Is This What A Presidential Takeover Looks Like?

February 5, 2015 § 7 Comments

For political scientists interested in political development, it is in many ways more interesting to study why democracies break down than how democracies form. After all, the best predictor of whether a state is democratic at any given time is whether the state was a democracy previously, so delving into how and why authoritarian reversals occur is a fun field (for a deep dive into the subject, Jay Ulfelder does really good work, such as this). Democratic breakdowns come in a few flavors, but the two most common are military coups and incumbent takeovers (this latter category being when an elected government undermines democracy and the future electoral process). Writing in the British Journal of Political Science last year, Milan Svolik compellingly argued that we should be paying attention to the different categories of breakdown because doing so can give us a sense of where a state might be heading before breakdown occurs. The most interesting insight in Svolik’s article to me was his contention that democracies consolidate against military coups but not against incumbent takeovers. In other words, as a democracy ages and democratic rule becomes institutionalized, the risk of a military coup occurring substantially decreases at some point (according to Svolik, this happens somewhere between the 17th and 26th year of democratic government), but the risk of an incumbent takeover does not decrease. He also points to factors that make incumbent takeover a greater or lesser possibility, with a presidential system ten times more likely to break down than a parliamentary or mixed system, while having a history of past military rule makes incumbent takeover less likely because, in Svolik’s words, “In a democracy that lacks a history of military rule, an incumbent may succeed in accumulating enough power to subvert democracy, especially if aided by a presidential constitution and natural resources. But in a democracy that was preceded by a military dictatorship, these factors may be insufficient for a successful incumbent takeover because any such attempts will be preempted by a military coup.”

Why do I bring any of this stuff up? Because various happenings in Turkey make it look like the country is dangerously on the brink of an incumbent takeover, and Svolik’s piece is a useful guide in assessing what might be going on. It will come as no surprise to anyone who regularly reads this blog (or really anyone who keeps on top of international news) that things in Turkey have been going downhill for awhile. The question is not whether Turkish democracy has suffered, since it unquestionably has, but rather at what point do we cease talking about Turkey as a democracy and call it a flat out authoritarian state. I have never liked terms like illiberal democracy or quasi-democracy or troubled democracy, since I think of democracy similarly to the way I think about pregnancy: either a state is a democracy or it isn’t. Just as you can’t be sort of pregnant, you can’t be sort of democratic. So if Turkey has ceased to be a democracy, how will we know and what will that reversal look like?

My friend and erstwhile co-author Steven Cook has a piece in Politico comparing Tayyip Erdoğan’s rule to that of patrimonial Arab dictators, and laying out the ways in which Erdoğan has accumulated power and dominated politics. I’d add that since assuming the presidency, Erdoğan has done so in ways that subvert the Turkish constitution by taking over powers accorded to the prime ministry without formally amending the constitution. While it is true that the president has the constitutional power to preside over a cabinet meeting if he so chooses, this power is supposed to be reserved for extraordinary situations such as wars or other crises. And yet, there was Erdoğan last month chairing a meeting of the cabinet and purposefully not ruling out doing so again. Erdoğan has assembled a shadow cabinet of advisers around him that in many ways mimic Turkey’s actual cabinet, and he has asserted himself in all sorts of areas that are reserved for the prime minister. The biggest power play was actually symbolic but spoke volumes, when Erdoğan announced that Prime Minister Davutoğlu was to reside in the Çankaya presidential palace because Erdoğan was taking for himself the newly built, monstrously large palace that had been intended for the prime minister.

There is no question that Erdoğan is amassing power in what are unprecedented ways for Turkey since the death of the unapologetically all-powerful founder of the Turkish Republic Mustafa Kemal Atatürk. As former AKP parliamentary foreign affairs chief Suat Kınıklıoğlu writes, “Not a day goes by when our president is not to be seen on television, sometimes three times a day. Close to a dozen TV channels broadcast his speeches live. Even a prominent music channel cuts its broadcast and televises the speech. Total control. It is rather ironic to see how a political movement that aspired to break the authoritarianism of the old order has come to establish an even more effective authoritarian regime itself.” Everyone knows what is going on, as it is taking place in broad daylight and over the vociferous opposition of anyone not connected to the AKP. It is also in many ways completely and unabashedly shameless. Look at the government’s takeover of Bank Asya just yesterday, for example, which everyone knows is being done to punish Erdoğan’s current designee as Public Enemy Number One, Fethullah Gülen. The Gülenists in Turkey have hounded their own enemies for years, and their anguished cries of complete innocence are laughable, no matter what Gülen himself claims in the opinion pages of the New York Times (for a pitch perfect takedown of the op-ed, look no further than Claire Berlinski’s rejoinder to Hocaefendi yesterday). Nevertheless, whatever the Gülenist movement’s actual sins, nobody credibly believes that the “Bank Asya decision has no political dimension, it is a completely legal decision,” as Davutoğlu claimed with a straight face. This is a bill of attainder, pure and simple, and the fact that the people and institutions being targeted are themselves unabashed power-grabbers who subvert Turkey’s legal system for their own ends does not make the government’s actions democratic or legal. In a more candid moment, Davutoğlu said at a political rally yesterday that he doesn’t see why a religious movement needs a bank. Neither do I, but two wrongs don’t make a right.

