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Can Turkey Create a Shield Around Its Illegal Activities?

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The new Turkish law (No. 7242) allows Turkish government authorities, including intelligence and law enforcement agencies, to take convicts and detainees out of prison for up to 15 days. This controversial law, which came into effect on April 15, 2020, applies to inmates who were convicted of terrorism and organized crime charges. The reason behind this controversial change and its possible consequences are critical and worthy to investigate. In order to foresee possible answers to this question, it is necessary to look at the historical background of the AKP regime.

The discourse of universal values ​​and democratization, core principles that were centralized by the AKP administration at the onset of its political life, began to swerve after the Constitutional referendum in 2010, and accelerated in the following of Gezi Park events in May 2013, and the corruption operation in December 2013. The process of derailment from the core values gradually gained momentum and peaked after the questionable coup attempt on July 15, 2015. It can easily be seen that the lawless mayhem of the last six years stamped illegality as a central tenet for the long governing force of the country. Although, AKP’s transition from conservative democracy to chaotic dictatorship was seemingly triggered by its effort to cover its crimes, it has always been an eventuality with such a long reign of power and unchecked authority. Therefore, covering crimes with even more crimes was not so hard for this chaotic regime. So much so that by 2020, all kinds of lawlessness and illegality were institutionalized at the center of the Erdogan regime, and systematic torture has become an ordinary part of the criminal investigations against the opponents.

Although this legislation was interpreted in the Turkish media as “MIT (Turkish National Intelligence Agency) is given the authority to take inmates out of prison” the fact that the clause, “the request of the relevant authority,” was left vague in the text of law shows that “any governmental body” can request any inmate from the prison under the control of the AKP regime. This can only mean one thing; the clause was deliberately written in vague language and an encompassing manner, as opposed to pointing to a single entity or opting for a more limiting clause such as “intelligence units” or “law enforcement units.”

At this point, the question that raises concern is that which agencies or who would take inmates out of prison for two weeks. In seeking the answer, Erdogan regime’s interest towards the jihadist groups in conflict regions and its activities in those regions come to mind at first. If we recollect Erdogan’s alternative army, called SADAT, both for the training it provided to the Radical Islamic jihadist groups in the conflict zones, and for the operations they carried out with the jihadist groups they trained in the conflict zones such as Syria and Libya; it is highly likely that, through this law, they would want to take inmates out of prison for training and use them illegally in short-term operations/actions abroad, or even at homeland. The fact that SADAT and similar entities operate directly under Erdogan and there is no judicial or parliamentary control on them. This increases the concerns. Exploting the new law,  Erdogan regime can quickly train and organize radical jihadist groups in the conflict zones.

Even if the issued law is interpreted the way it is presented by the Turkish media, that is, if MIT is given the power to temporarily collect inmates from the prisons, an important question comes up that  why would an intelligence agency need to take out an inmate for 15 days when it is already possible to carry out an interview at the prison?

The statement “regarding the crimes committed within the framework of terrorism and organizational activity” in the new law clearly shows that the scope of the law is not limited to terrorism, but may also include organized crime (mafia). However, under normal circumstances, counterterrorism and organized crime investigations are carried out by the Police and the Gendarmerie on behalf of the prosecution, in other words, MIT is not a law enforcement unit and has no authority to conduct a judicial investigation. For what  reasons can an intelligence agency take an inmate out of prison and what would be its potential consequences?

The concerns about SADAT are also valid for MIT. Similar to SADAT MIT also has an interest and close relationship with the jihadists in the conflict zones. This interest and close relationship can turn into scandals when it cannot be controlled. For example, when the 2012 MIT (February 7) Crisis and the incident of MIT trucks in 2014 are recalled, it is seen that intelligence units can easily slip into illegal activities if they find a ground. For this, multi-perspective and multi-faceted control mechanisms such as judicial and legislative oversight and accountability applies for intelligence activities only in democratic societies. However, the Erdogan regime wants to use intelligence in its illegal activities in line with its own personal and organizational interests and purposes, as well as other state agencies in its journey towards authoritarianism, and in this context, he has eliminated the checks and balances over the intelligence and introduced legal regulations in order to protect those who are involved in illegal practices.

