Guest Post: The Abysmal State Of Turkish Justice
January 31, 2013 § Leave a comment
Today’s post comes to you courtesy of Nick Danforth. Nick is a fellow Georgetowner and is a Ph.D. candidate in history currently spending his time in Turkey’s archives and writing his dissertation on national identity, democratization and U.S. foreign policy in Turkey in the 1940s and 1950s. Nick also occasionally writes about current Turkish politics, and is the proprietor of a geekily awesome new blog about Ottoman/Turkish/Middle East cartography called The Afternoon Map. If you have any interest at all in maps, go check it out. Nick’s post details the ways in which ideological polarization and using undemocratic means to pursue allegedly democratic ends has made for a hollow sense of justice in Turkey, and I think it is particularly timely given that these are the very same two issues currently tearing Egypt apart. Given the problems that Turkey faces on these fronts, it does not instill a sense of optimism for what lies ahead for the Arab world’s most populous country. But now for the topic at hand, which is Turkey, the AKP, and the courts:
Standing outside in the cold Istanbul rain on the 19th to commemorate Hrant Dink’s death – with a sign saying “For Hrant, For Justice” in Kurdish – it seemed like as good an opportunity as any to meditate on the frustrating contradictions of Turkish democracy.
For the uninitiated, Hrant Dink was a Turkish-Armenian journalist and champion of Armenian rights who was assassinated in 2007. After originally being content to charge Dink’s 17-year old shooter with acting alone, prosecutors recently decided that there was enough evidence to link Dink’s murder to a broader conspiracy. As with so much else related even peripherally to the sprawling Ergenokon case, the substance of the charge is perfectly plausible, even long overdue, but much else about it is suspect. That the shadowy people behind the killing had some shadowy ties to some of the other shadowy Ergenekon figures is all too likely, but it also fits nicely with the AKP’s ongoing efforts to blame every crime Turkey on its political enemies. The government continues to insist, to take only one of the most striking examples, that the brutal murder of three Christian missionaries in southeastern Turkey some years ago was not the work of radical Islamists, but a false flag operation, designed to look like just the sort of crime radical Islamists might have committed.
More broadly, while a number of people have documented the increasing mess the Ergenokon investigation has become, one of the things that makes these prosecutions both insidious and effective is that every round of arrests has included at least several figures who were almost certainly involved in plotting to topple a democratically elected government – alongside all the others whose only crime was being a little too critical. Tellingly, it was in one of the last and most suspect rounds of Ergenekon-related arrests that the government finally nabbed former Admiral Özden Örnek, whose “coup diary” remained one of the soundest pieces of evidence in the whole case.
The recent Paris murders were yet another example of the fact that, for far too many people like Dink who have been killed for being the wrong religion, the wrong ethnicity, or the wrong political orientation, no court’s verdict will ever convince more than half the population in this politicized climate. While many Kurds blame the government and the government blames rival Kurdish factions, the French police have gone so far as to speculate that it might have been nothing more than a crime of passion. Over the years, columnist Ismet Berkan has been fond of pointing out that when any incriminating evidence against one’s ideological allies can be dismissed – often rightly – as propaganda or disinformation, everyone will continue to believe their own version of the truth whatever facts emerge. On Saturday it was striking how many people were waving signs accusing the AKP of complicity in covering up the murder. When Muammer Güler , Istanbul’s mayor at the time of Dink’s death, was recently appointed Interior Minister, Dink’s lawyer called it another drop in a sea of shame.
The problem is not that people are overly susceptible to conspiracy theories (though that doesn’t help). The problem is that with the Dink case, as with the PKK murders and Ergenekon, there clearly was a conspiracy of some sort, but the Turkish political system in its current form cannot satisfactorily unravel it. Until the government gives its citizens reason to have faith in the independence if the judiciary and the independence of the press, its investigations, no matter how sincere or successful they are in any particular case, won’t convince anyone.
There are moments in conversations with AKP supporters where it seems like they are troubled by the undemocratic means their party has adopted in handling the Ergenekon case and the way this has politicized the country. Yet at the same time, many suggest that these means are justified by the historic magnitude of the problems they are trying to resolve. That is to say, some false arrests are a small price to pay for finally freeing Turkey from the grip of military authoritarianism. Unfortunately, it seems a similar – understandable but ultimately self-defeating – rationale is likely to justify the government’s heavy handed approach to resolving the Kurdish issue.
Negotiations with PKK leader Abdullah Ocalan already have already produced one striking example of questionable means directed at admirable ends. After a prosecutor called the legality of these negotiations into question and demanded that Turkish Intelligence Chief Hakan Fidan testify about them in court, the parliament speedily passed a law, recently upheld by the Constitutional Court, saying that the Intelligence Chief could only be forced to testify with the express approval of the Prime Minister.
The whole issue offers the depressing sight of arbitrary executive power pitted against arbitrary prosecutorial power, with the intelligence service a little bit closer to regaining the immunity it enjoyed in the heyday of the deep state. Where we once all hoped the AKP would steer Turkey toward a more democratic future in something resembling a straight line, Turkey now seems at best to be tacking towards that destination like a sailboat, moving closer to it in one direction and further away in another.