The reason Svolik points to presidential systems as being prone to takeover is because presidential systems can be dangerous. The United States is a remarkable exception to this rule, but new democracies largely try to avoid them these days because of their instability. The only presidential democracy with an extended history of constitutional continuity is the U.S., and parliamentary democracies generally last more than three times as long as presidential democracies. A presidential system promotes a strong figure at the top of the food chain with an independent power base, which can be dangerous in divided societies or states without countervailing strong legislative and judicial institutions. Part of the argument against presidential systems comes from a sort of selection bias, in that they were adopted (and failed) in states where the conditions made them especially prone to failure, but the numbers also back up the fact that they lead to more short-lived democracies. Yet, just yesterday Davutoğlu had the following to say: “There is an argument that the presidential system will create authoritarianism. What’s your proof for that?  Those who have little knowledge of politics and political science know that democracy is implemented both under presidential and parliamentary systems. These are both described as democratic systems in comparative political studies. Inclinations for authoritarianism can come from parliamentary systems as well.” Yes, it is true that democracy is implemented in both types of systems, but it is also true that one breaks down at a rate ten times that of the other. Surely the prime minister does not think this is a mere coincidence.

The transformation of Turkey to a presidential system is worrying when it comes to incumbent takeover, but so is the military component, because Svolik’s reason for why a military past tends to prevent incumbent takeover does not apply here. The threat of a military coup is supposed to deter an incumbent from amassing too much power and eroding the democratic system, but Turkey’s military has been so hollowed out and beaten down by the AKP (and its former move-along-nothing-to-see-here Gülenist allies) that the chances of a coup are close to nil. In fact, in many ways Erdoğan is primarily motivated by Turkey’s military past and sees his attainment of more and more power as the ultimate victory over the era of military tutelage. The unique history of the relationship between Erdoğan and the military in the pre-AKP era and the relationship between the AKP and the military since 2002 – and particularly since the failed coup by memorandum attempt in 2007 – actually make Turkey’s military past an exacerbating factor rather than a mitigating one. Combined with what Erdoğan has been doing since his election last summer, I don’t think any warning about what is coming down the road can possibly be strident enough.

The long and short of it is that Erdoğan is trying to institute a presidential system, and he is determined to do it one way or another. If he (meaning the AKP, his “former” party) passes the magic 330 seat threshold in the June election, he will attempt to do it by using his parliamentary supermajority to amend the constitution without a referendum, and if the AKP falls short, he will just keep on doing what he’s been doing until it is a fait accompli. But presidential systems are dangerous vehicles for shaky democracies, and that is even more so when the president is vocal and open about his contempt for liberal and democratic norms, views the entire country as something to be controlled by his personal whims, and sees checks and balances as nothing but a minor inconvenience. I don’t know if a complete incumbent takeover has yet happened, but I do know that if we ask that question again five or ten years from now, it will likely be too late.

Guest Post: Turkish Kurds and Presidential Politics

July 1, 2014 § 4 Comments

Guest poster extraordinaire Dov Friedman, who is spending the summer doing research in Iraqi Kurdistan and Turkey, weighs in today on why the Turkish government’s resumption of the peace process with the PKK is motivated by factors other than improving relations with the KRG in Iraq.

Late last week, the Turkish government submitted a bill to the Grand National Assembly advancing the stalled-but-ongoing process toward resolution of the country’s longstanding Kurdish Issue. The bill arrived after a long period of dormancy in the process. Since the negotiations with jailed PKK leader Abdullah Öcalan began, Prime Minister Erdoğan has faced mass social protests, corruption allegations, and contentious local elections.

The government recommences the process at a time when Iraq is melting down and the Turkey-KRG relationship looks stronger—and more elemental—than ever. This fact has not escaped commentators on the bill. The Wall Street Journal reported on the new bill and implicitly connected it to Turkey’s relationship with increasingly important relationship with the Iraqi Kurds.

That explanation is a bit too neat, and elides some of the complexities—both in the bill and in the Turkey-KRG relationship.

Hurriyet Daily News published a nice summary of the bill’s contents. The bill is mostly procedural. It sets out government control of the process and its reporting mechanisms. Only two articles appear ripe for analysis.

First, the bill explicitly grants targeted legal immunity to any government appointees tasked with negotiations on behalf of the Turkish state. If Erdoğan’s purges in the judiciary and police force were not enough, this article represents another swipe at the Gülen Movement—which has generally opposed negotiations with PKK insurgents as part of a solution to the Kurdish Issue.

