Tuesday, July 21, 2009

EU Visas to Non-Muslim Countries Raises Ire of Some Turks

From Today's Zaman:
The European Union's new visa regime, which will allow visa-free travel for citizens of Macedonia, Montenegro and Serbia within the EU while excluding Muslim Bosnians and Kosovars, as well as citizens of predominantly Muslim-populated Albania, has had repercussions in EU candidate Turkey as well, where a skeptical public now tends even more to think that the EU is a "Christian club."

The EU announced the new proposal -- which will allow the citizens of Macedonia, Montenegro and Serbia to travel to EU countries without needing a visa starting from Jan. 1, 2010, if all 27 member states give their approval -- on Wednesday. The European Commission's proposal excluded three other Balkan countries which have Muslim-majority populations, Bosnia and Herzegovina, Albania and newly independent Kosovo.

Randomly surveyed by Today's Zaman, residents in the capital of Ankara said the move was not surprising because the EU is a Christian club and favors Christians over others.

Galip Bayar, 70, a bookstore owner, said the EU's latest move is indubitably religious discrimination. “It is obvious that there is an anti-Muslim sentiment within the EU, both at the societal and the political level. This directly translates into discrimination against Muslims in terms of policies as well as social practices. This situation should be known by all. We are respectful of their beliefs and never argue about these beliefs with them. We simply accept them as they are, but what we receive in return is really not an equal level of tolerance,” he said with frustration. Nafiye Erten, 55, a housewife, said she completely agreed with Bayar and added that there are very few reasons to believe that the EU is neutral to the adherents of all religions.
Click here for full article. For a particularly scathing commentary on the visa regime decision, see Milliyet columnist Emre Kızılkaya's response.

Many opinion leaders have expressed particular anger at the admission of Serbia, a country with a strong sense of ethnic-based, and to some degree Christian, nationalism. As Hajrudin Somun, former ambassador of Bosnia and Herzegovina to Turkey points out, the EU's decision regarding Serbian visas will allow Bosnian Serbs to travel through Europe freely. Bosnian Croats (Christians) are already able to travel freely, meaning that Bosniak Muslims will be the only citizens of Bosnia-Herzegovina not allowed this privilege. While some politicians' view that Serbia must be allayed to keep it from gravitating toward Russia no doubt had an impact on the EU's decision, it does mean that some Serb genocidaires will be able to enter Europe without delay, a freedom not yet enjoyed by their Bosniak Muslim victims.

Turkey has enjoyed a Customs Union with the European Union since 1995 (though still refusing to open its ports to Cyprus) and is now the only country with an accession partnership whose citizens are not allowed to travel freely in Europe. Croatia already enjoyed this status, and Macedonia's inclusion in the visa-free zone, despite European concerns about corruption and organized crime in the country, now leaves many Turks feeling like they are out in the cold.

Sunday, July 19, 2009

Diyarbakır's Demirtaş Aims to Protect Women


From Bianet:
Abdullah Demirtaş, mayor of the Sur municipality in the southeastern city of Diyarbakır, has collaborated with Vezir Perişan, president of the Diyarbakır branch of the trade union for municipal workers (Belediye-İş) in order to implement a collective labour agreement that includes sanctions against domestic violence.

According to this new labour agreement, which was amended on 1 July, municipal staff who treat their spouses or children violently will have half of their wages deducted, and it will be paid to the spouses. In addition, any payments due to an employee on resignation will also be paid to the spouse. Should a person have contracted more than one marriage (i.e. one official and other religious marriages), the payments will be made to the officially married spouse.
Demirtaş' labor plan also encourages municipal employees to learn other languages, including English, Armenian, and Kurdish (both Kurmanci and Zaza). Kurdish-speaking women have long been disadvantaged since several speak little to no Turkish and have difficulty attaining municipal services. Inability to speak Kurdish exacerbates problems of domestic violence. The New York Times Magazine ran a profile of the mayor in February 2008.

