Turkey has been ruled by a declared State of Emergency since the July 2016 coup attempt, allowing President Erdogan to consolidate additional powers and target not just those responsible for the coup, but allegedly also those who hold or express opposing political views.
The Turkish Government has been using State of Emergency Decrees to fire people, close media outlets, and swiftly pass regulations and laws they deem necessary without going through parliament and the normal checks and balances – regulations and laws which would be expected to face harsh criticism and opposition under normal circumstances. Since the coup, over 135,000 people have lost their jobs, 85,000 have been detained, and almost 45,000 arrested in a wide-ranging purge from different segments of the state and society, including the military, judiciary, national police, academics, doctors, teachers and low skilled workers. In addition, over 180 journalists have been arrested and hundreds of businesses, NGOs, and associations were closed. Amid unconfirmed allegations of torture and killing during detentions and inside prisons, many people have felt the need to escape Turkey and go into hiding abroad to save themselves from an unknown and potentially deadly future.
Erdogan appears to be using State of Emergency Decree powers to shape the future of Turkey and to guarantee his own safety and fate. Two recent batches of the State of Emergency Decrees (SED) signed by Erdogan include critical rulings that will shape Turkey’s short and long-term governing future. These decrees are essentially turning Turkey into a de facto dictatorship and harming Turkish society in a way that will not be easily undone. One decree on January 6, 2017 has a special impact. The decree fires 1699 Ministry of Justice personnel. This is significant because a large portion of the forensic doctors who were working for the Medical Forensic Examination Divisions were fired. These doctors are the forensic examiners who issue reports regarding detainees, arrestees, and inmates to ensure they were not mishandled and tortured and who examine bodies to reveal the cause of death. According to media reports, after the coup attempt over 40 prisoners were reported dead through “suicide” in Turkish prisons, along with hundreds of torture allegations. This decree opens the door to ensure torture and deaths are not going to be reported, that torturers who support Erdogan will feel freer to engage in such activities, and that there will be an increase in so-called “suicides” in prison. This risks moving Turkey towards a Police State.
The new decrees are also reshaping and restructuring the Turkish military. Erdogan has seen the military as a rival since the beginning of his rule. The coup attempt, which he called “a gift from God”, has enabled him to act against the military, firing and arresting thousands of officers, over half of the generals, and more than 2/3 of military pilots, most of whom did not have direct ties with the coup attempt. Many positions after this extensive purge were filled with generals and high-level military officers known to have ties to Dogu Perincek and considered to be pro-Russian or Shanghai-Five. Perincek is a former Maoist and communist terrorist leader from the 1970s who turned into an ultra-leftist nationalist political leader with his Vatan Party. Several retired generals aligned themselves with Perincek after they left the military, receiving high level positions in his party, still others writing as columnists in his media. In the interests of transparency, I myself arrested Perincek in 1998 while I was working for the Ankara Counter-terrorism and Operations Division, due to his ties to the Kurdistan Workers’ Party (PKK). I was very surprised to find copies of Top Secret Turkish Supreme Military Council (YAŞ) decisions in his safe at his office, the highest secrecy level documents in Turkey. Finding copies of Top Secret documents in his office prompted to me look further into Perincek’s background in the archives. I discovered he had been sentenced to prison after the March 1971 coup in Turkey as the leader of a Revolutionary Youth (Dev-Genç) terrorist movement. More surprising is that even though several of the suspects in the main Dev-Genç case were military academy students or young military officers, they were not fired and by 1998 they were on active duty, mostly as colonels, a high rank.