In 2012, Gülenist prosecutors sought to bring criminal charges against intelligence chief and top Erdoğan adviser Hakan Fidan. Erdoğan countered by ramming through immunity from prosecution for Fidan. The immunity article formally extends protection to anyone involved in the negotiations, and is nothing more than a preemptive step to discourage Gülenist machinations.

Second, the government—in a very preliminary fashion—has launched the process of bringing PKK fighters down from the mountain and reintegrating them into society. This is a commendable—if long-overdue—step from Erdoğan, and any optimism about the process is pinned to this article. Some analysts may see this genuine step forward as motivated by the crumbling of Iraq.

We should avoid the temptation to connect this step to the ongoing Iraq crisis. As a factual matter, the AKP government advances this bill at the same time as its relationship with the KRG evolves precipitously. But the two are not necessarily related. Turgut Özal famously viewed relations with the KRG as a powerful antidote to Turkey’s Kurdish Issue. In response to Kurds in Turkey clamoring for a state, Özal believed Turkey could strengthen its position if it could point to a self-governing Kurdish region in Iraq. Relations with the KRG would not facilitate a solution, they would obviate the need for one.

Moreover, the KRG’s relationship with the PKK—as with so many intra-Kurdish group relations—is complex. The KRG has not worked especially hard to oust PKK fighters from the Qandil mountains in Iraqi Kurdistan. At the same time, Barzani cultivated the Turkish relationship well before the Kurdish Issue solution process began. Since the Syrian civil war loosed the Syrian Kurds from centralized control, Barzani has worked to expand KDP influence—opening low-intensity conflict with Salih Muslim, leader of the PKK-aligned Syrian Kurdish PYD.

Finally, in a mildly surprising departure from the AKP’s usual lockstep messaging, debate has burbled up from the circle around the Prime Minister. Hüseyin Çelik, former Education Minister and Erdoğan’s close ally, said recently that if the crisis in Iraq leads to the state’s failure, the Kurds have a right to self-determination. Days later, Ibrahim Kalın—adviser to Erdoğan and frequent designee to explain government positions in English—wrote an impassioned defense of a unified Iraq. It would be strange if the government initiated domestic legislative action in response to the Iraq crisis without first sorting out what exactly its unified position on the crisis was.

More likely, the bill on the Kurdish Issue solution is tied directly to the worst-kept secret in Turkey: Erdoğan’s upcoming presidential bid. During his tenure, Erdoğan has often made small but flashy gestures toward solving the Kurdish Issue during election season. The Prime Minister still commands a tricky coalition of forces. It includes urban Kurds, who want to see progress on a solution, and religious nationalists, who will bristle at concessions too swift or numerous.

Erdoğan plainly wants to win the presidency on a single ballot, and he needs both of these voter groups in support to do so. Hence, this bill. It signals to Kurdish supporters that he is serious, if deliberate, in his efforts to solve the long-running conflict. To conservative nationalists, it indicates that the Prime Minister will make no immediate sweeping changes and will pair attention to security with any conflict de-escalation.

As much as Erdoğan benefits from cracking down on free media, weakening Turkey’s institutions, and concentrating power in his person, bills like this one are the primary reason Erdoğan continues to rule Turkey. No other Turkish politician has deciphered how to command such an effective—and impressively stable—coalition. The joint opposition’s management of Ekmeleddin Ihsanoğlu’s presidential campaign inspires precisely zero confidence that it is any closer than it has been over the last decade to offering a viable political alternative. Thus, we can expect more artful baby steps toward a solution to the Kurdish Issue in the coming years under President Recep Tayyip Erdoğan.

Tayyip Erdoğan, World’s Newest Billionaire

February 25, 2014 § 13 Comments

Let me stipulate from the beginning that I have no idea whether the allegations are true that Tayyip Erdoğan conspired with his son Bilal to hide one billion dollars once Turkey’s graft probe was opened in December. Recordings of the two Erdoğans having four separate phone conversations about this topic are on Youtube [ed. note: the billion dollar figure is listed in the introduction to the Youtube clip and has been widely reported, but the taped conversation itself shows the Erdoğans talking about hiding tens of millions and not billions], and for those of you  – like me – whose Turkish is not nearly good enough to translate a bunch of garbled conversations in their entirety, a translated transcript can be found here. Erdoğan has not yet denied that the voices on the recordings are his and Bilal’s, but instead has dismissed the taped conversations as having been “montaged,” by which I assume he means that different recordings were spliced together to misrepresent what he said. Sabah and Yeni Şafak are both claiming that the recordings were doctored and that they have their own recordings of the people who edited the Erdoğan phone call. It wouldn’t surprise me if Erdoğan was hiding huge sums of money, and it also wouldn’t surprise me if he is being framed to look much worse than he actually is (although the latter would surprise me more than the former). Neither side here is particularly laudatory or above dirty tricks, and it’s a shame that this is Turkey’s new reality; a corrupt and paranoid government in a death match against a shadowy and corrupt powerful social group.