TESEV Releases 2006-2008 Security Almanac

From Hürriyet:
’Almanac Turkey 2006-2008: Security Sector and Democratic Oversight’ focuses on information about the security sector as a whole in Turkey and aims to accumulate information for civilian surveillance of the sector. Funded partially by the European Commission, the almanac includes an extensive scan of documents and legislation.

Tension is racking the heated political agenda in light of debates over curbing the influence of the military in politics. In a recent study the Turkish Economic and Social Studies Foundation, or TESEV, concluded that there is no improvement but a regression on the civilian control of the security sector since 2005.

Released in a panel Wednesday at Conrad Hotel, "Almanac Turkey 2006-2008: Security Sector and Democratic Oversight," aims to provide information about the security sector in Turkey for strengthening civil supervision over the sector. The almanac’s articles examine the relations between civilian and security institutions, as well as the security perception of civilian institutions. It also includes widespread scanning of security documents, laws, media stories and analysis.
For the complete TESEV report, click here. There is an introduction in English.

In the Eurasia Daily Monitor, Lale Sarııbrahımoğlu offers further analysis of the report.

Gül Vetoes Private Labor Employment Bill

From Bianet:
The International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM) lodged strong protest early this week demanding Turkey President Abdullah Gül veto a bill giving "Private Labour Offices" broad rights to place temporary workers in enterprises. On 9 July, President Gül did veto the bill, and now the ICEM demands the Turkish Parliament not bring it back.

. . . .

Mustafa Kumlu, President of the Confederation of Turkish Trade Unions (Türk-İş), said accurately it would render existing mechanisms between unions and government useless. Kumlu, an ICEM Executive Committee member, said "social rights, social security, and other benefits" would disappear under this legislation.
For full article, click here. For coverage of ICEM's meeting in TDZ, click here.

Mistaken Moustache Leads to Lawyer's Targeting


From Hürriyet:
The Ankara lawyer in trouble for hanging a photo of his father, which police believed was a photo of the outlawed Kurdistan Workers’ Party, or PKK, leader, has instead been charged for possessing a photo of his sister at a rally.

The police investigation in the Gölbaşı region of Ankara started with a tip that said the lawyer had hung Abdullah Öcalan’s photo in his office right next to a photo of Turkey’s founder Mustafa Kemal Atatürk.

Police officers raided the lawyer’s office March 26. Ignoring the lawyer’s explanation that the photo was of his father, who had died in 1993, officers noted in their report that Öcalan’s photo could be seen right next to Atatürk’s on the office wall.

The police report was submitted to the local prosecutor, who filed a charge that the lawyer was guilty of “possessing terrorist propaganda.” The local prosecutor initiated an inquiry, ordering a search of the office April 7. The same day, the lawyer was detained by police in court while he was awaiting trial.

Conservative Vakit Causes Firestorm Outside Topkapı

From Jenny White at Kamil Pasha:
On the evening of July 11, the world-renowned classical pianist Idil Biret and the Whitehall Orchestra performed at the Topkapi Palace, one of the early palaces of the Ottoman Empire, now a museum that contains the artifacts of empire — among them the Ottoman crown jewels and important Islamic relics. For decades parts of the palace, especially the vast courtyards, have been the site of world-class music concerts. The day before, a far-right Islamist newspaper Vakit had fomented against the fact that alcohol was to be served at this concert in the hallowed halls of an Ottoman palace in proximity to the relics and at a time of concern for outrages against the (Muslim) Turkic Uighurs in China. A group of fifty to a hundred protestors led by an ultranationalist group called the Alperenler Hearth rampaged in front of the concert doors, calling out Allahu Akbar and tearing down and burning the concert posters. They knelt on a Turkish flag (the Vakit account states they knelt on an Alperen flag) to pray. The show went on as planned, but the performers had to escape out the back door. The Alperenler crowd, held in check by the police, then made its way through local neighborhoods shouting Allahu Akbar.
For full post with analysis, click here.

Sunday, July 5, 2009

An Imam, a Priest, a Rabbi, and a Buddhist Monk . . .

