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161. 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

162. 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

163. 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

164. 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

165. 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

166. How to Protect LGBTI Persons around the World from Violence

Publication Date:
12-2012
Content Type:
Policy Brief
Institution:
Human Rights First
Abstract:
The United States has unique experience fighting violent hate crime and discrimination, and the protection of the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people has become a signature human rights initiative of the Obama Administration. In 2009, Congress passed the Matthew Shepherd and James Byrd Hate Crime Prevention Act, with bipartisan support and the endorsement of a wide range of constituencies with differing views on LGBTI equality. The law--and the coalition that supported it--is a model of how to marshal the range of U.S. resources to improve responses to all hate crime, including acts of violence based on sexual orientation and gender identity bias.
Topic:
Crime, Human Rights, International Affairs, Governance, and Law
Political Geography:
United States

167. How to Repair the U.S. Immigration Detention System

Publication Date:
12-2012
Content Type:
Policy Brief
Institution:
Human Rights First
Abstract:
As the Obama Administration embarks on its second term and recommits itself to immigration reform, it should prioritize its commitment to transform the immigration detention system . In 2009, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) committed to overhaul the U.S. immigration detention system and shift it away from its longtime reliance on jails and jail-like facilities. Since that time, ICE has taken steps to address some of the problems in the existing system. It has, for example, hired onsite detention service managers to improve oversight, implemented new parole guidance for arriving asylum seekers, and streamlined the process for detainee health care treatment authorization. It has also taken a number of steps towards a broader transformation of the system, such as opening a “model” civil detention facility in Karnes County, Texas, that offers conditions more appropriate for immigration detainees.
Topic:
Immigration, Governance, Law Enforcement, Law, and Reform
Political Geography:
United States

168. A Bridge or Barrier to Incorporation? Germany's 1999 Citizenship Reform in Critical Perspective

Author:
Triadafilos Triadafilopoulos and Karen Schönwälder
Publication Date:
04-2012
Content Type:
Journal Article
Journal:
German Politics and Society
Institution:
German Politics and Society Journal
Abstract:
This article probes the consequences of Germany's 1999 citizenship reform as it pertains to the incorporation of immigrants. We maintain that the law's principled rejection of dual citizenship and related stipulation that children born into German nationality via the law's revolutionary jus soli provision choose between their German citizenship or that of their non-German parents between the ages of eighteen and twenty-three is unfair, potentially unconstitutional, and likely unworkable in administrative terms. We also argue that the decline in naturalization rates in Germany since 2000 is due to a combination of legal, administrative, and symbolic barriers in the law, as well as a lack of incentives for naturalization for immigrants from European Union member states and other rich industrialized countries. We believe that progress in the area of incorporation will require a shift in outlooks on the part of German political elites, such that immigrants are seen as potential members of a diverse community of free and equal citizens rather than untrustworthy and threatening outsiders.
Topic:
Law
Political Geography:
Europe and Germany

169. From impunity to prosecution? Sexual violence in Sudan beyond Darfur

Author:
Liv Tønnessen
Publication Date:
03-2012
Content Type:
Working Paper
Institution:
Norwegian Centre for Conflict Resolution
Abstract:
Serious shortcomings in Sudanese laws and practices contribute to the lack of protection of victims of rape in Sudan. There is need for comprehensive legal reform, particularly of Sudan's Criminal Law of 1991. The categorisation of rape as a form of adultery does not result only in the virtual impossibility of convicting a rapist, but may even lead to the incrimination of the female victim of rape instead. This is particularly problematic considering the widespread use of sexual violence in the Darfur conflict. One of the encouraging consequences of the international attention on war rapes in Darfur is that women activists are increasingly positioning sexual violence against women as a concern on the national political agenda. Several legal reform initiatives are under way within the country among both state and non-state actors alike. The comprehensiveness of the reforms suggested differs in substance, but there is a consensus among both government and civil society actors that there is a need to differentiate between rape and adultery in current law. This consensus is extremely important, especially considering the sensitive and increasingly politicised and polarised debate on the topic. Although women face serious challenges in the Sudanese legal system, it is important to highlight how women activists are launching reform initiatives in order to bring justice to rape victims and to end the system of impunity for rapists. International donors can contribute a great deal in terms of supporting these reform initiatives and facilitating dialogue forums.
Topic:
Crime, Gender Issues, Human Rights, Law Enforcement, and Law
Political Geography:
Africa and Sudan

170. The Future of Electoral Observation

Author:
Rubén Perina
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
The OAS needs to strengthen its election observation missions.
Topic:
Governance and Law
Political Geography:
United States and Europe