Of everything that has come out of Turkey in the past two months, this is the most explosive and has actual potential to bring down Erdoğan and the government, since these are charges that are going to be less easy to just dismiss. Assuming for the moment that there is some element of truth to the news and that Erdoğan is sitting on a pile of money that he is trying to hide, three quick takeaways come to mind.

First, one has to begin to question whether the prime minister is capable of thinking clearly. He certainly knew that his phones were tapped, as he expressly warns Bilal on the recording. Furthermore, in December 2012 it came out that Erdoğan’s home office, car, and parliamentary office were bugged, which had Gülenist fingerprints all over it. He knew that he was being listened to and he knew that the Gülenists had dirt on many of his closest allies, and yet he still allegedly called Bilal four times to discuss hiding money on the very day that the heat was the hottest. Leaving all of his other issues aside, is this someone who should be running a country? I have always assumed that the crazier statements that emanate from Erdoğan’s mouth are in the vein of him being crazy like a fox, and that he doesn’t actually believe that higher interest rates will lead to inflation or that there is such thing as an interest rate lobby or that social media is actually the worst menace to society that exists. But maybe he really does believe all of these things, in which case his judgment is fatally flawed and it explains why he would talk about hiding one billion dollars over an unsecured line when he had a very strong hunch that the people who were looking to bring him down were listening in.

Second, and this flows from the first, Erdoğan has reached the point where he is in such a cocoon that he assumes he can just do anything and say anything without real consequences. And really, why wouldn’t he? Throughout Gezi and the corruption scandal up until today, the AKP has not been in any real danger of losing a national election, and Erdoğan himself has been able to dictate what his next moves will be. He says all manner of outrageous things, micromanages municipal building projects, has Turks gassed and beaten in the streets, tries his best to sabotage his own economy by driving away foreign investment, and yet still has a large percentage of his supporters who are willing to believe every explanation and denial, no matter how ridiculous, and to go down with their captain as he sinks the Turkish ship of state. Maybe he isn’t losing his marbles, but just assumes based on recent history that he can do anything he wants and get away with it. He can siphon off a billion dollars and give it out to his family and friends, and talk about how to hide it when he knows his bitter rivals are recording him, and then not even deny that it is him talking on the recordings, and he may still not be dislodged from power. Maybe the joke is on us and not on him. Or maybe it’s not, and he is in such a state of epistemic closure and surrounded by sycophants that he has very badly misjudged the situation, which speaks volumes as well. I don’t know which of these possibilities is the right one, but none of them are good.

Lastly, let’s drop the pretense that Turkey’s political system comes close to anything resembling a consolidated democracy, a mature democracy, or any other phrase the Turkish government wants to use. We are accustomed to seeing dictators steal from public coffers in order to line their own pockets along this order of magnitude, whether it be the Shah’s plane having difficulty taking off from Iran because it was so laden down with gold bars or Zine el-Abidine Ben Ali’s various seaside palaces or Teodorin Obiang buying mansions, private jets, and yachts. When a prime minister is elected three times in a country that is trying to join the EU and is a NATO member and has been widely hailed as the world’s most successful Muslim-majority democracy, you do not expect to see that prime minister – a man who grew up in a poor neighborhood of Istanbul and has never held a job outside of working in politics and does not come from family money – amassing a billion dollars on the job. As much as this is an indictment of Erdoğan, it is a far bigger indictment of the Turkish system itself, since a functioning democracy with genuinely transparent institutions would never abide such over the top corruption. No democracy is perfect, and certainly the U.S. has plenty of its own issues, but one can never envision something like this taking place under everyone’s nose for over a decade. As bad as I have been saying that things are in Turkey, it’s even worse than I thought, which makes me extremely sad and disheartened for a country that I adore.

Turkey’s Competing Impulses On Israel

February 14, 2014 § 2 Comments

Almost one year after Bibi Netanyahu’s attempt to patch up relations with Turkey with his phone call apology to Tayyip Erdoğan as Barack Obama stood looking over his shoulder, Turkey is again talking about about normalizing relations with its former ally. In the eleven months since the apology, Turkey and Israel have been negotiating over the terms of an agreement, with precisely how much compensation must be paid to the families of those killed aboard the Mavi Marmara the major sticking point. Turkey has seemed in no rush to get a deal done, and at various times has made noise about Israel having to admit fault or to pay more money than Israel is prepared to do. And of course, Erdoğan and others have wasted no opportunity to bash Israel whenever convenient, either directly such as blaming Israel for the Egyptian military coup, or indirectly in referring to “dark forces” and “foreign powers” seeking to bring Turkey down. Formal negotiations may be taking place, but Israel and Turkey haven’t seemed terribly close to actually burying the hatchet.