From the Guardian's Robert Tait:
It sounds like the beginning of a joke: what do you get when you put a Muslim imam, a Greek Orthodox priest, a rabbi, a Buddhist monk and 10 atheists in the same room?

Viewers of Turkish television will soon get the punchline when a new gameshow begins that offers a prize arguably greater than that offered by Who Wants to be a Millionaire?

Contestants will ponder whether to believe or not to believe when they pit their godless convictions against the possibilities of a new relationship with the almighty on Penitents Compete (Tovbekarlar Yarisiyor in Turkish), to be broadcast by the Kanal T station. Four spiritual guides from the different religions will seek to convert at least one of the 10 atheists in each programme to their faith.

Those persuaded will be rewarded with a pilgrimage to the spiritual home of their newly chosen creed – Mecca for Muslims, Jerusalem for Christians and Jews, and Tibet for Buddhists.

The programme's makers say they want to promote religious belief while educating Turkey's overwhelmingly Muslim population about other faiths.

"The project aims to turn disbelievers on to God," the station's deputy director, Ahmet Ozdemir, told the Hürriyet Daily News and Economic Review.
For full article, click here. Tait has an audio commentary available here.

Thursday, July 2, 2009

Mor Gabriel Case Raises Questions About Syriac Minority


A dispute over the land rights of a Syriac Christian monastery, Mor Gabriel, has spurned a series of controversial law suits, yielding differing rulings over the monastery's rights to the land surrounding it. The case of Mor Gabriel's land rights is not simple, and involves a redrawing of the monastery's boundaries as part of a larger 2008 effort to update the national land registry --- part of a cadastre modernization project in compliance with EU instructions. The monastery is located in the Midyat district of Mardin province, a heavily Kurdish area that was once home to a diverse population of Kurds, Syriacs, Armenians, and Turks. Turkish authorities and the three villages in opposition to Mor Gabriel's redrawing -- Çandarli, Yayvantepe and Eglence -- claim that the new boundaries correctly adjust lands that were wrongly apportioned to Mor Gabriel 15 years ago. The case is significant in that it highlights tensions between Syriacs, their largely Kurdish neighbors, and the Turkish state.

Syriac Christians have long been disciminated against by the Turkish state. Not recognized as a minority under the Treaty of Lausanne, which granted minority rights to Greek and Armenian Christians, the Syriacs are afforded little protection as a group. Largely as a function of the dispute, villagers surrounding Mor Gabriel have complained that the monks are proselytizing to their children, referring to them as "missionaries" and stirring up a good bit of bad feeling. Though members of the Kurdish DTP have tried to reach out to the Syriac community in recent years, the Mor Gabriel case reflects extant tensions between the two groups -- the Kurds having their own disputes with the state.

The most recent ruling came from a Midyat court on May 22 and found in favor of the villagers. The monastery won its challenge to the redrawing in January, and plans to appeal the most recent ruling to the Supreme Court of Appeals. If the Supreme Court of Appeals rules affirms the Midyat court's decision, the monastery has said it will take its case to the European Court of Human Rights.

Some background from Today's Zaman:
In the name of Turkey’s strict secular laws, authorities have over decades expropriated millions of dollars worth of property belonging to Christians. Syriacs, Armenians and Greek Orthodox Christians -- remnants of the Muslim-led but multi-faith Ottoman Empire -- are viewed by many as foreigners. Syriacs are one of Turkey’s oldest communities, descendants of a branch of Middle Eastern Christianity. These Christians, united by a language derived from Aramaic, are split into several Orthodox and Catholic denominations.

There were 250,000 Syriacs when Mustafa Kemal Atatürk founded Turkey after World War I from the ashes of the Ottoman Empire. Today they number 20,000. Syriacs migrated throughout the 20th century to Europe, fleeing first persecution by the new secular republic and later to escape violence between Kurdish separatist terrorists and the Turkish military in the Southeast.

