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131. 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

132. Military, Police and Intelligence in Turkey: Recent Transformations and Needs for Reform

Author:
Biriz Berksoy
Publication Date:
05-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
“Military, Police and Intelligence in Turkey” is the fourth report of TESEV’s Security Sector and Democratic Oversight series and was authored by Istanbul University Professor Biriz Berksoy. The report puts forward persisting problems regarding accountability and civilian democratic oversight of the security institutions in Turkey; discusses the implications of these problems in light of recent developments, particularly regarding human rights violations; and highlights a series of legal, institutional and strategic reforms that should be undertaken to address the existing problems in this field.
Topic:
Security, Human Rights, Intelligence, Military Affairs, Reform, Democracy, and Police
Political Geography:
Turkey and Middle East

133. Monitoring Report 3: What sort of a constitution are we heading towards?

Author:
Etyen Mahçupyan, Mehmet Uçum, and Özge Genç
Publication Date:
03-2013
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
In our “Monitoring Report 3: What sort of a constitution are we heading towards?,” subtitled as “Analysis of Constitutional Scenarios,” the proposals of AK Party, BDP, CHP and MHP regarding the new constitution under the titles such as Legislation, Executive and Jurisdiction are compared. The report analyzes whether the proposals bring a reform, a revision or a repetition, and addresses the question of what type of a constitution will come out of these proposals if they are to be accepted.
Topic:
Reform, Constitution, Citizenship, and State
Political Geography:
Turkey and Middle East

134. A Bitter Legacy: Lessons of De-Baathification in Iraq

Author:
Miranda Sissons and Abdulrazzaq Al-Saiedi
Publication Date:
03-2013
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Based on significant field research and interviews with the Higher National de-Baathification Commission, this report focuses on Iraq’s purge of members of Saddam Hussein’s Baath Party, which is the most well-known example of large-scale and politically based dismissals in the Middle East and North Africa. The report summarizes the structure and impact of de-Baathification from 2003 to 2011. It gives unique insight into de-Baathification’s goals, framework, impact, and problems. It includes a focused look at de-Baathification in Iraq’s Ministry of Finance from 2003 to 2006 and summarizes seven key lessons for policy makers in other countries.
Topic:
Reform, Transitional Justice, Institutions, Baath Party, and De-Baathification
Political Geography:
Iraq and Middle East

135. Beyond the Ballot Box: Egypt's Constitutional Challenge

Author:
Mara Revkin and Yussef Auf
Publication Date:
06-2012
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
All eyes are on the ballot box as Egypt prepares for the second round of the first post-Mubarak presidential election on June 16-17, a controversial run-off between the Freedom and Justice Party (FJP, the party founded by the Muslim Brotherhood) candidate Mohamed Morsi and Hosni Mubarak's former Prime Minister Ahmed Shafik, two of the most polarizing candidates in the race who together won only 49 percent of the votes cast in the first stage of polling on May 23-24. Egyptians are now faced with a choice between Islamists—who already hold a parliamentary majority and now stand to gain control of two out of the three branches of government—and a symbol of the former regime and military establishment.
Topic:
Democratization, Human Rights, and Reform
Political Geography:
Middle East and Egypt

136. NATO in the Gulf: Partnership Without a Cause?

Author:
Jean-loup Samaan
Publication Date:
10-2012
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
Eight years after NATO initiated its engagement with Gulf countries through the Istanbul Cooperation Initiative (ICI), the results have been modest, not to say disappointing. True, some recent achievements are worth mentioning: the participation in 2011 of the United Arab Emirates and Qatar in Operation Unified Protector in Libya, or the appointment, the same year, of the first UAE Ambassador to NATO, which represented an unprecedented and innovative way to strengthen the partnership.
Topic:
International Relations, Foreign Policy, International Cooperation, and Reform
Political Geography:
Middle East, Libya, Arabia, and United Arab Emirates

137. Voice and Vision: What the Women Say

Author:
International Civil Society Action Network (ICAN)
Publication Date:
09-2012
Content Type:
Policy Brief
Institution:
International Civil Society Action Network (ICAN)
Abstract:
In September 2012 the International Civil Society Action Network (ICAN) convened the first regional “What the Women Say” MENA/South Asia Forum on Rights, Peace and Security with nearly 50 women representing 12 countries in the Middle East, North Africa and South Asia region, with international partners. This group of peace and women’s rights experts, practitioners, activists and scholars met over a four-day period to draw on the framework provided by UN Security Council Resolution 1325 on women, peace and security to compare and contrast the fast-paced changes in the region. Their discussions included country situations analyses with attention to the gender dimensions of root causes and evolving political, economic, security, religious and socio-cultural trends; the threats and opportunities facing women’s movements; and the gendered dimensions of key transitional issues notably, legal and constitutional processes, transitional justice, security sector and economic reform.
Topic:
Security, Civil Society, Reform, Women, Economy, Peace, Case Study, and Gender
Political Geography:
South Asia, Middle East, and North Africa

138. What the Women Say: Egypt’s Fitful Revolution: Women in the Balance

Author:
International Civil Society Action Network (ICAN)
Publication Date:
10-2012
Content Type:
Policy Brief
Institution:
International Civil Society Action Network (ICAN)
Abstract:
With Mohammad Morsi’s inauguration as President of Egypt in June 2012, many Egyptians hoped that the country’s fitful political transition would finally be on a smoother path towards institutional reform and democratization. But much remains in flux. From the outset of the revolution, Egyptian women from all sectors of society were central to the events. They were in the streets alongside men from the early days of the protests. They initiated their own protests. They have borne a large share of the violence dispensed primarily by state security forces, and are frequently the target of hostility and regressive measures introduced by some Islamists. Reflecting on the experiences of women in the uprising and transitional months, this brief provides a snapshot of developments in the past eighteen months including their security concerns, the constitutional process and evolving political landscape and its implication for women. It highlights key recommendations to international and domestic actors with regard to women’s rights, peace, and security.
Topic:
Security, Democratization, Reform, Women, Arab Spring, Institutions, Revolution, and Peace
Political Geography:
Middle East, North Africa, and Egypt

139. Fixing Afghanistan’s Electoral System: Arguments and Options for Reform

Author:
Andrew Reynolds and John Carey
Publication Date:
07-2012
Content Type:
Policy Brief
Institution:
Afghanistan Research and Evaluation Unit (AREU)
Abstract:
Following Afghanistan’s deeply flawed parliamentary election in 2010, calls for electoral reform among both national and international actors have been steadily gaining momentum. One major focus of criticism has been the country’s use of the single non-transferable vote (SNTV) system, which many argue must be scrapped or overhauled before the next set of legislative elections in 2015. A new paper for AREU by international election experts Andrew Reynolds and John Carey explores how and why SNTV has been so damaging over the course of the last two rounds of legislative polls in 2005 and 2010. It argues that by choking political parties or other alliances of the oxygen they need to flourish, SNTV has left Afghanistan with a weak legislature, unable to advance coherent national policy programmes to deal with the country’s significant challenges. In addition, it highlights a raft of other problems that SNTV has either caused or exacerbated, exploring in particular the ways in which it has left the electorate struggling to see how their votes translate into meaningful representation. It goes on to examine possible options for reform, including an analysis of a new draft Electoral Law proposed by Afghanistan’s Independent Election Commission in June 2012.
Topic:
Reform, Elections, Democracy, and Parliamentarism
Political Geography:
Afghanistan and Middle East

140. “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