Last month, however, news leaked that Turkish and Israeli negotiating teams were getting close to a final deal over compensation, and last week Ahmet Davutoğlu publicly confirmed that an agreement to normalize ties was in the works. As usual when it comes to this subject, I have been skeptical that this will actually happen, which is why I have resisted the impulse to write about it. Right on cue, two days after Davutoğlu made his announcement, Erdoğan came out and said that normalization won’t happen until Israel agrees in writing to completely end the blockade of Gaza. Israeli Strategic Affairs Minister Yuval Steinitz said yesterday that Israel is ready to sign an agreement but that Erdoğan himself is the stumbling block holding up a deal.

So what’s up with the mixed signals? Are Turkey and Israel close to an actual deal that will see ambassadors return to Tel Aviv and Ankara, or is this more of the same old routine? It is pretty easy to explain what is going on here, and it boils down to Turkey’s competing priorities that are pulling it in different directions. On the one hand, Turkey has had a very rough eight months. The Gezi protests, the economy spiraling downward, the lira crashing, the corruption scandal, the war between the AKP and the Gülenists, a growing Syrian refugee problem…it is entirely understandable that Turkey is feeling battered. On top of that, the Western response to attempts to blame Turkey’s problems on the U.S., Israel, Lufthansa, CNN, the Wall Street Journal, the interest rate lobby, the porn lobby, and anyone else the Turkish government can come up with has been to warn Turkey that it is destroying its reputation in Western capitals. When you add anger over Turkish behavior such as agreeing to buy a missile defense system from a Chinese firm under sanctions or funneling money to Syrian jihadi groups into the mix, Turkey all of a sudden has legitimate concerns about its relationship with the U.S. and EU countries. Viewed this way, the turn toward getting serious about reconciliation with Israel isn’t actually about Israel at all. Because the Turkish government in many instances takes an Israel-centric view of the world, it thinks that patching things up with Israel will solve its problems with Washington. By normalizing ties with Israel, it is signaling to the West that it is still a reliable ally who can be trusted, and that it shouldn’t be left on the outside looking in. Normalization with Israel is another way of saying, “We know we have behaved badly and in strange ways, but we haven’t gone all the way down the rabbit hole quite yet.” This explains Davutoğlu’s comments, particularly since the Foreign Ministry is more sensitive than other Turkish state institutions to Turkey’s perception among Western policymakers and its diplomatic status.

On the other hand is the force that generally drives everything in the Erdoğan era, which is Turkish domestic politics. I’ve written about this so many times that there’s no need for yet another megillah, but making up with Israel doesn’t exactly play well with your average Turk, and that goes double for Erdoğan’s base. I’ve seen some counterintuitive speculation that normalizing ties would be politically helpful since it will give the AKP a foreign policy victory that it can hold up, but I think that misreads the nature of Turkish politics along with mistaking the nature of whatever deal emerges. Forcing Bibi to apologize could be spun as bringing Israel to its knees; signing a deal to normalize relations that lets Israel pay some compensation money without any real movement on Gaza (since Israel is simply not going to end the blockade just because Turkey asks) doesn’t have the same shine to it. Erdoğan is looking at municipal elections next month – elections that he has repeatedly been touting as a harbinger of the AKP’s strength – and then the presidential election this summer and parliamentary elections next year. He is, as always, thinking about maintaining and growing his political power, and taking a hardline with Israel is a no-brainer for him electorally. He is already facing much lowered polling numbers and political approval ratings, so he can’t take a chance at losing what has been such a fruitful issue for him.

Which one of these impulses will win out? I claim no inside information on how the talks are actually going, and my general cynicism and conviction that domestic politics rules all makes me think that normalization is not actually close. But I have been wrong on this issue before and very well may be again, so I don’t rule anything out. These dueling constituencies though – the outside world and the domestic audience – are tough to satisfy simultaneously, so at some point Erdoğan will have to make a choice as to which constituency is more important for Turkey’s long term health and his own political survival, and which of these two outcomes he values more dearly.

The Politics of the Turkish Judiciary

January 15, 2014 § 4 Comments

The ongoing fight between the AKP and the Gülen movement has now moved into a new phase, where the government is not only reassigning police officers and firing prosecutors, but seeking to get rid of the separation of powers that exists between the government and the judiciary by proposing to have the body that appoints judges – the HSYK – become subject to the oversight of the Justice Minister. The opposition and the HSYK itself have declared this move to be unconstitutional and the EU has warned the government against passing such a measure, but Prime Minister Erdoğan hasn’t shown much inclination to back down. In World Politics Review, I have a long essay tracing how we got to this point. My argument is that the Turkish judiciary has throughout its history been a political actor, both in how it has behaved and how it is perceived, and thus successive governments – including the current one – have had no problem in treating it as such. Going after the judiciary in such a brazen manner seems extraordinary, but it is keeping with a long tradition of thinking about Turkey’s courts as an arm of the government rather than an impartial institution. Here’s an excerpt:

The Turkish judicial system appears to contain all the hallmarks of one that is enmeshed in a rule of law regime—independent courts, numerous avenues for appeal, civilian justice walled off from military justice and robust legal guidelines that adhere to a written constitution. Nevertheless, appearances can be deceiving. The Turkish judiciary suffers from a fundamental flaw, which is that it has often behaved as a political actor and is widely perceived by average Turks to be overly politicized. While the notion that courts are completely insulated from politics is a fallacy—in the U.S., for instance, politicians used to be routinely elevated to the Supreme Court, and Justice William Douglas even mounted a presidential campaign while serving on the court—the perception in Turkey is that the judiciary pursues political aims and that justice is far from being impartial. 