More depressing is the growing realization that in the coming year, the AKP will use the power it has amassed by bullying and censoring the press in order to win support for a policy of ending official intolerance and forced assimilation of Kurds. And those challenging the government by highlighting these undemocratic means will likely not be progressive liberals but the MHP, alongside the more nationalist wing of the CHP. With tolerance and minority rights ranged against against press freedom and rule of law, justice for Dink and his fellow citizens seems more elusive than ever.
A Turkish Course Correction
January 28, 2013 § Leave a comment
There were a couple of extremely consequential stories out of Turkey toward the end of last week that I didn’t get a chance to write about with the Israeli elections going on, but I would be remiss if I didn’t take the opportunity now to highlight them and comment. First was the Turkish cabinet shuffle, with the big move being the replacement of Interior Minister Idris Şahin with Muammer Güler. Şahin is about as hardline on the Kurdish issue as any Turkish government official – he referred in May to the civilians killed in December 2011’s Uludere air strike as “PKK extras” – and his sacking is important for two reasons. First, it signals that the Ocalan talks and Imralı process might actually be a real reorientation of the government’s policy and not just a ploy at running out of the clock or buying more time. Getting rid of the minister overseeing the terrorism fight who was absolutely despised by Kurdish politicians and ordinary Turkish Kurds and replacing him with someone who is likely to be a little more open to Kurdish sensitivities is an important step, and while there are concerns about Güler given his actions while governor of Istanbul, literally anyone will be an improvement over Şahin.
Furthermore, replacing Şahin with a new face in the Interior Ministry is important inasmuch as it signals a tacit admission on the government’s part that its strategy of pounding the PKK without making a real effort on the political front has been a mistake. The Imralı process also fits into this idea as well, and a new interior minister communicates a fresh start and that the old approach was not working. Prime Minister Erdoğan rarely if ever publicly admits that he was wrong, but this is as close to a public admission as you’ll see. The optics of this are important by themselves divorced from what ever actual policy emerges. By the same token, putting Ömer Çelik in the cabinet as Culture and Tourism Minister is important too as he is one of Erdoğan’s two or three closest advisers and has advocated a much more conciliatory approach than the government has adopted in the past. I expect him to be influential in the new Kurdish policy as well despite his portfolio, and his elevation to a cabinet position now is also a signal that the government has erred and that it needs to find a different formula if it wants to be successful.
The other noteworthy development last week was Erdoğan’s full about-face on the government’s assault on the military as embodied by the Ergenekon and Balyoz (Sledgehammer) prosecutions and widespread imprisonment of officers. After crowing for years about the defanging of the armed forces and how Turkey is now coup-proof, Erdoğan acknowledged over the weekend that things have gotten out of hand and said that the detention of generals is negatively impacting the fight against terrorism. As an example of just how dire the situation is, the Turkish navy now has no full admirals left after the resignation of Admiral Nusret Güner in protest over the fact that the officers under his command have mostly been arrested. There is literally nobody to fill the positions of Navy chief and fleet commander, since all that remain are vice-admirals, and there is never any way of knowing when those officers will be arrested either. While the situation is the worst in the navy, the other services are not in great shape either and have been decimated by arrests. Erdoğan now seems to realize just how out of control things have gotten, but the damage has already been done and there is no quick fix for the low army morale or the military’s readiness level. Like with the Kurdish issue, however, this is a very public admission that policy needs to change, and like the moves on the Kurdish front, this should be applauded.
While both of these developments were undoubtedly positive ones, there is some political maneuvering involved as well. As I wrote last week, the backtrack on the Kurdish policy has to be seen in context of Erdoğan’s desire to get his new constitution through the Grand National Assembly, and it seems even more clear now that he is going to turn to the BDP for support. The cabinet shuffle is all part of this longer view, and so the nakedly political angle to all of this should not be ignored. On the military issue, it’s difficult for me not to view it partially as a broadside against the Gülenists, who have lately turned on Erdoğan and the AKP. The military prosecutions have been driven by Gülenist prosecutors and judges, and when Erdoğan calls on the courts to either hand down verdicts or release the imprisoned officers, and even casts doubts on whether the accused were ever part of a conspiracy at all, you have to consider why he has suddenly decided that the Ergenekon and Balyoz investigations are a net negative rather than a net positive. There is little doubt in my mind that Erdoğan’s new position is the correct one as a matter of policy, since the government cannot be in the business of holding people on trumped up charges indefinitely – not to mention the side effect of making it far more difficult for the Turkish military to operate – but there is also an element of score settling here, with Erdoğan laying the groundwork for a possible public push against the Gülenists and the cemaat down the road. Whatever the case, it looks like from a policy perspective, 2013 is going to look a lot different than 2012 did in Turkey.