In November 2016, Erdogan signed an SED which opened a path back into the military for officers who were previously fired from the military (mainly before 2010) due to their connections with different Islamist groups. As a secular institution, the Turkish military has always deemed officers who had any ties with Islamist groups in Turkey as an essential threat to its existence, firing them if the connections are discovered. Through the SED, Erdogan has basically invited back over 8000 officers who were fired in the past. Those officers are also expected to start work within the military at the ranks they would be if they had not been fired. The result is that all of a sudden Erdogan now has numerous high-level military officers that are supportive of him. Several of those are also affiliated with a private company named “SADAT International Defense Consulting”, led by another previously-fired general, Adnan Tanriverdi, who serves as chief military advisor to Erdogan. New SEDs signed on January 6, 2017 put into place further measures to strengthen Erdogan’s position. Among the most critical ones are the fact that the Supreme Military Council (YAŞ) was sidelined. This commission used to decide on the future and critical assignments of the military, such as the commanders of the military branches and other critical commanders. Now, with the decree, the Defense Ministry will simply offer the names of the proposed commanders and they will be appointed by the Prime Minister’s signature and President’s approval. In addition, the mandatory service time for different branches and the age of retirement for the top commanders was amended, enabling Erdogan to keep the generals he likes and force others into retirement.
The new SEDs have also canceled the requirement of having advanced degrees to become military corporals and sergeants, decreasing the education requirement to the completion of elementary school, which in Turkey is only four years of education. There are several reasons behind this significant change. The first is that SADAT has been having difficulties finding suitable candidates to recruit due to the previous higher education requirements. Similarly, several other Islamist groups who were working with Erdogan had the same problem: not being able to find suitable candidates to recruit for the military, including the AKP’s known and assigned Islamist teacher, Nurettin Yıldız. With this change in education requirement, SADAT and Erdogan’s close circles will be able to hire anyone they want, as they have claimed that educated people were not good for them because they would think and not carry out orders. Now they will have elementary school graduates who will more readily follow orders without question. In addition to the changes in the military, another essential SED was granting permission to private security guards to carry weapons. In the past, only specifically trained guards working for specific industries, like state banks, could receive such special permission. Now all will be armed. Another important SED concerns the revocation of citizenship of those alleged to be part of the July coup attempt. The government has decreed it will cancel the citizenship of any suspects being tried due to alleged ties to the coup attempt and/or are living abroad if they do not go back to Turkey within three months. According to this decree, all suspects fleeing Turkey will be stripped of their citizenship, in most cases rendering the person stateless. In addition to rendering many Turks stateless, the decree also appears to be contrary to International Law.
The SEDs continue to give additional powers to the government. For example, the police were given the authority to determine who owns which internet IP addresses throughout the country, an authority previously only available through a court warrant to a limited number of specific IPs. The police were also given the authority to obtain any internet traffic they want, without a court order, with just the signature of a police chief, a power that again in the past was only available for limited IPs and for certain times through court warrants. In addition, the government now has the authority to shut down any media establishment they want if the media does not comply with the press bans which are increasingly issued by courts as a means of controlling the population.
These new regulations are in effect as of January 6, 2017, resulting in a Turkey that is more anti-democratic, dangerous and becoming close to a lawless state, to a real dictatorship. Time will soon tell who will win one of the most dangerous and bloody chess games in the region: who will be leading Turkey in the coming years and, more importantly, what kind of political system will it be and will rule of law still be known there?
After 10 years of war in Syria, siege tactics still threaten civilians
The future for Syria’s people is “increasingly bleak”, UN-appointed rights experts said on Tuesday, highlighting escalating conflict in several areas of the war-ravaged country, a return to siege tactics and popular demonstrations linked to the plummeting economy.
According to the UN Commission of Inquiry on Syria, the country is not safe for refugees to return to, after a decade of war.
The panel’s findings come amid an uptick in violence in the northwest, northeast and south of the country, where the Commissioners highlighted the chilling return of besiegement against civilian populations by pro-Government forces.
“The parties to the conflict continue to perpetrate war crimes and crimes against humanity and infringing the basic human rights of Syrians,” said head of the Commission of Inquiry, Paulo Pinheiro. “The war on Syrian civilians continues, and it is difficult for them to find security or safe haven.”