This is not to say that the entire system is rotten. Problems with Turkey’s administration of criminal justice are generally blamed on police and law enforcement abuses rather than on the courts. And there are many Turkish judges and prosecutors who perform their jobs in a manner comporting with the highest ethical standards. The level of confidence in Turkey that the judiciary as a whole is neutral or impartial, however, is not nearly as high as it should be.

There are good reasons for Turks to believe that the judicial system is an overtly political one. The first and primary reason is that the courts have intervened in Turkish politics even more often than has the Turkish military, which precipitated a coup during each of the past four decades of the 20th century. Articles 68 and 69 of the Turkish Constitution grant the Constitutional Court the power to shutter political parties whose platforms or activities violate a number of principles, including Turkey’s independence and territorial integrity, human rights, equality, rule of law or—and this is the crucial one—the principles of the secular and democratic republic. The Constitutional Court has relied upon this expansive but nebulously defined power on numerous occasions to close down political parties that have threatened Turkey’s hegemonic Kemalist ideology, targeting Islamist parties and Kurdish parties in particular as violating the principles of the republic. 

One might argue that the onus for this lies more with the drafters of Turkey’s constitution drafters than it does with the justices of the Constitutional Court; after all, the justices were granted a constitutional power so it is well within their right to use it. The problem is not that the court has closed political parties per se, but the sheer scope of how often this power is invoked: Since its establishment with the 1961 constitution, the court has closed down 27 political parties. To put this into context, postwar Germany—a state that knows the dangers of illiberal parties all too well—has only outlawed two. The total number of parties closed down in all of Western Europe in the post-World War II period is four. One need not be an expert in the vagaries of the Turkish constitution to understand that the Constitutional Court has oftentimes not acted as an impartial arbiter of law, but has rather functioned as a vanguard for the Kemalist elite and its particular vision of what constitutes Turkey’s best interests.

To read the full piece, including analysis of how the courts almost shuttered the AKP in 2008, how the courts have not really evolved in the switch from Kemalist governments to the AKP but simply changed their priorities, and how the current fight over the judiciary fits into the larger picture, please head over to article at World Politics Review by clicking here (and using this link will allow you to get around the paywall and read the article for free).

The Means Matter As Much For Democracy As The Ends

January 9, 2014 § 2 Comments

One of the tricky things about democracy is that we think of it as being an end-state that a country can hopefully achieve and maintain – hold regular elections with peaceful transfers of power, establish rule of law, incorporate and protect civil rights – but the pathway to getting there matters. It matters for two main reasons. First, democracy is not only about substance, but also about procedure. Countries that have hollow democratic institutions, where you have parties and elections but ones that are rife with corruption, patronage, irregularities, may look democratic from the outside but are not because their process is fundamentally undemocratic. Elections themselves do not magically confer democracy. Second, people and governments are not inherently democratic. Democracy generally emerges as a way out of a political stalemate or as a compromise between parties who are not powerful enough to impose their will on everyone, and as democratic behavior is repeated and becomes habituated over time, genuine democracy takes hold. In other words, behaving democratically is not innate, but it becomes second nature as it is carried out.

The idea that process matters is enormously important  in order to understand what is taking place in Turkey, and why the AKP’s constant drumbeat of claims about the high quality of Turkish democracy must be taken with a huge dose of skepticism. Almost everyone agrees that one of the AKP’s benchmark achievements has been to bring vertical accountability to Turkey, meaning that no unelected entity – in this case the military – wields ultimate power. It is for this reason that Iran is not a democracy no matter how many elections they have and no matter how free and fair they might be (not that they are), and very few people except a band of the most hardcore secular Kemalists would dispute that taking the army out of politics is a good thing and that power should be vested in those who win elections rather than those who carry guns. So the AKP’s campaign to bring the military to heel is an unqualified victory for democracy in Turkey, right? Except that it is not quite that simple, since the way the military was brought under control was through two investigations and trials, known as Ergenekon and Balyoz, that were fundamentally flawed and involved everything from detentions without trail to blatantly forged evidence. Nobody believes that these trials were victories for the rule of law, even if the ultimate end served democracy. Officers were subject to a witch hunt and the army was the victim of a campaign of recrimination in retaliation for its own decades of hounding Islamists and religious Turks, and so while it is an unqualifiedly good thing that the army will no longer be intervening in Turkish politics, nothing about the way that this result was carried out was model democratic behavior. All it did was reinforce the idea that Turkish democracy means winning power through elections and then using that power to act in fundamentally undemocratic ways.