A local prosecutor in August 2008 initiated a separate court case against the monastery after mayors of three villages complained the monks were engaged in “anti-Turkish activities” and alleged they were illegally converting children to the Christian faith. Monks say the mayors are instigating anti-Christian feelings by accusing Mor Gabriel of being against Islam. Villagers in neighboring Çandarlı, a settlement of 12 humble houses with no paved roads, said they had nothing against Christians and accused the monastery of taking land they need for cattle.

“There is a continued campaign to destroy the backbone of the Syriac people and close down the monastery,” said Daniel Gabriel, director of the human rights division of the Syriac Universal Alliance, a leading Syriac group based in Sweden. “These proceedings cannot take place without the sanction of the Turkish government. If the government wanted to protect the Syriac Christian community, it would stop this case,” he said.

Many churches and monasteries in southeast Turkey -- known to Syriac Christians as Turabdin or “the mountain of worshippers” -- are now abandoned and in ruins. “You need people to have a church. Without the community, the church is only a building,” said Saliba Özmen, the metropolitan, or bishop, of the nearby city of Mardin.

The Conference of European Churches, a fellowship of 126 Orthodox, Protestant, Anglican and Old Catholic churches from European countries, has said it is “deeply concerned about the threat to the survival of the monastery.” The group has raised the issue with the EU and Turkish officials. Considered the “second Jerusalem” by Syriacs, Mor Gabriel was built in A.D. 397 near the border of today’s Syria and Iraq.

The ocher-colored limestone building has seen invasions by Romans, Byzantines, Crusaders and Muslim armies and the monastery was once raided by the Mongol leader Tamerlane. After falling into disuse, Mor Gabriel was revived in the 1920s and today teaches the Syriac faith and Aramaic language to a group of 35 boys, who live and study at the monastery. By law, Syriacs must attend state schools where teaching is in Turkish, but they can be taught about their own language and religion outside school hours.
The land rights case made its way into the U.S. Commission on International Religious Freedom's annual report on Turkey, and could well make its way into the EU progress report.

As some Syriacs have returned to their lands following the bloody war between the Turkish military and PKK insurgents in the 1990s, such disputes have become fairly commonplace. Being a monastery, however, the Mor Gabriel case raises specific questions about religious minorities in Turkey. The monastery has paid taxes to the Turkish state since 1938.

Tuesday, June 30, 2009

Child Labor Persists in Turkey, Deepens Gender Divide

The International Labor Organization (ILO) published its annual report on child labor last month. From Bianet:
According to the report, Turkey is the third among the sixteen countries studied in terms of the hours that child labourers work. Only following Mali and Senegal, girls in Turkey aged 5-14 work around 30 hours a week, while boys work over 25 hours.

The average for the sixteen countries is 20.2 hours for girls and 19.2 hours for boys.
According to 2006 data published by Bianet, around one million children in Turkey are working.

Child labor in Turkey has long been considered a problem (click here for an article from Today's Zaman), and the report is significant in drawing specific attention to the gender divide in childhood education. While Turkey is a member of the Organization for Economic Cooperative Development (OECD), the eastern regions of the country lag far behind the much more developed west. While attempts have been made in recent years to address persistent poverty in Turkey's eastern regions, especially the Kurdish southeast, more could be done from a human rights angle in terms of ensuring that children be sent to school, especially young girls. Conditional cash transfers have proved moderately effective in addressing social problems associated systemic poverty, and hopefully the policy suggestions of the ILO will lend policymakers additional guidance.
A report published in Turkey on 11 June, produced by the Educatino Reform Initiative (ERG), there are 220,000 children aged 6 to 13 who are not registered for education in Turkey. Of these, 130,000 are girls, and 90,000 boys. Around 100,000 of the children not being educated are from central Anatolia and the southeast of the country. In addition, there are children who are not even registered as born, and have thus not been counted.

If a household is attached to a social security institution through work, this increases the probability of a child attending middle school (years 6-8) by 15 percent. However, around 54 percent of urban families have no steady income. This rate is at 84 percent in Gaziantep and 91 percent in Diyarbakır, in the southeast of the country.