For example, with the legal regulation No. 6532, which came into force on February 26, 2014, both the jurisdiction of intelligence has expanded and become quite ambiguous. The clause “fulfilling the duties assigned by the Council of Ministers in matters related to external security, counterterrorism, and national security,” written in the first article of this law allows the definition of intelligence to be determined by the current government’s council of ministers (not the parliament). This legal arrangement also brought special protection shields to MIT members and exempted them from judicial control by making it possible for prosecutors to open an investigation against intelligence personnel only by obtaining the approval of the very institution that is being investigated. Article 6 of the legal amendment numbered 6532 is as follows;

When the Public prosecutors receive any denouncement or complaint regarding the duties and activities of MIT or its members, or when they learn about such a situation, they inform the MIT Undersecretariat. If the MIT Undersecretariat states or certifies that the matter is related to its duties and activities, no further judicial action is taken, and no judicial protection measures are imposed.”

After the questionable coup attempt on July 15, 2015, it is known that Erdogan used intelligence units extensively in his illegal activities and violations of rights carried out against his opponents. In this context, when the claims of the lawyers, bar associations, opposition parliamentarians and the allegations in the social media are taken into consideration, the following points become more clear;

– Torture chambers were established within the police departments,
– Many people were tortured during the detention process in police custody,
– In addition to the police personnel, some intelligence personnel also involved in torture
– A total of 28 people have been kidnapped/lost since 2016,
– The abducted persons were taken to the Special Activities Directorate known as the torture farm of MIT,
– These people have been forced to become confessors to crimes they did not commit under torture.
– Some of the kidnapped people were left in front of the police stations with the physical and mental scars of torture, while others are still not heard of,

Although these allegations were continuously reported by the defense counsels of the accused people and by the bar associations with  concrete evidences, all these allegations were ignored by the Erdogan regime. The authorities did not even bother themselves for  review or investigation. The requests for the establishment of research commissions, which were given to the parliament by the opposition parliamentarians regarding these torture and abduction claims, were also constantly rejected by the Erdogan administration.

If an intelligence agency, which is not subject to any kind of judicial and parliamentary supervision, and operates outside the control of prosecutors and judges and, most importantly, which has many kidnapping and torture allegations against it, is given the authority to remove any inmate of any kind from prison, this power will lead to more  torture incidents, not only in the process of police custody but also during the detention process. It is obvious that it will make the systematic torture more prevalent and lead to severe human rights violations. Beyond that, it will give a sense of legal assurance to those who engage in such inhumane and illegal activities under the veil of official duties.

Although the Erdogan regime passed these laws to  protect its personnel who are involved in such inhumane and corrupt practices,  these legal amendments violate the spirit of the rule of law and the universal values and won’t be able to protect the personnel that engaged in international crimes and torture and authorities. It should be remembered that Turkish Republic  had given so much effort to establish democratic values and reach EU standards and there is no doubt that Turkey will turn back to its core values after the Erdogan regime.  When that time comes, such legal obstructions won’t be able to stop the questioning of these unjust and illegal activities that are truly contrary to the spirit of the rule of law.

Fatih Beren, PhD Adjunct Faculty at Department of Criminology, Law & Society College of Humanities and Social Sciences, George Mason University

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Middle East

Biden’s Opportunity To Reset Relatons With The Muslim World Begins In Istanbul

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When President Obama delivered his famous speech at Cairo University in June of 2009, it was an historic moment. The symbolism of a sitting U.S President speaking to Muslims, and not about them, was refreshing and enormously impactful. America’s first African American President opened his speech with “I’ve come here to Cairo to seek a new beginning, between the United States and Muslims around the world, one based on mutual interest and mutual respect.” 

It appeared to many the world was changing and with American leadership, the global community was embarking on a new era of understanding between East and West.

Obama’s speech hit all the right notes: he acknowledged the contributions of Muslims throughout history. He recognized the common humanity between Muslims and people of other faiths. He disavowed the narrative of an inevitable civilizational divide. And he emphasized the need to support democratic reforms in the Muslim world. He reiterated the right of Palestinians to a dignified living, promised to leave “Iraq to Iraqis,” and sought to prioritize diplomacy over war in places like Afghanistan, Pakistan, and Iran. 

A year and half later Obama’s message would be tested by the Arab Spring. As Muslim communities across the Arab world rose up against autocratic rule demanding freedom and democracy, the Obama White House struggled to support the people. The optimism that followed his Cairo speech had fizzled.  

The pledge to establish a “new beginning” was neglected during Obama’s presidency and then destroyed by President Trump’s divisive policies. Since his inauguration, Trump has taken a wrecking ball to America’s relationship with Muslims at home and around the world. He claimed that “Islam hates us,” and on his first day in office fulfilled his campaign promise to ban visitors from several Muslim-majority countries. On election day this year, he tweeted warning that his rival, Joe Biden, will increase “refugees from terrorist nations.”  President Trump’s one serious claim of progress toward Middle East peace, the Abraham Accords, was viewed by many as little more than a last-ditch effort to deliver a foreign policy victory for Trump in time for his reelection bid. The Accords willfully left out the Palestinians, the most crucial stakeholders in the conflict, leaving a hollow agreement with few guarantees for a lasting peace. 