Scandal of Al Hol’s children
Professor Pinheiro also described as “scandalous” the fact that many thousands of non-Syrian children born to former IS fighters continue to be held in detention in dreadful conditions in Syria’s north-east.
“Most foreign children remain deprived of their liberty since their home countries refuse to repatriate them,” he told journalists, on the sidelines of the 48th session of the Human Rights Council in Geneva.
“We have the most ratified convention in the world, the Convention on the Rights of the Child, is completely forgotten. And democratic States that are prepared to abide to this Convention they neglect the obligations of this Convention in what is happening in Al Hol and other camps and prison places.”
Some 40,000 children continue to be held in camps including Al Hol. Nearly half are Iraqi and 7,800 are from nearly 60 other countries who refuse to repatriate them, according to the Commission of Inquiry report, which covers the period from 1 July 2020 to 30 June 2021.
Blockades and bombardment
The rights experts also condemned a siege by pro-Government forces on the town of Dar’a Al-Balad, the birthplace of the uprising in 2011, along with “siege-like tactics” in Quineitra and Rif Damascus governorates.
“Three years after the suffering that the Commission documented in eastern Ghouta, another tragedy has been unfolding before our eyes in Dar’a Al-Balad,” said Commissioner Hanny Megally, in reference to the siege of eastern Ghouta which lasted more than five years – and which the commissioners previously labelled “barbaric and medieval”.
In addition to the dangers posed by heavy artillery shelling, tens of thousands of civilians trapped inside Dar’a Al-Balad had insufficient access to food and health care, forcing many to flee, the Commissioners said.
Living in fear
In the Afrin and Ra’s al-Ayn regions of Aleppo, the Commissioners described how people lived in fear of car bombs “that are frequently detonated in crowded civilian areas”, targeting markets and busy streets.
At least 243 women, men and children have been killed in seven such attacks over the 12-month reporting period, they said, adding that the real toll is likely to be considerably higher.
Indiscriminate shelling has also continued, including on 12 June when munitions struck multiple locations in Afrin city in northwest Syria, killing and injuring many and destroying parts of al-Shifa hospital.
Insecurity in areas under the control of the Syrian Democratic Forces (SDF) in northeast Syria has also deteriorated, according to the Commission of Inquiry, with increased attacks by extremist “remnants” and conflict with Turkish forces.
The Commissioners noted that although President Assad controls about 70 per cent of the territory and 40 per cent of the pre-war population, there seems to be “no moves to unite the country or seek reconciliation. On the contrary.”
Despite a welcome drop in the level of violence compared with previous years, the Commission of Inquiry highlighted the dangers that continue to be faced by non-combatants
The senior rights experts also highlighted mounting discontent and protests amongst the population, impacted by fuel shortages and food insecurity, which has increased by 50 per cent in a year, to 12.4 million, citing UNFPA data.
“The hardships that Syrians are facing, particularly in the areas where the Government is back in control, are beginning to show in terms of protests by Syrians who have been loyal to the State,” said Mr. Megally. They are now saying, ‘Ten years of conflict, our lives are getting worse rather than getting better, when do we see an end to this?’”
IAEA Director General reaches agreement in Tehran, as Biden’s clock is ticking
A meeting to resolve interim monitoring issues was held in Tehran on 12 September between the head of Iran’s Atomic Energy Organization, Mohammad Eslami, and the Director General of the International Atomic Energy Agency (IAEA), Rafael Grossi. Grossi was on a visit to Tehran to fix roadblocks on the stalled monitoring of Iran’s nuclear program, which is ever more challenging in a context where there is no diplomatic agreement to revive or supersede the JCPOA. Grossi said in a press conference on 12 September that the IAEA had “a major communication breakdown” with Iran. But what exactly does that mean?