At higher levels of schooling, the number of girls drop. While there are 96 girls to every 100 boys in primary 1, there are only 91 girls in 8th grade.

According to the child labour report of the Turkey Statistical Institute (TÜİK), six percent of Turkey's 6-17-year-old population is working. 66 percent of these are boys, and 34 percent girls. 41 percent work in agriculture, 28 in industyr, 23 in trade and 9 percent in the service industry.

The TÜİK report also warns that forcing children to work obstructs their education and calls for an integration of all children into the education system. (TK/AG)
DTP MP Sevahir Bayındır from Şırnak (in the southeast) recently proposed a parliamentary investigative commission be set up in response to the report. According to Bayındır,
As long as children are pushed out of education, child labour will continue. Because there are no up-to-date data showing that child labour in Turkey is decreasing, there is no wide-ranging data on child labour. There need to be policies and programmes created to solve the problem, and there needs to be research to obtain indepth information.

Child labour needs to be treated as a social problem, and mechanisms to collect data and monitor child labour need to be created urgently. The worst kinds of child labour need to be abolished, and an investigative committee needs to be formed in order to solve the problems of children working under the worst conditions in industry and agriculture.

Rural-urban migration, related adaptation problems and the industrialisation of agriculture have all put child labour onto the agenda. Families let their children work in the streets in order to raise their income. The underlying reasons for child labour are poverty, migration, traditional family structures, lack of education, unemployment, demand for cheap labour, insufficient work regulations and lack of implementation of existing regulations.
The ILO report can be downloaded here.

Halki Seminary Could Be Reopened Soon

(updated below)

From Hürriyet:
The Halki seminary on the island of Heybeliada is to be reopened, Culture Minister Ertuğrul Günay said, adding that they are searching for a formula to integrate the Orthodox theological school into Turkey’s university system. "Although we have not finalized a decision in the Cabinet, my personal impression is that we are going to open the seminary," said Günay, speaking on Kanal 24 television over the weekend.

Recalling that the functioning of the Halki seminary is not compatible with the Turkish university system, Günay maintained that work is underway to find a formula for its status. He explained that the question is whether the seminary would function like a university, which then has to be integrated into the Turkish university system, or if it would function like an autonomous private high school.

One of the latest proposals was for the seminary to become a private university under the auspices of a foundation, such as how Koç University was established under the auspices of the Vehbi Koç Foundation. The Heybeliada University would be set up under the Ayatriada Foundation with the patriarch chairing the latter and people with Turkish citizenship making up the rest of the board. However, the patriarch has rejected the idea.

The expectation of the reopening of Halki Seminary, which has been closed since 1971, has been long spelt out by the European Union in the course of entry talks and was lately expressed by U.S. President Barack Obama during his visit to Turkey in April.

State Minister and Chief Negotiator Egemen Bağış said that reopening Halki Seminary was a domestic issue for Turkey, in an interview with the Greek daily Kathimerini, reported the Anatolia News Agency on Sunday.

"Turkey needs to address the religious needs of the Orthodox community as well as Greece needs to address the needs of the Turkish community in Western Thrace. These are domestic matters for both countries," said Bağış. Although the reciprocity principle is not a must, both countries must tackle the problems simultaneously Bağış underlined.
Reciprocity on minority rights issues in relation to the Greek community has long been seen as an international issue dependent on Greece lessening restrictions it imposes on Turkish minorities. CHP and MHP opposed amendments to the Foundations Law last year on these grounds. For more on the history of the seminary, click here.

UPDATE 7/21 -- In a six-day visit to Turkey, Thomas Hammarberg, the human rights commissioner of the Council of Europe, met with Justice Minister Egemen Bağış and EU negotiator Egemen Bağış. Halki was brought up in the meetings. From TDZ:
In a six-day visit to Turkey, during which Hammarberg was received by President Abdullah Gül and met with Justice Minister Sadullah Ergin and chief EU negotiator Egemen Bağış, the human rights commissioner also raised the controversial issue of reopening the Halki Seminary. Asked whether he had the impression that the school would be opened soon, Hammarberg said: “Yes, clearly. There is no firm decision taken yet, but the way we discussed this matter clearly indicated that there is openness now. Hopefully the majority of the population will accept this to be the right way to go ahead. It will be decided before Istanbul assumes the title of Cultural Capital of Europe in 2010. My guess would be before the end of 2009 […].”

