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281. Monitoring Report Making of a New Constitution in Turkey: October 2011-January 2012

Author:
Ferhat Kentel, Levent Köker, Mehmet Uçum, and Özge Genç
Publication Date:
02-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The redefinition of relations between state, society and individuals in the framework of a new state philosophy in Turkey and the transformation of the mentality of both the state and society along this line will carry Turkey onto a more democratic, pluralist and conciliatory political sphere. One of the milestones of this process is the making of a new constitution, that is initiated by the Turkish Parliament following the general elections of June 12, 2011, and expected to culminate in the adoption of a new founding document. An ideal constitutional process should be based on the demands and contributions of social groups and individuals and groups should be empowered to engage in politics in a way that has not yet been possible during the preparation of any other constitution in Turkey. On the other hand, presently, it is obvious that on a societal level there is an environment of lively yet stifled debate regarding the new constitution, as well as a number of flaws and issues in terms of how the process is functioning. However, the Constitutional Reconciliation Commission, formed in October 2011 with equal participation from all political parties represented in the parliament, and its members who have reached a consensus on the commitment to establish a new constitution with apparently genuine effort, create the expectation that the preparation of a new constitution will soon make headway. In the subsequent stages, political actors, civil society and media should play a significant role in terms of both contribution to and monitoring of the process. The Turkish Economic and Social Studies Foundation (TESEV) Democratization Program aims to actively engage in the creation of a new constitution through monitoring, documenting and reporting on the process undertaken with the objective of meeting society’s expectations. Within the scope of this project, the role, contribution and performance of the parliament, political parties, non-governmental organizations and the media are monitored and both positive and negative developments are documented. Solution-oriented interventions that provide guidance will also be made whenever the process comes to a deadlock throughout the project. Via parallel projects, the Democratization Program will also be conducting scientific, informative, and solution oriented work regarding issues that obstruct the reform process and contributing to create a platform of democratic debate in Turkey.
Topic:
Law, Constitution, Justice, and Judiciary
Political Geography:
Turkey, Middle East, and Mediterranean

282. Possible Scenarios in Cyprus: Assuming There is No Solution

Author:
Mensur Akgün
Publication Date:
03-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Halted after the Greek Cypriot rejection of the Annan Plan (by 75.83%) at a referendum held on 24th April 2004, inter-communal negotiations restarted on a technical level on 18th April 2008 and on a political level on 25th July 2008. Since then, hundreds of negotiations have been held at different levels between the parties. Although the negotiations still continue – as of February 2012 it is said that a conference is to be held with the participation of the guarantor states – at the time this article was written, a bi-zonal and bi-communal solution seems farther away than ever before. The parties, especially the Greek Cypriots, continue with the negotiations just to avoid being seen as the one who left the table. n this article, Mensur Akgun analyses the position of Turkish government to possible scenario with outcome of no solution deriving from Turkey’s emphasis on to freeze relations with the EU as of 1st July 2012, when the Republic of Cyprus, which is represented only by the Greek Cypriots, will assume the EU Presidency.
Topic:
International Relations, Territorial Disputes, European Union, and Negotiation
Political Geography:
Europe, Turkey, Middle East, Cyprus, and Mediterranean

283. “Mills That Grind Defendants”: Criminal Justice System in Turkey from a Human Rights Perspective

