Checking In On The Turkish PM Race
June 3, 2014 § 9 Comments
Despite my instincts that Prime Minister Erdoğan was going to decide that it is better to be a super-empowered prime minister than the Turkish president under the current constitutional configuration, it seems pretty clear at this point that he has his sights trained on the Çankaya Palace. The AKP has officially announced that it is not going to change its internal party regulations to allow MPs who have served three terms to run for a fourth, which means that Erdoğan will be term limited out and will thus seek the presidency. There is no doubt that Erdoğan will win and become the first directly elected Turkish president, and there is also little doubt that he will transform the presidency as he sees fit from a traditionally apolitical office with few real powers into something far different. The more interesting question that remains is who will replace Erdoğan as prime minister, and the answer to that is a lot murkier.
Due to the AKP’s three-terms-and-out rule, 73 AKP parliamentarians are unable to stand for election again and the list is a rundown of nearly all of the party heavyweights. Bülent Arınç, Bekir Bozdağ, Ali Babacan, Ömer Çelik, etc. The A team, that founded the party and shepherded it through three consecutive electoral victories, is out, and that leaves precious few suitable candidates to replace Erdoğan. It will have to be someone who has some modicum of name recognition and influence, but also someone whom Erdoğan can control. To the best of my calculations, there are two people who fit the bill and who are not subject to the term limit conundrum.
The first, and most obvious one, is Ahmet Davutoğlu. There is no question that he has a burning ambition to move on to bigger and better things, and his standing as a candidate for election in 2011 – after being appointed foreign minister despite not being a member of the Grand National Assembly – was a signal that he knew he would need to be more involved politically if he hoped to replace his patron. In many ways, Davutoğlu is the ego (in more ways than one) to Erdoğan’s id, tamping down some of the prime minister’s more rash instincts and never failing to parrot what Erdoğan is saying but putting it in a more favorable light. Whatever the level of outrageousness that Erdoğan is spouting, Davutoğlu always has a ready explanation for what the prime minister actually meant, and he has also shown a willingness to play the attack dog and go on the offensive. Like the prime minister, he always has a scolding lecture handy for those who challenge him. Because he is more reserved and far less willing to reveal whatever he happens to be thinking at any given moment though, Davutoğlu is in some ways more predictable that Erdoğan but in other ways less so, and he is similar to Abdullah Gül in that he plays better with foreign audiences. I once sat through a Davutoğlu lecture at Georgetown where he was at his most charming and dissembling best, and by the end the dean of the School of Foreign Service had literally offered him a position as a professor whenever he was ready to leave the Foreign Ministry. The downside to Erdoğan handing the reins to Davutoğlu is that he might be too ambitious; while he has never publicly displayed any willingness to challenge Erdoğan in any way and has been nothing but the loyal servant, he might very well act differently once prime minister and be less willing to defer to Erdoğan on any and all subjects.
The other plausible candidate is Numan Kurtulmuş, who is far less known to those outside of Turkey. Kurtulmuş and Erdoğan rose up together through the ranks of the Fazilet Party, but split after Fazilet was banned by the Constitutional Court and dissolved, with Kurtulmuş joining with the hardliners to found Saadet and Erdoğan going on to found the AKP. After he was ousted from Saadet, Kurtulmuş formed the HSP – known colloquially as HAS, meaning pure – and then merged HAS with the AKP in July 2012. Unlike Davutoğlu, Kurtulmuş has the street cred that comes from having been part of the crowd around Necmettin Erbakan and the old Islamist parties, and he has a devoted following among Turkish religious conservatives. When the AKP absorbed HAS two years ago, I wrote the following:
There is speculation that the reason Erdoğan has now invited HAS into the fold has to do more with Kurtulmuş than with HAS itself. As he announced yesterday,Erdoğan is only going to run as AKP leader one more time, which means that he needs a way to remain as the dominant figure within his party. While everyone anticipates that the new constitution spearheaded by the AKP will transform Turkey into a presidential system and that Erdoğan will run to be Turkey’s first newly powerful president, that does not mean that his path forward is completely clear. Should Turkey’s current president, Abdullah Gül, make a bid to be PM, then Erdoğan will have a serious and credible rival standing opposite him within his own party. Gül is a popular politician, a serious thinker, and less divisive than Erdoğan, and it is unclear that a President Erdoğan would be able to dominate a Prime Minister Gül. Kurtulmuş, on the other hand, is another story. He is exactly the type of PM that a President Erdoğan would want, since he is pliable and less likely to seek to carve out an independent power base from which to challenge Erdoğan. In fact, when the HAS Party was formed, some of its members were concerned that Kurtulmuş was not tough enough and that his lack of an “authoritarian mentality” would be a weakness compared to the leaders of other parties. Should HAS merge with the AKP, and all signs so far point to this happening, look for Kurtulmuş to slowly emerge as Erdoğan’s favored candidate to replace him as PM.
I don’t think that Gül is going to try and become prime minister, but the rest of the analysis still holds true. Kurtulmuş seems like precisely the type of PM that Erdoğan could manipulate as president, and who would not protest once Erdoğan begins to expand the powers of his new office and infringe upon the prerogatives that belong to his old office. The question is whether Erdoğan actually trusts Kurtulmuş after their years apart, and to that I have no answer. With the presidential race not in doubt though, how the prime ministry shapes up is what all of those interested in the inside baseball of Turkish politics will be watching as the summer progresses.
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).
Coup Country
April 16, 2012 § Leave a comment
Following the arrest of the generals involved in the 1997 “post-modern coup” that toppled Necemttin Erbakan’s government and outlawed his Refah Party, Erdoğan yesterday declared the era of military coups over and said that Turkey is no longer a “coup country.” While this appears to be a dangerous prediction given Turkey’s history, the purging of generals and the prosecution of officers as part of the Ergenekon and Sledgehammer investigations, along with the trials for the September 12 and February 28 coup plotters, means that Erdoğan is probably right. The military is no longer in a position to overthrow the government and was badly exposed when it tried unsuccessfully to intimidate the AKP from appointing Abdullah Gül as president, and the various reprisals it has suffered over the past few years are going to have the intended effect of keeping the officers in their barracks.
Few people will argue that this is a bad thing. At the risk of sounding like a broken record, civilian control of the military is a hallmark of democracy and Turkey has finally established true vertical accountability. At the same time, Erdoğan must not use his newfound unfettered power to create a different type of problem for Turkey’s democracy. While military interference in democratic politics is a bad thing, so is using democratic institutions to advance creeping authoritarianism. Worrisome signs abound, including the fact that the investigations into the military have been trumped up and relied on forged documents, and opposition leader Kemal Kılıçdaroğlu has denounced the recent arrest of the February 28 generals as motivated by a desire for revenge. After all, Erdoğan was a Refah member and a disciple of Erbakan, and the harsher restrictions placed on public displays of religion following the coup must have rankled Erdoğan personally. Now that the military is out of the picture as a constraint – and Erdoğan’s declaration of Turkey being coup proof indicates that he himself now feels that his freedom of movement is unrestrained by the army – it is crucial that the temptation of bending the rules to make the AKP a permanent ruling party is avoided. Turkey has made great strides in some areas, such as empowering the ability of Turks to participate in democratic politics with an increased voice on constitutional issues, and now that the structural constraint of military oversight is gone, it will be an encouraging sign for Turkey’s democratic future if the government does not now overreach and crack down further on groups that present challenges to its rule, real or perceived.