Parliament Passes Military Courts Reform

(updated below)

On Friday night, the Turkish Parliament passed an amendment to the Turkish Code on Criminal Procedure (CMK) that allows civil courts to try members of the armed forces who are accused of crimes --crimes involving threats to national security, constitutional violations, the organization of armed groups, and attempts to topple the government in peace time. From Hürriyet:
A legislation restricting the powers of military courts, a long-standing European Union demand, was passed in Parliament in a last-minute late night meeting Friday. The legislation passed at 1:30 a.m. Saturday with the participation of a small number of opposition deputies. The opposition parties remaining silent during the session through the early hours of Saturday have led to interpretations that the legislation went unnoticed by the opposition parties. Parliament Speaker Köksal Toptan said he didn’t know about the legislation while CHP leader Deniz Baykal Sunday described the move as a kind of "midnight coup."
In Kocaeli on Sunday, Prime Minister Erdoğan defended the legislation, averring that there was nothing tricky about the vote and that it was made in efforts to meet EU standards pertinent to civil-military relations. Erdoğan also accused Baykal and the CHP of hypocrisy, pointing to Baykal's support -- expressed last week -- of a repeal of Article 15 of the Turkish Consitition, which grants immunity to plotters of the 1980 coup. That change in the law would pave the way for General Evren and others to be tried in civilian courts for their actions.


UPDATE 6/30 -- The CHP has announced that it will petition the Constitutional Court to annul Friday's amendment as unconstitutional. The CHP is arguing the amendment contradicts Article 145 of the Constitution, which declares that the military judiciary is responsible for cases within the military. The MHP is backing CHP on the issue.

Saturday, June 27, 2009

Şener Trial Raises More Questions About Press Freedom

Nedim Şener, a columnist for Milliyet, faces a 28 year sentence for publishing a book documenting negligence of municipal police, the gendarmerie, and the Turkish secret service prior to the murder of rant Dink in January 2007. Şener's book, The Dink Murder and Intelligence Lies, was published in January, after which a police officer working in in the intelligence unit in Trabzon filed a complaint against Şener alleging the journalist had violated Turkish law by "targeting personnel in service of fighting terrorism, obtaining secret documents, disclosing secret documents, violating the secrecy of communication and attempting to influence fair trial." From Hürriyet:
After the investigation’s end, Prosecutor Selim Berna Altay charged Şener with "making targets of the personnel in service of fighting terrorism, and obtaining and declaring secret information that is forbidden to be declared," asking for a prison term of 20 years. Since they do not fall under his authority, Altay sent the dossier on "violation of the secrecy of communication" and "attempting to influence fair trial" to the Istanbul Second Court. In the meantime, it was also claimed the book contained the offense of "insulting governmental institutions," and that too was added to the second investigation. Prosecutor İsmail Onaran handled this investigation and filed a second case against Şener asking for his imprisonment for three to eight years.
Ogün Samast, the man charged with pulling the trigger in the Dink murder, faces a 20 year sentence by comparison. Some of the intelligence officers who have been made plaintiffs in the case against Şener are facing charges in relation to their negligence in the Dink murder in Trabzon.