Author:
Cüneyt Doğrusözlü
Publication Date:
03-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
As Turkey continues to call herself a democracy, in reality she is still a country that strives to become democratic. It is only recently that we have recognized the structure of Republic as a tutelary regime, and have accordingly oriented ourselves towards a mindset required to deliver the desired changes in this structure. Presumably, the most important difference between democracy and a tutelary regime materializes in the concept of “the rule of law”. This principle requires all governmental bodies, including the judiciary, to be subject to law while taking into consideration the universal rights and freedoms. In Turkey, however, and also because of its privileged position created by the present coup d’état constitution, the judiciary sees itself as the definer of the law. Seen in this light, judicial reform emerges as one of the most critical steps that needs to be taken in moving ahead with the democratization process. With this insight, judiciary has been one of the key areas on which TESEV has focused its research activities in the last four years. In studies led by Mithat Sancar, the perspectives of first judges and prosecutors, and then of the society regarding the judicial system and its function, were scrutinized. These studies were all compiled in a book and published in May 2009. In March 2010, another study was published; authored by Meryem Erdal, the study explored into the media coverage by various organizations of some specific litigations, as well as the general approach of those same organizations to the judiciary. Thereby an opportunity was created to discuss the problems of perception surrounding the judiciary system. Democratization of the judicial system, however, requires carrying out a policy of “reform” and sharing this policy with the public. Such a reform would need to evolve around two pillars: First requires reconsidering the concepts of “independence”, “impartiality” and “legitimacy” in the context of the system in its entirety and the position of the judiciary, with the aim of ensuring that they are compatible with the international norms. In this context, the relationship between the executive branch and the judiciary, the position of the judiciary between the official ideology and universal law, and election system of higher judicial bodies appear as major problematic areas. The report titled, “A Judicial Conundrum: Opinions and Recommendations on Constitutional Reform in Turkey” edited by Serap Yazıcı and released in May 2010, discussed these issues that also constitute the subject matter of the government’s judicial reform, from the point of view of universal democratic criteria, and provided a meaningful basis for the direction and framework of the reform. On the other hand, the judiciary needs not only a systemic reform, but also a new perspective as a mechanism in order to meet citizens’ need for justice. The report titled, “Access to Justice in Turkey: Indicators and Recommendations” authored by Seda Kalem and released in June 2011, explored one of the major issue areas of demand by the citizens from the judiciary: the problem of “access to justice”. TESEV Democratization Program’s third policy report on Judicial Reform titled, “Mills that Grind Defendants: Criminal Justice System in Turkey from a Human Rights Perspective”, authored by Osman Doğru delves into the problematic aspects of the criminal justice system in Turkey with a comparative approach through European Human Rights Convention’s legal framework and implementations. The report focuses on the following problematic aspects of the defendants’ rights in Turkey: detentions without indictments; prolonged pre-trial detentions and lengthy trials; prevention of defendants’ access to legal counsel and the issuance of indictments based on unlawfully obtained evidences. In addition, Osman Doğru’s report critically evaluates the treatment of this issue in the Judicial Reform Strategy, produced by the Ministry of Justice and puts forth specific policy recommendations. We hope to conduce toward covering essential elements that have to be pointed out for a judicial reform, and respond to the public need for information and discussion of the matter.
Topic:
Democratization, Human Rights, Law, Reform, Criminal Justice, Justice, and Judiciary
Political Geography:
Turkey, Middle East, and Mediterranean

284. Disrupting the Shield of Impunity: Security Officials and Rights Violations in Turkey

Author:
Mehmet Atılgan and Serap Işık
Publication Date:
03-2012
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This report addresses the issue of impunity, which has virtually become the norm, as far as the rights violations committed against citizens by law enforcement units in Turkey are concerned. As the authors of this study, Mehmet Atılgan and Serap Işık reveal the issue of impunity stems from a complicated penal law structure whose existence still prevails in administrative, legal and practical areas. In addition, as pointed out in the “Just Expectations: Compilation of TESEV Research Studies on the Judiciary In Turkey” report (2011), the state institutions’ protection by the judiciary in Turkey is an outcome of a certain mentality. Not only have the members of the judiciary but also many actors among the media and the civil society in Turkey demonstrate this statist mentality. Considering the multi-layered socio-political landscape of Turkey, it is not realistic to expect that the issue of impunity will be resolved in the short run or quickly. Hence, a stronger and more extensive struggle awaits the social actors who want to eliminate the issue of impunity. In Turkey, there are many dedicated lawyers and human rights organizations carrying out this struggle either through collectively organized campaigns or through individual efforts. In order to understand the structure of the struggle in this area and to produce solutions to rectify the shortcomings, TESEV Democratization Program (DP) held three meetings between November 2010 and April 2011 with a group of lawyers experienced in defending the rights of victims in lawsuits related to human rights violations committed by law enforcement units. In addition, the project team also attended the December 2010-July 2011 hearings of the court case of Temizöz and Others being administered at the Specially Empowered 6th Heavy Penal Court of Diyarbakir. Court cases that reverberated in the public domain, such as the Hrant Dink Murder, Engin Çeber and JİTEM (the Intelligence and Anti-Terrorism Unit of the Gendarmerie) cases were also addressed within the scope of this report. Of course, in terms of the issue of impunity, these court cases are nothing more than striking examples, as similar instances can be seen in the near future of Turkey. The state officials who are being tried as defendants in these lawsuits are charged with serious offences such as establishing an armed organization, committing torture in detention, unsolved murders, and enforced disappearance of persons. A significant part of these crimes are related to the extrajudicial executions known to be carried out against civilian Kurdish citizens in 1990s as part of the security policy of the state. Hence, these court cases are also of vital importance in a quest for the resolution of the Kurdish Question in a peaceful way. Additionally, these are court cases where the dissident intellectuals, revolutionist dissidents, and the asylum seekers whose rights are deprived of any guarantees under the national laws are also victimized. On the other hand, these cases are very important in terms of the civilian oversight of security institutions in Turkey, and the civilianization process which gained pace in 2000s but still seems to be at a far distance on Turkey’s horizon. The quest for justice through these lawsuits can only be successful if supported by the victims and witnesses of such cases. It is our hope that the studies carried out by TESEV DP will bring more public visibility to these court cases and encourage a wider population to seek their rights.
Topic:
Security, Human Rights, Law, Accountability, Transparency, Justice, and Judiciary
Political Geography:
Turkey, Middle East, and Mediterranean

