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21. The Spirit of the Police Laws in Turkey: Legislative Discourses, Instruments and Mentality

Author:
Biriz Berksoy, Mehmet Uçum, Zeynep Başer, and Zeynep Gönen
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“The Spirit of the Police Laws in Turkey: Legislative Discourses, Instruments and Mentality” is a discussion of the quality of policing in Turkey as is laid out by laws and the authority and powers given to the police. It aims to uncover the dynamics that extend or restrict police authorities through regulations. Looking at police laws in this manner unearths clues – albeit at the level of discourse – about the mentality of policing, the elements of the conceptualizations of “crime,” “criminal,” “order” and “security” within the police force, and the grounds that legitimize police authority. We hope that the report will lead to a more fruitful discussion of the limits of police powers and duties together with the problems of insufficient oversight and impunity.
Topic:
Security, Law, Democracy, Criminal Justice, Police, and Justice
Political Geography:
Turkey and Middle East

22. Judicial Reform Packages: Evaluating Their Effect on Rights and Freedoms

Author:
Hande Özhabeş and Naim Karakaya
Publication Date:
12-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“Judicial Reform Packages: Evaluating Their Effect on Rights and Freedoms” authored by Naim Karakaya and Hande Özhabeş, is published as part of TESEV’s ongoing work on judicial reform. The report focuses on the four judicial reform packages released by AK Party government between 2011 and 2013. It analyses the Judicial Packages and evaluates them from the perspective of rights and freedoms, and focuses especially on freedom of expression, right to liberty and security, right to a fair trial as well as the execution system.
Topic:
Security, Law, Reform, Freedom of Expression, Justice, and Judiciary
Political Geography:
Turkey and Middle East

23. The Other Side of the Ergenekon: Extrajudicial Killings and Forced Disappearances

Author:
Gülçin Avşar
Publication Date:
11-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The Ergenekon Trial has been one of the most important political developments in recent Turkish history. The trial helped uncover the ways in which some groups in the military establishment and their political and economic collaborators in civilian circles were intervening illegally in democratic politics. When the trial revealed that the suspects had ties to the Susurluk scandal and to organizations that had committed extrajudicial killings of Kurdish civilians in the 1990s —the Yüksekova Gang, the Gendarmerie Intelligence and Counter Terrorism organization, and the Special Forces Command—there were heightened expectations among the public that grave violations of human rights committed during the 1990s, particularly against the country’s Kurdish citizens, would be brought to light. Yet the prosecutors and panel of judges in charge of conducting the investigation phase of the trial ignored these expectations as they prepared the criminal complaint, instead focusing solely on the charge of “attempting to overthrow the government.” A report published by the TESEV Democratization Program in November 2013, presented the public with an analysis of information found in the Ergenekon case files regarding the grave violations of human rights during the 1990s. The present work, an abridged version of this report, uses the most noteworthy information on murders by unknown assailants from the case files. We seek to present a general analysis of the Ergenekon Trial’s importance in Turkey’s confrontation with its past, to highlight its unprecedented nature in Turkish criminal-justice history, and finally to present our own recommendations.
Topic:
Crime, Law, Courts, Justice, Judiciary, Disappearance, and Extrajudicial Killings
Political Geography:
Turkey and Middle East

24. The Basic Principles and the Choice of Government System in the New Constitution

Author:
Levent Köker
Publication Date:
10-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“The Basic Principles and the Choice of Government System in the New Constitution,” authored by Levent Köker, is the fourth monitoring report published by TESEV under the umbrella of its constitution monitoring project, Turkey Constitution Watch (turkeyconstitutionwatch.org). The report offers a comparative analysis of the presidential and parliamentary system proposals that are discussed in the Constitutional Reconciliation Commission. It also deals with the basic principles (such as rights and freedoms, independence and impartiality of the judiciary, and local autonomy) that should form the basis of system discussions in Turkey.
Topic:
Human Rights, Law, Constitution, Civil Rights, Justice, and Judiciary
Political Geography:
Turkey and Middle East

