Turkey is a unique country with a unique history that in many ways diverges with that of EU states, especially those of Western Europe. For one, Turkey is an Islamic country and as a result, has a culture that is in many ways rooted in Islamic identity. Further, Turkish cultural identity is very strong and is explained by a confluence of factors only part of which are relevant to European history. This said, as the EU has expanded eastward and as Europe has become more diverse thanks to growing immigrant populations, the concept of Europe has also broadened. With Kosovo now independent, the EU is eventually likely to be dealing with applications from two states with predominant Muslim majorities. As more attention is paid to how a 'post-national'—or perhaps better put, plurinational Europe—is capable of bringing peace and respect for human rights regardless of ethnicity and religion, even more attention is likely to be paid to the complex cultural confluences of Europe's eastern edges. This, in turn, should reinforce the concept of European identity as indeed quite porous and multicultural. (For an excellent work on plurinational democracy, see Michael Keating, Plurinational Democracy: Stateless Nations in a Post-Sovereignty Era (Oxford: Oxford University Press, 2001).)
Turks have long-held ties to Europe that date to the grandeur of the Ottoman Empire. In this regard, it should be remembered that the Ottoman Empire existed at a crossroads of civilizations, thereby assimilating what many might consider to be "European values" of the Byzantines. As Ottoman conquest expanded into the Balkans, so did its assimilation of more "Western" identities, and so were its new Balkan subjects influenced by "Eastern" identities. Indeed, the ancestry of many Turkish families can be traced to the Ottoman Balkans where Christian and Muslim subjects co-existed under an Ottoman ethic of religious tolerance, by way of which it was not uncommon at all for "European" Christians to rise to high office and move fairly fluidly through the upper echelons of Ottoman society. Although such toleration and multiculturalism seems quite confounding to the modern mind, it should be realized that it was not at all strange to the Ottomans and is so now only as a result of the rise of the nation-state. Indeed, it was the ideological construction of nationalism that brought political structures like the Ottoman Empire crashing down. Nationalism was a challenge to the Ottoman regime of toleration and relegated the Empire to play "the sick man of Europe" up until its ultimate collapse at the end of World War I. It is bitterly ironic that the Empire's demise can also be attributed to what historically is a European illness.
Although Christian and ethnic minorities resided in peace for much of the empire's history, Ottoman war on Europe made the empire despised by Christian Europeans, the word "Turk" connoting a sense of the ruthless exoticism that cultivated an image of the Muslim-Turkish Ottoman Empire as being very much other than Christian Europe. Nonetheless, the Ottoman Empire was a full and powerful player on the European diplomatic circuit. When France went to war with the Hapsburgs, they elicited Ottoman support against their fellow Christian enemy by allying themselves with the Muslim Ottomans. In the nineteenth century, the Ottoman Empire was included in the Concert of Europe, duly recognized as an important European power after its alliance with the British during the Crimean War.
Unlike Africa and much of Asia, Turkey escaped the dysfunctions wrought by European imperialism; it was not until the Treaty of Sèvres that Turks became subject to European designs, and it is no surprise that these new imperial bonds were soon cast off. Despite its ambivalence, the Ottoman Empire was by no means ignorant of European development, and throughout the nineteenth-century, sultans attempted major European-inspired reform in efforts to preserve the empire's territorial integrity and stem the ill-effects of the many nationalisms spilling into its borders. Commencing in 1839 under Sultan Abdülmecit, the Tanzimat reform period aspired to develop Ottoman political structures along more European lines.
Although Atatürk's emulation of Europe did not exist without important antecedents, when Turkey won independence in 1923, the shift toward Europe was radical, yet never pursued under the yoke of imperialism. In admiring manner, Atatürk adopted Turkey's civil code from the Swiss Civil Code of 1926, making only minor modificiations. The penal code was adopted from the 1899 Italian Penal Code, and the fledgling country's criminal procedural and commercial codes were adopted from Germany. While the civil and penal codes have been overhauled in the past ten years as fruits of previous national programs, few amendments had been made previously.