The Council of Europe and the Organization for Security and Cooperation in Europe (OSCE) has condemned the trial as a violation of press freedom guaranteed in OSCE countries. In a letter to Foreign Minister Ahmet Davutoğlu, Miklos Haraszti, the OSCE Representative on Freedom of the Media, asked Turkish authorities to drop the charges.
Şener is prosecuted in defiance of freedoms that both OSCE commitments and Council of Europe standards grant to critical publications . . . . What he did was critically assess the events leading up to Hrant Dink's murder, and the deficiencies afterwards in the handling of the case and in the prosecution of the perpetrators.
Şener faces charges of violating state secrecy laws -- which he denies, claiming information he attained can be accessed via the Internet -- and for attempting to influence the judiciary, a charge under the Turkish Penal Code that has been levelled against numerous dissidents of state action. Milliyet editor Sedat Ergin has stood solidly beside Şener throughout the proceedings.

Yigal Schleifer writes
Although Şener may not be convicted, the fact that a prosecutor decided to press ahead with the case is very troubling, the message of the prosecution appearing to be that even publishing the truth can be a punishable offense. The case also serves as another indication that, despite training programs for prosecutors and judges and efforts at reform, Turkey's judiciary main concern remains protecting the state and its institutions, rather than safeguarding the rights of individuals.

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:
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.

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."
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.

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, February 11, 2009

A Stalwart in Brussels


CHP opposition leader Deniz Baykal met with EU officials in Brussels today and yesterday, re-affirming CHP's support for Turkey's EU accession bid in front of local elections. However, as Bülent Keneş commented yesterday, such attempts by CHP should and will be met with proper skepticism by EU officials. Since AKP's election in 2002, Turkey's "secularist" party has resisted adopting large swaths of the EU acquis, the framework under which Turkey proposes to bring its policies in line with that of the European Union so as to be eligible for membership. Lest it be forgotten, CHP fought tooth-and-nail last year against even the slightest revision to the Turkish Penal Code's infamous Article 301, resisted revision to the Foundation's Law, and supported the closure case brought against AKP. Indeed, it was just last April that Baykal threatened to walk out of an address given by EU Commissioner José Manuel Barroso should the Commissioner even broach the issue of AKP's closure, which the EU monitored carefully.

In a meeting with Turkish journalists, Baykal defended his opposition to TRT-6, re-stating familiar rhetoric about the "inequalities" and ethnic strife the channel will leash upon an otherwise healthy and unitary Turkish nation. Kurdish language broadcast rights have long been demanded by the EU, and Baykal's recalcitrant stance, shaky reasoning, and refusal to deal with reality are unlikely to bolster CHP's standing with EU officials. Additionally, Baykal maintained strong positions on Cyprus and overhaul of Turkey's military constitution, all the while demanding the EU treat Turkey and CHP fairly. As of late, AKP politicians have increasingly sounded similar tones of righteous indignation at the pace of the EU process, giving CHP room to pick up the EU reform mantle and out-do AKP at its own pro-Europe game. Alas, opportunities missed and absent any signal that CHP is willing to reverse past resistance to EU-inspired reform, CHP's pro-Europe rhetoric rings hollow, the cogency of Baykal's arguments belied by his party's policies.

A Bridge Between Washington and Tehran?

President Ahmadinejad's proclamation that Iran is "ready for dialogue" with the United States, though contingent upon a "fundamental" change in U.S. policy, marks a softening shift in rhetoric coming from Tehran. Ahmadinejad's statement followed a similar declaration made by President Obama, who expressed his hope for rapprochement with Iran should it "send some signals that it wants to act differently." Though which leader will take the first step in this "sending of signals" is still very much up in the air, there is a possibility of Turkish mediation once again entering into the picture.

In November, Prime Minister Erdoğan told the New York Times' Sabrina Tavernise that Turkey wants to facilitate talks between the two countries. The U.S.-Iran mediation scheme falls amidst a host of other attempts by Turkey to demonstrate its soft power. While Turkey fears a nuclear Iran on its borders, trade between both countries has grown in recent years and diplomatic relations tightened. And, though it is unlikely that Turkey will play the role of the interlocutor it desires (see Schleifer, EurasiaNet, Nov. 21), especially given the increased angst of Washington policymakers in the wake of Davos, it will be interesting in the weeks and months ahead to see just how Turkey responds to new diplomatic opportunities born from the changing relationship between Washington and Tehran.