25. The High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on Its New Structure and Operations

Author:
Onur Bayramoğlu
Publication Date:
01-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
One of the most critical areas of reform in Turkey’s recent history involves the judiciary, which has served to corroborate the tutelary regime. With a discourse emphasizing that the judiciary itself must also be bound by the “rule of law”, the Justice and Development Party (JDP) took a number of steps toward reforming the administration of supreme judiciary bodies, as well as the judiciary in general. The constitutional amendments brought to the ballot in the referendum of 12 September 2012 essentially represented an initiative to transform the judiciary. The amendments package was intended to equip the Constitutional Court and the High Council of Judges and Prosecutors (HSYK) with a more pluralist structure. This report titled “the High Council of Judges and Prosecutors in Turkey: Roundtable Discussion on its New Structure and Operations” is based on discussions of the roundtable meeting attended by representatives from judges and prosecutors professional associations such as YARSAV (The Association of Judges and Prosecutors) and Demokrat Yargı (Democratic Judiciary Association), which adopted divergent positions over the course of the referendum; one representative from HSYK, the direct addressee in the debate; and experts with diverse opinions. With the roundtable, we intended to generate direct discussion by experts and practitioners of the field in a small group affording sufficient time for speakers. As a result, we treated the current situation and practice through an insider’s perspective and in detail. This also provided a shared platform where parties coming from varying political positions exchanged opinions regarding both the HSYK and several contested aspects of the judiciary reform. The roundtable ensured that critiques were communicated to and discussed with the directly relevant parties through face-to-face conversations.
Topic:
Democratization, Law, Rule of Law, Justice, and Judiciary
Political Geography:
Turkey and Middle East

26. Egypt's Judges in a Revolutionary Age

Author:
Nathan J. Brown
Publication Date:
02-2012
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
Egypt's tumultuous uprising of 2011 was about many things, but among the most central was a demand by legions of political activists and large crowds of mobilized citizens that public authority in the country be reconstructed to operate in a clearly accountable manner, fully governed by the rule of law. Egyptian judges might therefore be expected to look upon the post-uprising environment as a time when they can finally realize a vision that they have been articulating for a generation in the face of an imperious and impervious presidency: A state ruled by law in which they will be insulated from political pressures and private interests, providing full autonomy to individual judges and to the judiciary as a body to issue decisions that will be respected and implemented by all the agencies of the Egyptian state.
Topic:
Democratization, Regime Change, and Law
Political Geography:
Middle East, Arabia, and Egypt

27. Traveling toward the Rule of Law in the Middle East and North Africa: Avenues and Obstacles

Author:
Jason Gluck, Scott Worden, Colette Rausch, and Vivienne O'Connor
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Popular uprisings throughout the Middle East and North Africa are demanding justice, security, and accountability— defining features of the rule of law. Constitutional reform is a priority, but it must be done by legitimate representatives of the people, not hangovers from the past. Principles of inclusivity, transparency, and participation must be at the heart of the process.
Topic:
Democratization and Law
Political Geography:
Iraq, Middle East, Kosovo, Nepal, and North Africa