Atatürk's European proclivities went beyond government: in fashion, he replaced the fez for a European-style cap while going so far as to adopt European tastes in food and alcohol consumption. Perhaps most significant, the old Arabic script in which Ottoman was written was replaced by a new Roman script in which Turkish would be written. What some have referred to as Turkey's "European vocation" began at statehood, and it was Atatürk who set the course of Turkish political development along westward lines. While it can be debated as to whether Atatürk would be in favor of meeting the conditions for EU membership, there is little doubt as to his great affinity for Europe and uncompromising desire to push Turkey toward the West.
CHASING EUROPE
Turkey's "European vocation" was formalized soon after the end of the Second World War. Although Turkey was careful to avoid allying itself during World War II, it soon took its place in the new world order by becoming a founding member of the Council of Europe in 1949 and became a member of the Marshall-funded Organization of European Economic Cooperation (OEEC) in 1952. Joining NATO shortly after in 1952, Turkey was part of the organization's Southern Command alongside Italy and Greece, and as such sent troops to the Korean War. Throughout the Cold War and in sharp contrast to Eastern Europe, Turkey remained a bulwark of the West and an important buffer between it and the Soviets (now often referred to as "the East.") When the European Economic Community (EEC) was formed by treaty in 1957, Turkey applied for associate membership. The Ankara Agreement was signed soon after in 1963, and Turkey has since regarded it as the foundation for its European Union bid. Acknowledging the agreement's promise to eventually grant Turkey full membership (Article 28), President Ismet İnönü characterized Turkey's signature as a decision between "East" and "West." After Ankara, diplomatic and trade relations between Turkey and Europe flourished as Turkey began to move further away from a close alliance with its other Western ally, the United States.
In 1970, an additional protocol establishing a 22-year transitional period to result in the conclusion of a customs union further solidified the drive for membership ignited by the Ankara Agreement. Trade between Turkey and Europe grew at this time as Turkey continued the process of rapid industrialization on which it had embarked in the 1950s. As it became evident that Turkey's economy was quickly strengthening, the EC approached Turkey in 1975 and solicited its application following Greece's application the same year. Distracted by a fragile political coalition and internal political strife, Ecevit rejected the offer. This move was characteristic of Turkey's problems throughout the 1970s as the country began to lose its Western trajectory. Haunted by identity crises and long-repressed political differences, Turkey began to lose its firm sense of direction and instead became dominated by the various pushes and pulls of the factional politics that had emerged in its still relatively new experiment with multi-party democracy.
The ultimate blow to Turkey's aspirations to join Europe came in 1980 with the violent political coup from which it is still very much recovering. Struggling with an intense set of domestic circumstances, Turkey's attention to EU relations had gone by the wayside in the 1970s, but 1980 made Europe an almost non-issue. However, still attentive to Turkey, Europe issued sharp criticism of the military dictatorship of Kenan Evren who seized control after the coup and joined human rights activists in protesting the state's abuses of political and human rights norms. This criticism is significant in that it marks European politicians' new interest in promoting political norms that had become deeply entrenched in European policy by the time of the coup. Europe-Turkey relations were further complicated by Greece's membership in 1981. Following Turkey's military invasion of Cyprus in 1974, diplomatic relations between the two countries became particularly hostile. Greece used its EC membership to block EC development monies from making their way to Turkey and consistently opposed associations that might bring Europe and Turkey closer together. Further, already disgruntled by the coup and seeming Turkish recalcitrance toward any agreement that might solve the division of the island's Greek and Turkish communities, the Greeks' arguments fell on ready ears.
Although Turkey largely ignored criticism during the dictatorship, Europe soon became more relevant during its post-coup recovery as the democratically-elected government began again to assert its dominance under the leadership of Turgut Özal. When Özal applied for membership in 1987, the European Community issued an answer in 1989 that though stating Turkey was not ready for membership at the immediate moment, it might well be in the future. The answer contrasted sharply to that issued in response to Morocco's 1987 application, which the Community flatly rejected on the grounds that Morocco was not a European country. By implication, the EC recognized that, yes, after all, Turkey was part of Europe and thereby reaffirmed the earlier promise it made under Article 28 of the Ankara Agreement.