More than a decade after the Cairo speech, the divide between East and West seems to have only deepened.  Muslims feel the world is at war with them – fueled not only by American military actions but by the continued persecution of Muslims in Burma, Kashmir, China and elsewhere. There is a sense that Islam’s most revered symbols are under attack, and that Muslim identity is suspect in the eyes of many in the West.

However, the picture is not entirely dark. As the Trump era comes to a close, there is an opportunity for President-elect Biden to pick up where Obama left off in 2009: a chance to reset the partnership between America and the Muslim world.  This opportunity passes straight through Istanbul. If in 2009 Egypt represented “the heart of the Arab world”, to reset ties with the Muslim world today, Biden will need Turkey. 

The centrality of Turkey to the Muslim world and The East today is undisputed. Tens of thousands of Muslim dissidents and human rights defenders from Saudi Arabia, UAE, Egypt, Syria, Iraq, and Libya have taken refuge in Turkey.  Istanbul has become a hub of diaspora intellectual activism. Because of a leadership vacuum in the Muslim world, Turkey continues to emerge as the champion of Muslims under persecution, and that role resonates with Muslims around the world. 

Turkey took the lead in launching the Alliance of Civilizations in 2005 to combat extremism and broker deeper understanding between Muslim societies and the West, this project now comprises 146 members including member states and international organizations.  The pluralistic Islam practiced in Turkey today is more representative of Muslim communities around the world and starkly different from the Wahhabi-influenced regimes of the Arabian Gulf, with whom Trump became very friendly during his tenure. 

Turkey is also a critical NATO ally, with the second largest military contribution. Trump’s continual attacks on NATO have challenged and weakened the world’s strongest military alliance. Biden will need Turkey’s assistance to strengthen NATO to meet new regional challenges, especially with Russia, as well. 

Although Turkey’s human rights record is not perfect and its democracy has been tested since the failed military coup of 2016, the government has shown commitment to democratic principles, and its institutions and civil society continue to be lightyears ahead of Egypt, Saudi Arabia and elsewhere in the Middle Eastern.

Turkey today can be the bridge between the West and the Muslim World, mending the deepened rift and launching that new beginning promised by Obama eleven years ago.  When Biden used the word inshallah, which means “God-willing” in Arabic, during a presidential debate, Muslims in America and abroad took note. Muslim American turnout in critical battleground states like Michigan was decisive in his favor. Biden should capitalize on the momentum of his gesture to re-engage with the Muslim world and repair America’s image around the world. The destination of his first foreign trip could even be to Istanbul, to listen and to signal change. It would represent the metaphoric start of a new chapter.

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Covid-19 Vaccine: A Mutual Partnership between Morocco and China

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Since the establishment of diplomatic relations between China and the Kingdom of Morocco (1958), a strong and rapid strategic development of mutual ties categorized contemporary collaboration.

On August 31th 2020, King Mohammed VI held telephone talks with Xi Jinping, President of the People’s Republic of China, which falls within the framework of the existing friendship between the two countries, which was strengthened through the signing of the Joint Declaration on the Establishment of the People’s Republic of China. A strategic partnership was signed by the King and Chinese President during the royal visit to Beijing in May 2016.

The phone talks between King Mohammed VI and the President of the People’s Republic of China touched on the development of bilateral relations in all fields, especially political dialogue, economic cooperation, and cultural and humanitarian exchanges. King Mohammed VI and President Xi Jinping also discussed the partnership between the two countries in combating “Covid-19”.

According to Moroccan Newsmedia, Minister of Health Khalid Ait Taleb is expressed his satisfaction with the signing up of a cooperation agreement between Morocco and China National Biotec Group Limited (CNBG) on the COVID-19 vaccine trials. This shared Moroccan-Chinese collaboration will allow the Kingdom of Morocco to be among the prior served in terms of the vaccine against the COVID-19 pandemic. Also, he added, under his Majesty, The Kingdom of Morocco would be able to take part in creating vaccines in sense of the exchange of Chinese expertise. Though, to strengthen the Sino-Morocco strategic partnership, to boost both countries’ international solidarity and promote health cooperation.

The issue of discovering an anti-“Covid-19” vaccine still raises several controversies, and altercations especially since the kingdom of Morocco issued its participation in the clinical trials of the Chinese vaccine, but without giving any details about how these trials were conducted, or, knowing its initial outcomes.