Guest Post: The Foreign Policy Implications Of The Ocalan Talks
January 21, 2013 § 3 Comments
The always excellent Dov Friedman needs no further introduction at this point to O&Z readers (his previous guest posts are here, here, and here), and he weighs in again today to look at the foreign policy angle to the talks between the Turkish government and imprisoned PKK leader Abdullah Ocalan, and to point out that we have seen a similar dynamic before under the AKP.
On Wednesday, Michael discussed the underlying political reasons for Prime Minister Erdoğan’s sudden about-face on the Kurdish Issue. In short, Erdoğan can count votes. Both the nationalist MHP and some members of Erdoğan’s own AK Party oppose his desired expansion of presidential power in a new constitution. A settlement of the Kurdish Issue that rewrites the constitution’s definition of citizenship and codifies primary language education rights would likely draw support from the heavily Kurdish BDP. The same revised constitution could also include provisions for a stronger presidency—or such is the Prime Minister’s hope. It may be a long shot, but it may also be Erdoğan’s only shot.
Though domestic politics may have spurred Erdoğan to act, we should not overlook the foreign policy impetus for a new Kurdish Opening. It will affect Turkey’s relationship with both the Kurdistan Regional Government (KRG) in northern Iraq and Maliki’s Baghdad regime. It may also have deep implications for Turkey’s regional stature.
After years of hostility between Turkey and the KRG, Turkey wisely corrected course and fostered closer relations with the self-governing enclave. Meanwhile, Maliki’s government and the KRG have become increasingly oppositional, with the rich oil deposits in the disputed Mosul and Kirkuk regions a key point of contention. Despite stipulations that oil revenues are a national issue under Baghdad’s purview, Turkey has facilitated the KRG’s nascent efforts to open an independent revenue stream from fossil fuels. Naturally, Baghdad is livid, and tensions between Turkey and Maliki’s government have understandably risen. The Ankara-Baghdad divergence on the Syrian conflict certainly has not helped matters.
Turkey assists the KRG because it stands to gain tremendously from the development of Kurdish Iraq into an energy power. The KRG is landlocked; Turkey presents its most natural geostrategic outlet to world markets. The infrastructure already exists in the form of the Kirkuk-Ceyhan pipeline. In 2012, the KRG inched toward energy—and some would argue political—independence by signing independent exploration contracts with some of the world’s largest oil companies. By transporting KRG oil and gas from its port in Ceyhan, Turkey would transform itself into a major energy hub—with huge economic ramifications for Turkey’s underdeveloped southeast and political implications for the country as a whole.
That the Kirkuk-Ceyhan pipeline is a tremendous political asset doubles as the reason it has become a particularly appealing target for Turkey’s militant Kurdish insurgency, the PKK. In 2010, despite relative calm, PKK operatives bombed the pipeline. The same thing happened in July of last year. In October 2012, rebels bombed a pipeline bringing natural gas from Iran. In absence of a government initiative to solve the Kurdish Issue, these periodic attacks would likely persist. Turkey knows—as does anyone engaged in commerce—that volatility and uncertainty are bad for business.
In light of the dual domestic and foreign policy ramifications, Erdoğan’s abrupt shift toward finding a solution to the Kurdish Issue makes sense. The question becomes: will Erdoğan strike a deal with the Kurdish opposition?
Remarkably, the opening of EU accession talks in AK Party’s early years bears similarities to the present Kurdish Opening. After AK Party took power in 2002, it still faced a secular establishment suspicious of its intentions and a military that had unseated the previous Islamist government in 1997 and banned it from politics. AK Party made opening EU accession talks its first major policy initiative, and Turkey earned a December 2004 date to formally commence the process. At the time, the foreign policy ramifications were massive. Turkey had kept one foot in Europe for decades without being permitted all the way in. This was Turkey’s opportunity to permanently reinforce its unique geopolitical identity.
However, benefits to foreign policy were not Turkey’s only—or even primary—concern. First, the AK Party’s EU stance was a political winner. Kemalists, Kurds, and liberals all supported the process, each for different reasons. Second, in order to open accession talks, the EU required Turkey to implement political reforms that weakened the military’s role in politics. The National Security Council transitioned from foreign policy arbiter into an advisory role.
In 2002, Erdoğan pursued a foreign policy of EU accession that doubled as stealth domestic policy. AK Party shored up its liberal credentials while the military zealously agreed to its own subtly diminished power.
Perhaps 2013’s Kurdish Opening is the mirror image. Undoubtedly, Erdoğan wants to be president with vastly increased power. That is the obvious way to read his sudden shift on the Kurdish Issue. Focusing merely on the constitutional implications yields pessimism—who can trust progress hinging on Erdoğan’s cynical calculus about how to retain power.
That is why ignoring the potential foreign policy benefits of the Kurdish Opening would be a major mistake. In 2002, Erdoğan demonstrated that policies with tangible potential gains in both the foreign and domestic spheres intrigued him and garnered his strong support. It is far too soon to predict whether the Kurdish Issue will be solved; however, early AK Party history may provide reason for a small measure of hope.