The IAEA monitoring equipment had gone three months without being serviced and Grossi said he needed “immediate rectification” of the issues. He was able to get the Iranian side to come to an agreement. The news from Sunday was that the IAEA’s inspectors are now permitted to service the identified equipment and replace their storage media which will be kept under the joint IAEA and AEOI seals in Iran. The way and the timing are now agreed by the two sides. The IAEA Director General had to push on the terms of the agreement reached in February 2020.
Grossi underlined on Sunday that the new agreement can’t be a permanent solution. Data from the nuclear facilities is just being stored according to what commentators call “the continuity of knowledge” principle, to avoid gaps over extended time periods but the data is not available to inspectors.
When it’s all said and done, basically, it all comes down to the diplomatic level. The American withdrawal from the JCPOA nuclear agreement in 2018 keeps undermining the Iran nuclear inspections on the technical level. All the inspection activities have been stalled as a result of the broken deal. The IAEA’s strategy in the interim is that at least the information would be stored and not permanently lost.
Everyone is waiting for the JCPOA to be restored or superseded. As Vali Nasr argued in the New York Times back in April this year, the clock is ticking for Biden on Iran. Iran diplomacy doesn’t seem to be on Biden’s agenda at all at the moment. That makes the nuclear inspectors’ job practically impossible. Journalists pointed out on Sunday that the Director General’s visit found one broken and one damaged camera in one of the facilities. Grossi assured it has been agreed with Iran that the cameras will be replaced within a few days. The IAEA report notes that it was not Iran but Israel that broke the IAEA cameras in a June drone attack carried out by Israel. Presumably, Israel aimed to show Iran is not complying by committing the violations themselves.
Grossi’s visit was a part of the overall IAEA strategy which goes along the lines of allowing time for diplomacy, without losing the data in the meantime. He added that he thinks he managed to rectify the most urgent problem, which is the imminent loss of data.
The Reuters’s title of the meeting is that the agreement reached on Sunday gives “hope” to a renewed Iran deal with the US, after Iran elected a hardliner president, Ebrahim Raisi, in August this year, but that’s a misleading title. This is not the bit that we were unsure about. The question was never on the Iranian side. No one really expected that the new Iranian president would not engage with the IAEA at all. Earlier in November 2019, an IAEA inspector was not allowed on a nuclear cite and had her accreditation canceled. In November 2020, Iranian lawmakers passed a law that mandated the halt of the IAEA inspections and not to allow inspectors on the nuclear sites, as well as the resuming of uranium enrichment, unless the US sanctions are lifted. In January 2021, there were threats by Iranian lawmakers that IAEA inspectors would be expelled. Yet, the new Iranian President still plays ball with the IAEA.
It is naïve to think that Iran should be expected to act as if there was still a deal but then again, US foreign policy is full of naïve episodes. “The current U.S. administration is no different from the previous one because it demands in different words what Trump demanded from Iran in the nuclear area,” Khamenei was quoted to have said in his first meeting with President Raisi’s cabinet.
“We don’t need a deal – you will just act as if there was still a deal and I will act as if I’m not bound by a deal” seems to be the US government’s line put bluntly. But the ball is actually in Biden’s court. The IAEA Director General is simply buying time, a few months at a time, but ultimately the United States will have to start moving. In a diplomatic tone, Grossi referred on Sunday to many commentators and journalists who are urging that it is time.
I just don’t see any signs on Biden’s side to move in the right direction. The current nuclear talks we have that started in June in Vienna are not even direct diplomatic talks and were put on hold until the outcome of Iran’s presidential elections were clear. US hesitance is making Grossi’s job impossible. The narrative pushed by so many in the US foreign policy space, namely that the big bad wolf Trump is still the one to blame, is slowly fading and reaching its expiry date, as Biden approaches the one-year mark of his presidency.