Looking at what is taking place now as the AKP purges thousands of police officers and prosecutors in the name of subverting a coup attempt, you see a similar dynamic. The AKP talks about the Gülen movement as an undemocratic “parallel state” whose power needs to be curbed, and much like the move to curb the power of the military, there is truth in this. After all, it was the Gülenists who were responsible for the shady military trials, and to mistake them for pure democratic actors would be rank naiveté. Yet even taking the AKP’s claims about their former friends at face value, and granting that the Gülen movement uses its influence in the judiciary and the police in unsavory ways and that there needs to be some sort of check, the process here stinks to high heaven. Reassigning hundreds of police officers at once because they arrest people suspected of corruption, nakedly trying to remove all separation of powers and subordinate the judiciary to the power of the government, sending envoys from the prime minister to personally threaten the lead prosecutor of the graft cases, prosecuting eight television channels for reporting about the graft and corruption investigations…there is no way to justify this on democratic grounds, and yet this is precisely the gambit that Erdoğan and the AKP are attempting. By claiming that there is a coup attempt underway and that extraordinary measures must be taken in the name of protecting Turkish democracy, Erdoğan and his government are simply demonstrating that they don’t know the first thing about democracy or how it works.

It is a classic authoritarian gambit to use the powers of the state to go after your enemies and to claim that it is all being done in the name of security and democracy. The fact that the Gülen movement used this tactic to go after the military does not make it acceptable to use the same tactic to go after the Gülen movement. The notion that the corruption investigations constitute an attempt to carry out a coup and overthrow the government would be laughable if what was taking place in Turkey right now wasn’t so damaging to Turkey in the long term. When a government violently cracks down on protestors, fires prosecutors and police who dare to investigate allegations of gross misconduct, introduces legislation to eviscerate judicial independence, and darkly talks about foreign conspiracies supporting domestic terrorists without any shred of evidence, and does all of this in the name of “protecting democracy” and fulfilling the will of the people – people who, if the latest polls are correct, overwhelmingly condemn Erdoğan’s move to block the investigations and purge the police – it has taken an Orwellian turn for the worse. This goes double when hints of changing party rules midstream to allow Erdoğan to run for a fourth term are portrayed as being democratically necessary rather than extraordinary manipulation.

Process and procedure matter. Rule of law is not something to be subverted in order to arrive at democratic ends, because the process of implementing rule of law is itself the mark of democracy. The more that Erdoğan and the Turkish government do whatever they please because they have won elections, the more Turkish democracy withers. The only way for democracy to really take root is to have democratic behavior become repeated ad infinitum until it is routine. As Steven Cook so aptly points out today, the AKP is trying to manipulate Turkish political institutions to achieve its own ends, and Erdoğan’s and the AKP’s “fealty to democratic change extends only so far as it advances their interests.” For those still desperately clinging to the vestiges of 2002 through 2007 and the conviction that “Turkey has never been more democratic than it is under the AKP” despite all recent evidence to the contrary, the repeated and by now habitual flouting of democratic process is not something that Turkey will be able to just shake off when the AKP decides that it is time.

This Is What A Panicked Erdoğan Looks Like

December 26, 2013 § 8 Comments

I said last week that I thought things were inevitably destined to get uglier, and it seems that uglier has arrived. The latest from the AKP-Gülen fallout is that over 500 Turkish police officials and officers have been sacked, investigations have been launched into Prime Minister Erdoğan’s sons Bilal and Bürak along with the newly government-appointed Istanbul police chief, the chief prosecutor in the corruption case has publicly claimed that the government is obstructing his case by ordering the police not to arrest suspects and not to implement judicial decrees, and, in the biggest sign of just how much things have gone off the rails, Erdoğan last night replaced ten cabinet members at once. There is now no question left that this is the biggest crisis by far of the AKP’s time in power and that it overshadows Gezi by orders of magnitude.

If anyone still harbors any doubts that this is an AKP-Gülen fight, those doubts can be put to rest. After the initial arrests and announcements of corruption probes, Erdoğan purposely went after one of the Gülenists’ strongholds in replacing high-ranking police officials wholesale. What is now happening is a showdown between prosecutors, who are still largely Gülenist, and newly appointed police who refuse to carry out the prosecutors’ orders. Any semblance of impartiality and rule of law on either side has been completely thrown out, and Turkish institutions are being harmed in ways that will take years to overcome. When the courts and the police are being used to further nakedly political agendas, it is the first and easiest sign that Turkish democracy is as hollow as it has been since the military was openly running things. How this is going to eventually be sorted out I have no idea, but at this point neither side appears willing to back down and each day brings a new escalation.