To prove the government was serious about membership in the EC, Özal led Turkey to assent to the jurisdiction of the European Court of Human Rights (ECHR). The move was a watershed in that it allowed Turkish citizens to take human rights complaints to the ECHR and required the Turkish state to provide remedies in line with the ECHR's judgements. Although the Court's decisions are still not fully enforcable, Turkey's increased participation in the ECHR is a positive development in the protection of human rights. In 2004, Turkey recognized remedies handed down by the ECHR, and in another positive development in March 2002, the Constitutional Court recognized ECHR case law as a legitimate source on which Turkish courts could base their decisions. At the end of 2007, Turkey had more than 9,000 cases pending before the ECHR.
Özal also moved to increase Turkey's participation in UN, NATO, and European security policy. From 1988 onward, Turkish military officers participated in UN peacekeeping missions in places as varied as East Timor, Somalia, and the West Bank. Most notable of these peacekeeping missions was Turkey's role in Bosnia in 1992. Current peacekeeping missions include the large role Turkey plays in the International Security Assistance Force in Afghanistan and a lead role in Kosovo. Turkey's contribution to security missions has proved it to have much in common with the EU's evolving Common Foreign and Security Policy. Turkey gained particular respect in Europe when it denied the United States use of its borders to stage a military invasion of Iraq in 2003. Although injuring relations with the United States, the move was valuable in garnering additional European support insomuch as it evidenced that Turkey was not merely a satellite of United States security policy and had a voice of its own—perhaps most importantly, a voice with which most Europeans agreed.
Despite Özal's positive steps and Turkey returning its attention to securing the customs union it had been promised in the 1970s, relations with Europe were once again complicated as PKK-provoked unrest in the southeast increased. PKK violence led to a strong Turkish military response that at times was quite disproportionate and sometimes targeted Kurdish civilians rather than the PKK terrorists. As a result, Europe became quite disconcerted by the numerous human rights abuses being documented by human rights watch groups and this anxiety prompted considerable reluctance on the part of many European politicians to make closer ties with Turkey. This sentiment was most evident in the human rights-conscious European Parliament, which, especially post-Maastricht, soon began a new series of criticisms regarding the Turkish state's harsh tactics. The state was further rebuked in Europe for documented cases of torture, detention, and wrongful death suffered by Kurdish civilians at the hands of military and police personnel, as well as the particularly egregious abuses conducted by the paramilitary gangs with which the state had begun to work following Özal's death. The breakdown of Turkish government in the southeast was further manifest in the state's persecution of Kurdish political parties, which, of course, only deepened support for the PKK and the cause of Kurdish separatism, while rendering it virtually impossible for moderate Kurdish politicans to emerge (see Feb. 4 post).
Despite all the criticism, and over strong objections from some EU parliamentarians, the Customs Union was signed and came into force in Janaury 1996. Not to dismiss the level of concern about the deteriorating situation in the southeast, European monitors were sent to evaluate human rights practices in acquiescence to the parliamentarians' human rights objections to the Union. To further demonstrate the friction in Europe-Turkey relations caused by the war in the southeast, in October of the same year, the EU blocked hundreds of millions of dollars in development assistance. European interference in the state's war against the PKK-led insurgency led to hard feelings that reached their apex at the Luxembourg summit in December 1997.
At Luxembourg, the European Council agreed to commence accession talks with eleven central and eastern European countries, most infuriatingly Cyprus, while Turkey was recognized as no more than eligible for membership. To add to Turkey's furor, the acceding states were also given accession agreements whereby they would receive funds and other means of support to bolster their eventual convergence with the EU. Turkish politicians read the summit as an affront and responded by cutting off diplomatic relations with Europe. The rhetoric that encompassed the affair was even more damaging as Turkish nationalist politicians began to make claims that Europe had neo-imperial designs on Turkey and went so far as to launch personal insults at European politicians.
However, hope was restored as the political climate in Europe changed. Following Luxembourg, a confluence of factors began to emerge that bolstered the prospects of Turkish candidacy. Among these factors is the victory of Gerard Schröder over the Christian Democrats in Germany and the strong opinion of Tony Blair that Luxembourg had been a mistake. Perhaps most pivotally, Greece's attitude toward Turkish membership had also changed. Committed to a rapprochement of Greek-Turkish relations. Greek Prime Minister Kostas Simitis saw Turkey's membership bid as a means to assert increased leverage over Turkey in regard to Cyprus. Following the 1999 earthquakes in İzmit and Athens, after which Greeks and Turks came to each others' mutual aid, Greek and Turkish nationalist fervor dwindled as both populations began to express antipathy toward the slow reactions of their governments. Combined with Greek disillusion with nationalist hardliners when Greeks discovered their country had been secretly protecting PKK leader Abdullah Öclan, Greece fell in line with Simitis' calls for rapprochement with Turkey, the main thrust of which was support for Turkish membership in the EU. Bülent Ecevit's role should also be credited insomuch as he made significant gestures to Schröder that Turkey was ready to begin relations with Europe anew.