Let’s not forget that the US is the one that left and naturally is the one that has to restart the process, making the parties come back to the table. The US broke the deal. Biden can’t possibly be expecting that the other side will be the one extending its hand to beg for forgiveness. The US government is the one that ruined the multi-year, multilateral efforts of the complex dance that was required to get to something like the JCPOA – a deal that Republicans thought was never going to be possible because “you can’t negotiate with Iran”. You can, but you need skilled diplomats for that. Blinken is no Kerry. Judging from Blinken’s diplomacy moves with China and on other issues, I just don’t think that the Biden Administration has what it takes to get diplomacy back on track. If he follows the same line with Iran we won’t see another JCPOA in Biden’s term. Several weeks ago, Biden said that there are other options with Iran if diplomacy fails, in a White House meeting with Israel’s new prime minister Bennett. I don’t think that anyone in the foreign policy space buys that Biden would launch a military attack on Iran’s nuclear facilities. But I don’t think that team Biden can get to a diplomatic agreement either. Biden and Blinken are still stuck in the 2000, the time when others would approach the US no matter what, irrespective of whose fault it was. “You will do as I say” has never worked in the history of US foreign policy. That’s just not going to happen with Iran and the JCPOA. To expect otherwise is unreasonable. The whole “Trump did it” line is slowly and surely reaching its expiry date – as with anything else on the domestic and foreign policy plane. Biden needs to get his act together. The clock is ticking.
Elections represent an opportunity for stability and unity in Libya
With just over 100 days until landmark elections in Libya, political leaders must join forces to ensure the vote is free, fair and inclusive, the UN envoy for the country told the Security Council on Friday.
Ján Kubiš, Special Representative of the Secretary-General and Head of the UN Support Mission in Libya (UNSMIL) briefed ambassadors on developments ahead of presidential and parliamentary elections due to take place on 24 December.
They were agreed under a political roadmap stemming from the historic October 2020 ceasefire between Libya’s rival authorities, and the establishment of a Government of National Unity (GNU) earlier this year.
At the crossroads
“Libya is at a crossroads where positive or negative outcomes are equally possible,” said Mr. Kubiš. “With the elections there is an opportunity for Libya to move gradually and convincingly into a more stable, representative and civilian track.”
He reported that the House of Representatives has adopted a law on the presidential election, while legislation for the parliamentary election is being finalized and could be considered and approved within the coming weeks.
Although the High National Election Commission (HNEC) has received the presidential election law, another body, the High State Council, complained that it had been adopted without consultation.
Foreign fighter threat
The HNEC chairman has said it will be ready to start implementation once the laws are received, and will do everything possible to meet the 24 December deadline.
“Thus, it is for the High National Election Commission to establish a clear electoral calendar to lead the country to the elections, with support of the international community, for the efforts of the Government of National Unity, all the respective authorities and institutions to deliver as free and fair, inclusive and credible elections as possible under the demanding and challenging conditions and constraints,” said Mr. Kubiš.
“The international community could help create more conducive conditions for this by facilitating the start of a gradual withdrawal of foreign elements from Libya without delay.”
Young voters eager
The UN envoy also called for countries and regional organizations to provide electoral observers to help ensure the integrity and credibility of the process, as well as acceptance of the results.
He also welcomed progress so far, including in updating the voter registry and the launch of a register for eligible voters outside the country.
So far, more than 2.8 million Libyans have registered to vote, 40 per cent of whom are women. Additionally, more than half a million new voters will also be casting their ballots.
“Most of the newly registered are under 30, a clear testament to the young generation’s eagerness to take part in determining the fate of their country through a democratic process. The Libyan authorities and leaders must not let them down,” said Mr. Kubiš.
He stressed that the international community also has a responsibility to support the positive developments in Libya, and to stand firm against attempts at derailment.
“Not holding the elections could gravely deteriorate the situation in the country, could lead to division and conflict,” he warned. “I urge the Libyan actors to join forces and ensure inclusive, free, fair parliamentary and presidential elections, which are to be seen as the essential step in further stabilizing and uniting Libya.”
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