Were this the only element to this, I’d put my money on Erdoğan emerging from this bloodied but still standing. However, the earth shattering cabinet shuffle, how it was done, and how Erdoğan assembled his new cabinet lead me to believe that the prime minister is in very serious trouble. In fact, this is the first time it has ever crossed my mind that his tenure as PM is legitimately in danger. First there is the fact that in the span of just a couple of days, Erdoğan went from denouncing any and all allegations of wrongdoing as a foreign plot to accepting the resignations of the three ministers he had been defending so wholeheartedly. Of the three, his closest ally was Erdoğan Bayraktar, who on his way out revealed that he was not resigning of his own free will but had been fired, and – this one is the real shocker – threw Erdoğan under the bus by alleging that any corruption in construction deals had been signed off on by Erdoğan and called on him to resign. For those of you who do not follow Turkey as obsessively as others, high level AKP officials simply do not publicly challenge Erdoğan like that. To put this in context, deputy PM Bülent Arınç made front-page headlines last month when he criticized Erdoğan’s stance on mixed-sex university housing and said that there was a contradiction between his own statements on the issue as the official government spokesman and the PM’s position. That was about the harshest public disagreement I can ever recall seeing between Erdoğan and one of his cabinet members or inner circle. Now, one of his closest cabinet allies has called on him to resign and implicitly accused him of wrongdoing. In addition, the previous interior minister, Idris Şahin, resigned from the party over the police purge and after accusing Erdoğan of allowing a small oligarchy to run the party. While this might be sour grapes due to his being replaced in the last cabinet shuffle earlier this year, it is still another crack in what up until now has been an impenetrable dam. Bayraktar made his comments during a live interview on NTV, which tried to cut him off and then later edited the interview clip on its website and during subsequent airings on television so that Bayraktar’s comments about Erdoğan were absent. That Turkish cabinet ministers now have to be censored because of comments they have made about the prime minister, and particularly when it is a minister known to be close to him, is one sign that the AKP is right now floundering around without much of an idea how to right itself.

Another sign is that it wasn’t just the three ministers whose sons have been implication in corruption who were shown the door. Egemen Bağış, who was EU Affairs minister and who is one of Erdoğan’s closest confidantes and attack dogs, and who often provides a window through his comments into what the prime minister is actually thinking, was removed as well, which to me is the most illuminating part of this entire episode. There have been rumors floating around about Bağış’s role in the scandal and about videotapes of him accepting seven figure bribes, but jettisoning him under pressure is still a remarkable move given his proximity to the prime minister. Furthermore, the new cabinet ministers are only going to make the AKP’s political problem worse, because instead of appointing people who might be more conciliatory, Erdoğan appears to have doubled down in appointing close allies with not much political experience and who are known hardliners. As a representative example, new Interior Minister Efkan Ala is not a member of parliament but is rather one of Erdoğan’s political aides, and reportedly urged Erdoğan to crack down harder on Gezi protestors this summer, calling the Istanbul chief of police to cajole him to use greater force. This is the guy who is now going to be in charge of Turkish domestic security and dealing with unrest, which signals to me that Erdoğan is in full panic mode and not thinking clearly. Once the public becomes more involved in this ongoing saga, things are going to get even worse, and I fear that what we have seen so far is just the warmup act to much more unpleasantness ahead.

All the while, Erdoğan’s comments and the comments of those around him increasingly beggar belief. Whether it is veiled threats to expel the U.S. ambassador, the by now rote accusations of U.S. and Israeli perfidy, the denunciation of foreign plots, Erdoğan’s claiming that photos of ministers accepting bags from businessmen implicated in the corruption scandal could be bags of books or chocolate rather than money (yes, he really said both of those things), Ahmet Davutoğlu’s tired refrain that this is all resulting from the jealousy of unnamed foreign countries determined to keep the new Turkey down…does any of this sound like it is coming from a government that has things under control? Let’s also keep in mind that this is all going down before large-scale or widespread public protests have broken out, and if Erdoğan already felt so much pressure that he was backed into turning over his cabinet in the middle of the night, just think about what will happen once real mass public pressure begins to bubble up. The AKP is shockingly off-message and has gone into full-blown populism mode, but with everything that has gone on and the implicit acknowledgement with the cabinet shuffle that all is not right, I think that Erdoğan might actually have suffered a fatal political wound. If the AKP does worse than expected in the local elections in March, which is a very likely possibility, it seems to me that Erdoğan’s aura of invincibility and stranglehold on his party will be permanently broken. Once that happens the long knives are bound to come out, and with the perfectly acceptable alternative of Abdullah Gül waiting in the wings, Erdoğan’s tenure as the sun around which Turkish politics revolves (to quote my friend Steven Cook) may be done. While I have learned enough to know that Erdoğan should never, ever be counted out or underestimated, we may have finally arrived at the exception to this longstanding rule of Turkish politics.

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