At Helsinki in December 1999, Turkey was officially granted candidate status on the condition that it met the Copenhagen criteria for membership, the same criteria every EU candidate had to meet. Although some Turkish politicians argued that Turkey should be granted special exceptions due to its circumstances, most enthusiastically embraced the offer. The Helsinki gesture changed the dynamic of EU-Turkish relations and raised prospects that the dream of EU membership might become a reality. The mood was euphoric as polls charting favorable attitudes toward Europe skyrocketed. Out of all the posturing that had come before, a new consensus emerged that Turkey should begin to consider EU negotiations anew. However, despite Turkish ebullience, enthusiasm was somewhat short-sighted in that Turks again began to debate just how far Turkey should be made to reform in order to come into compliance with the Copenhagen political and economic criteria.
EUROPE AND THE DRIVE FOR REFORM
The promise of EU accession acted as a catalysis for the reform that Turkey witnessed from 2001 up until accession talks began in 2005. The progressive spirit that was attached to these years can be attributed as driven by relations between Turkey and the European Union. For Turkey, what has been referred to as the reform revolution meant the beginning of a transformation that promised to move Turkey away from the closeted authoritarianism, under the auspices of which the country has long been troubled. What is more, for the first time there was a viable coalition of forces at play, an amalgam of reformers who had finally come together to make way for real and meaningul change. For Europe, Turkey's transformation signaled a demonstrable use of its soft power to further democratize a neighboring country.
The reforms in need of adoption in order to meet the Copenhagen political criteria were outlined in the Accession Partnership Document (APD) the EU gave Turkey in November 2000. Areas in need of reform included, among other things, a re-working of Turkey's civil and penal codes; measures to provide for the equal treatment of men and women; the abolition of the death penalty, meaning assent to Protocol 6 of the European Convention on Human Rights; an end to the state practice of torture and reform related to detainees and prisoners; the expansion of cultural rights, especially in regard to Kurds; greater protections for freedom of expression and the press; an expansion of freedom for associations; and the curtailment of military power, in particular an institutional re-working of the National Security Council (NSC).
Reform did not start at rapid pace. In response to the APD, the Turkish government was required to submit its National Program for the Adoption of the Acquis (NPAA). This is the basic negotiating framework of the accession partnership. Although drafting of the NPAA had not been difficult for other candidate states, the Turkish NPAA proved especially challenging given Turkey's deep political divides and as a result it was not submitted to the EU until March 2001. Further, the NPAA was not reassuring to EU policymakers in that it failed to mention endeavors the government planned to take regarding abolition of Protocol 6, rights to broadcast in Kurdish, and the curtailment of military influence. Instead, it aggressively asserted that Turkey would consider lifting the death penalty in the medium term and that Turkish was the country's official mother tongue. However, with time, a consensus started to shape that resulted in the first large-scale reform package Turkey had passed since the 1980 coup. In October 2001, 33 articles of the Turkish constitution were amended, including its preamble. The opening of Turkey's constitution that once began with a prohibition of "thoughts and opinions" that ran contrary to the national interest was reformed to cover only "actions." Additionally, amendments were reformed to expand privacy, provide for better trials, declare the equality between men and women in marraige, grant new rights to prisoners and detainees, and allow for use of the Kurdish language outside the home. In November, the Civil Code was re-worked to provide new rights for associations, expanded rights of women in marraige, and provided a framework for children's rights.