28. Toward a Solution to the Kurdish Question: Constitutional and Legal Recommendations

Author:
Dilek Kurban and Yılmaz Ensaroğlu
Publication Date:
06-2010
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
There is more to the dominance of “rule of law” or “supremacy of law” in a state than the mere availability of a constitution or laws, or the presence of judicial institutions. Indeed, it is a fact of history that even the bloodiest dictatorships had their idiosyncratic laws and courts. In addition, there are countless historical examples of tyrannical and oppressive policies being implemented through courts. Thus, in paying special attention to the matter, international human rights law emphasizes in the Universal Declaration of Human Rights that “…it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” Article 3 of the Statute of the Council of Europe follows suit: “Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms…” Article 1 of the European Convention on Human Rights, in addition, states: “The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.” These and other instruments of law confer on the states substantial responsibilities for the protection of human rights. Of a state’s obligations in that regard, the most important include constitutional and legal recognition of citizens’ human rights, non-interference in individuals’ exercise of those rights as long as such exercise does not violate the freedoms of others, and protection of those rights against interventions by others. These obligations have also become sources and criteria for a state’s claim to legitimacy. In other words, states are now considered to be legitimate to the extent they recognize and protect human rights. As a matter of fact, the protection of states’ rights to sovereignty cannot hold its ground against human rights, thus no state can have recourse to the ‘non-intervention in domestic affairs’ discourse in the face of violations within that state’s borders. The judiciary is the most important mechanism that will check the compliance of government policies and practices with the law and protect citizens’ rights and freedoms. This is why all acts and transactions of the administration need to be subject to judicial review in a state where rule of law prevails. In short, the judiciary is the one and only power that will put the principle of the rule of law into practice. In order for the judiciary to serve that function, that is, to protect human rights, it is indispensable that constitutional and legal arrangements be compatible with human rights law. Put differently, implementing the principle of rule of law necessitates that the law should, instead of siding with the state, have an autonomous standing vis-à-vis the state. The law must maintain equal distance to the state and the citizen. Otherwise, it will not be able to serve its arbitral function between the two sides, and as a result, its legitimacy becomes contested. Considering Turkey in this light, one sees that the legal framework has adopted the ideology of creating a homogenous society and a modern nation, instead of securing all individuals’ rights. Founded as a modern state upon the remnants of the multi-religious, multilingual, and multiethnic Ottoman Empire, the Turkish Republic decided that it would not be possible for it to realize the plans to construct the new nation without denying room to the distinct identities. In line with the secularist and nationalist policies pursued as an outgrowth of this approach, the legal framework underwent a complete overhaul. It has become widely accepted today that Kurds were one of the primary targets of these policies. As a matter of fact, in addition to general legal and constitutional amendments necessary for a Turkey committed to human rights and the rule of law, a number of particular arrangements are also required for a lasting and democratic solution to the Kurdish Question. Constituting the main focus of this report, these arrangements can be broken down into two groups: constitutional and legal. Although the constitutional articles and legal provisions examined in detail and the regulations and statutes which occupy lesser space in the report might appear to have a general character and do not include the words “Kurd” or “Kurdish”, they are essentially instruments aiming to restrict Kurds’ fundamental rights and freedoms and practically causing indirect discrimination against the Kurds. It goes without saying that several administrative measures that do not necessitate any particular legal arrangements must also be taken to solve the Kurdish Question. Discussed as part of the debates on the ‘democratic initiative’, some of these measures include the restitution of names in Kurdish and other languages to places plastered with Turkish names, removal of nationalist slogans etched by the state onto mountain slopes in Turkey’s eastern and southeastern region, changing the militarist names given to schools in the same region, and appointment of Kurdish-speaking public servants in the region to facilitate the use of Kurdish language in accessing public services. Though they are outside the scope of this report, these administrative steps and similar others need to be negotiated upon with Kurdish political representatives and opinion leaders and put in practice soon.
Topic:
Human Rights, Law, Constitution, Legislation, and Kurds
Political Geography:
Turkey, Middle East, and Kurdistan

29. A Tale of Reciprocity: Minority Foundations in Greece and Turkey (English/Greek)

Author:
Dilek Kurban and Konstantinos Tsitselikis
Publication Date:
07-2010
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This report aims to analyze the implications of reciprocity policies on the day-to-day lives of Muslim and non-Muslim minorities in Greece and Turkey, specifically their impact on the community foundations2 belonging to these minorities. With a specific focus on the property and self-management issues of Muslim and non-Muslim community foundations in Greece and Turkey, the report will try to situate the issue in its historical context and trace the evolution of the ‘community foundation issue’ from Lausanne to the present day. Drawing similarities and differences between the laws, policies, and practices of Greek and Turkish states vis-à-vis their minority foundations, the report will critically assess the progress made to this day as well as identify the outstanding issues. In the hope of contributing to efforts to develop a democratic, sustainable, and just resolution of the problems facing community foundations, the report will propose policy solutions to the governments of Turkey and Greece.
Topic:
Human Rights, International Law, Treaties and Agreements, Law, and Minorities
Political Geography:
Turkey, Middle East, and Greece

30. Winter 2008 Journal of Palestine Studies, Vol. 38, no. 9, p. 228 compiled by Norbert Scholz

Author:
Norbert Scholz
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
This section lists articles and reviews of books relevant to Palestine and the Arab-Israeli conflict. Entries are classified under the following headings: Reference and General; History (through 1948) and Geography; Palestinian Politics and Society; Jerusalem; Israeli Politics, Society, and Zionism; Arab and Middle Eastern Politics; International Relations; Law; Military; Economy, Society, and Education; Literature, Arts, and Culture; Book Reviews; and Reports Received.
Topic:
International Relations and Law
Political Geography:
Middle East, Palestine, Arabia, and Jerusalem