285. How to improve the economic and social performance of Eastern and Southern Mediterranean countries

Author:
Luc De Wulf and Marek Dabrowski
Publication Date:
11-2012
Content Type:
Policy Brief
Institution:
Center for Social and Economic Research - CASE
Abstract:
The Eastern and Southern Mediterranean region has many advantages. Its proximity to European markets and its strategic location along the Mediterranean Sea help facilitate the trade of goods among Europe, Asia and Africa. The region has great historical and civilizational importance. It also has plentiful supplies of oil and natural gas resources and great demographic potential. Yet despite these many advantages, the Eastern and Southern Mediterranean region remains relatively backward in economic and social terms and is rightly considered a potential source of social and political instability. In this brief the authors analyze the key challenges facing the MED11 countries and propose policy measures that could improve the region’s economic and social performance.
Topic:
Markets, Macroeconomics, Trade, Economic Integration, and Instability
Political Geography:
Africa, Europe, Asia, and Mediterranean

286. Republic of Cyprus: Parliamentary Elections of 2011

Author:
Lenka Peťková
Publication Date:
06-2011
Content Type:
Policy Brief
Institution:
Global Political Trends Center (GPoT)
Abstract:
The UN Good Offices’ website1 featuring the latest updates on the UN-sponsored Cyprus talks currently gives the accord of 110 meetings of the Greek Cypriot and Turkish Cypriot leaders, which translates into a frequency of one meeting in every 9 days. Yet, when the RoC celebrated its 50th anniversary in the Autumn of 2010, the island was still cut into two parts by the ceasefire line that was first marked in 1964.
Topic:
Politics, United Nations, Elections, and Conflict
Political Geography:
Turkey, Greece, Cyprus, and Mediterranean

287. Negotiating the Cyprus Problem(s)

Author:
Mete Hatay and Rebecca Bryant
Publication Date:
06-2011
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This paper was prepared by Mete Hatay and Rebecca Bryant. Mete Hatay is based in the North and has worked with TESEV for many years. Rebecca Bryant is an academic who has long worked on the Cyprus conflict.What they successfully achieve in their paper is articulating the Turkish Cypriot viewpoint regarding the negotiations, the property question and the relationship between Turkey and North Cyprus. Despite the seemingly countless barriers and setbacks, Hatay and Bryant also outline suggestions that can build confidence between the two communities so that step by step the Cyprus problem can get closer to being solved.
Topic:
Sovereignty, Territorial Disputes, Conflict, and Negotiation
Political Geography:
Turkey, Middle East, Cyprus, and Mediterranean

288. Euromed+15. New paths of cooperation across the Mediterranean

Publication Date:
06-2011
Content Type:
Working Paper
Abstract:
On the occasion of the 15th Anniversary of the Barcelona Declaration, the EuroMeSCo Network and the IEMed jointly organized the 2010 Annual EuroMeSCo Conference, in which distinguished experts and practitioners were convened to debate the future of Euro-Mediterranean politics in the light of the on-going institutional changes within the European Union and the new geopolitical context.
Topic:
Security, Politics, European Union, and Geopolitics
Political Geography:
Europe and Mediterranean

289. Emerging from Crisis: the Mediterranean Neighborhood

Author:
Leonor Coutinho
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
Center for Social and Economic Research - CASE
Abstract:
"The financial crisis engulfed the entire world economy, but the impact was uneven across many regions and countries. Due to a lower degree of financial integration, many developing countries seem to have been far less affected. This apparent resilience has been observed among several of the EU's Mediterranean (MED) neighborhood countries. However, the region's underdeveloped financial markets may yet prove to be a long-term economic curse."
Topic:
Development, Globalization, Financial Crisis, European Union, Macroeconomics, and Trade
Political Geography:
Europe and Mediterranean

290. How can Trade Help to Rebuild and Enhance the Economies of the Southern Mediterranean Countries?

Author:
Ahmed Ghoneim
Publication Date:
08-2011
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
"Arab countries are experiencing major changes in their governance systems. While the features of the new era are still unclear, what is certain is that a new development paradigm will be adopted and significant efforts will be made to rebuild the economies of these countries, which have been seriously disrupted due to the revolutions and their aftermath. This article seeks to answer the question of how trade can play a significant positive role in rebuilding and enhancing the economies of these Southern Mediterranean Countries."
Topic:
Globalization, Governance, Trade, and Economic Integration
Political Geography:
North Africa and Mediterranean