These reforms were applauded by the European Commission's 2001 progress report and were followed up in 2002 by three reform packages to be passed in February, March, and August. The August 2002 package was the most impressive and included an allowance for broadcasting and education in languages other than Turkish, required that courts issue re-trials in accordance with judgements issued by the ECHR, granted more rights to non-Muslim minorities, more closely regulated police, and initiated piecemeal reform of its judicial and prison systems. Most surprisingly, the death penalty was aboloshed in peacetime. The elimination of the death penalty was quite controversial given that PKK leader Abdullah Öcalan had been sentenced to death in 1999 and that the only impediment to his execution was a stay that had been issued by the ECHR that Ecevit had respected in light of EU negotiations. Also significant in 2002, Turkey lifted emergency rule in the last two southeastern provinces. Emergency rule had put the largely Kurdish population of provinces in the southeast under a different rule of law and had been largely criticized by EU politicians prior to Helsinki. At the 2002 summit in Copenhagen, the European Council granted Turkey pre-accession assistance funds and finally set a date for accession talks, agreeing that talks would begin in December 2004 upon recommendation of the European Commission.
Although reform had somewhat slowed down in 2002 as a result of MHP's defiance, efforts gained momentum when AKP came to power in November. Campaigning on a pro-EU agenda, AKP secured over a 2/3 majority in the TBMM that allowed it to overcome President Sezer's veto. Reform in 2003 came in four packages passed in January, February, July, and August and was largely geared to curtail torture, improve prison conditions, grant more cultural rights to Kurds, and lift some restrictions on freedom of expression. Important among these reforms was the adoption of a zero tolerance policy toward torture (although far from implemented), and a monumental reform designed to dramatically redefine the powers of the NSC as an advisory body to the government. By the end of 2003, Turkey had far surpassed the meager promises it made in its initial NPAA. An important mark of the change was also reflected in that the new EU-issued APD of March 2003 was met with much less resistance and the July 2003 NPAA response was quite well-received, and much more in harmony with EU demands than the March 2001 NPAA. The tone of the EU Commission's 2002 progress report, documenting developments up to Sept. 30, 2003, was quite positive and cited the progress that had been made in dealing with many of Turkey's political problems as substantial in light of their sensitivity.
Reforms continued unabated in 2004 as the second national program was enacted. Significantly, one of the key priorities of the second NPAA was a wholesale revision of the Penal Code. The adoption of the new Penal Code was a particular success in that it was passed with the input of various women's groups. AKP's first draft was found too patriarchal for many women and their demands led the government to re-draft the legislation, which, in turn, resulted in a Penal Code that met with the agreement of a coalition of AKP and Kemalist politicians (see July 9 post and ). Reform also included ratification of Protocols 6 and 7 of the European Convention on Human Rights, Turkey's assent to which meant it would not apply the death penalty in war or peacetime.
Additionally, although plenty of restrictive laws remained on the books that limited participation in civil society and freedom of expression, the International Crisis Group's 2007 report noted that
"EU figures show a steady decline between 2001 and 2006 in associations or centres closed down (from 145 to six), such places raided by police (216 to 48), publications seized or banned (341 to 21) and freedom of expression cases (3,473 put on trial to 1,013). The courts still treated prosecuted torturers lightly but more governmental and media attention seemed to produce better security force behaviour."The culmination of less than three years of reform led to a momentous decision by the European Commission in October 2004 to endorse accession talks, thereby concluding that Turkey had sufficiently met the Copenhagen political criteria. However, the Commission's recommendation also warned that accession talks could be suspended in the event of persistent violation of the principles of democracy, human rights, and the rule of law. Come the European Council summit in December, Turkey was finally given a date on which it would begin accession talks in line with the European Commission's recommendation—3 October 2005.
Worthy of note is the EU's critical role in implementing reform. Although implementation of much of the reform has in some ways been lacking, continued EU monitoring and diplomatic pressure has had an important effect. Most significant in this regard are the reforms passed in regard to Kurdish "cultural rights," reforms that are expanding the space in which Kurds can hold educational courses in their own language, give their children Kurdish names, and hold cultural events such as concerts and other public gatherings. Oftentimes, local police and courts act in contradiction with the new law, but when challenged in higher courts, they are overruled and ordered to enforce the new law. Such examples demonstrate that EU support and monitoring on the implementation end is critical, as is committed support from Ankara to ensure that local authorities enforce new and unpopular law. They also demonstrate that thanks to EU backing and support, Turkish authorities are empowered to force implementation over the resistance of what is often very significant opposition (see June 14 post, "Kurds Don't Have Tails: Why I Went to Diyarbakır") .
Click here for Part II.
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