Accordingly, despite those who attempt to question it, China’s vaccines constitute a trendy choice because they are affordable and can be distributed in a substantial and more successful capacity. Yet, several states which face similar economic issues, people, and ambiance-based impediments are likely to see China’s vaccines as the obvious choice. That does not mean it will be the sole state they do trade with, as several of the states have more than one trade partner.

Though, Chinese vaccines have a competitive price and making capacity, allowing developing countries like Morocco a way out of the pandemic as fast as possible. Unlike European companies, is not only about business; China has also agreed to give billions of vaccines.

China has timely released the latest vaccines information, China’s vaccines are gaining international steam and a growing number of states are following up to obtain them. Whilst the achievements of Moderna and Pzifer are widely lauded, in the end, these companies only complete a part of the jigsaw in ending the COVID-19 crisis. Not everyone has the privilege or infrastructure to buy them. Therefore, the accomplishment of SinoVac, CanSino, and SinoPharm are set to play a significant role in making a difference for billions of people around the world.

According to Jamal Eddine Bouzidi, a doctor specializing in chest diseases, allergies, and immunology, president of the Moroccan Association for Fighting Tuberculosis and Respiratory Diseases, pointed out: “They say that the Chinese vaccine is purely safe, but to make sure of that.” You must wait for a long time because there are side effects that may appear after a period of up to two years or after months at least. Therefore, we might say that it is 100% safe. “

He added, “All vaccines that are produced around the globe go through many phases in the laboratory, then they are analyzed and checked on mammals and followed by humans. And when tested on humans, they also go through three stages; and during each stage, the number” of people subject to testing, so that the effects are discovered. Side effects of the vaccine and its effectiveness. “

Under such circumstances, The Moroccan minister noted that the vaccine, according to the statements of Chinese officials, is successful at a rate of between 97 and 98 percent, and is given in two doses with a difference of 14 days, and the antibodies are manufactured within a month and can sustain in the blood to defend the body for two years. “The vaccine experiments will originally involve volunteers as of next week,” the official said.

Ait Taleb highlighted that the agreements reached will allow Morocco to have its vaccine as soon as possible with the help of our Chinese health expertise. The signing of the agreements will allow Morocco to launch its first experience of clinical trials.

Meanwhile, Al-Bouzidi considered that what is being said is the “only guess”, indicating that the near-term side effects of this vaccine are high temperature, a little fatigue, slight pain at the injection site, and some tremors. The long-term symptoms are not yet known.

As acknowledged by Chinese officials, “Jun Mao” said the signing of the agreements paves the “excellence of strategic relations between China and Morocco in terms of cooperation against COVID-19, which is entering a new phase.” The Chinese diplomat Mao reaffirmed that Rabat and Beijing’s commitment to deepening their cooperation through the clinical trials. He said he hopes the newly-signed agreement will yield “decent results” as soon as possible for the peoples of the two countries.

In conclusion, China has big expectations for the Kingdom of Morocco as the latter has an extreme pond of resources to spur its anticipated vision and China’s economic growth. As a superpower, China’s motive in partnership with Africa through the creation of more legality and impartial world order places the East Asian giant is a powerful stand to provide more substantial aid to Africa under win-win cooperation.

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The Muslim world’s changing dynamics: Pakistan struggles to retain its footing

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Increasing strains between Pakistan and its traditional Arab allies, Saudi Arabia, and the United Arab Emirates, is about more than Gulf states opportunistically targeting India’s far more lucrative market.

At the heart of the tensions, that potentially complicate Pakistan’s economic recovery, is also India’s ability to enhance Gulf states’ capacity to hedge their bets amid uncertainty about the continued US commitment to regional security.

India is a key member of the Quad that also includes the United States, Australia and Japan and could play a role in a future more multilateral regional security architecture in the Gulf.

Designed as the backbone of an Indo-Pacific strategy intended to counter China across a swath of maritime Asia, Gulf states are unlikely to pick sides but remain keen on ensuring that they maintain close ties with both sides of the widening divide.

The mounting strains with Pakistan are also the latest iteration of a global battle for Muslim religious soft power that pits Saudi Arabia and the UAE against Turkey, Iran, and Asian players like Indonesia’s Nahdlatul Ulama, the world’s largest Islamic movement.

A combination of geo- and domestic politics is complicating efforts by major Muslim-majority states in Asia to walk a middle line. Pakistan, home to the world’s largest Shiite Muslim minority, has reached out to Turkey while seeking to balance relations with its neighbour, Iran.

The pressure on Pakistan is multi-fold.

Pakistani Prime Minister Imran Khan charged recently that the United States and one other unidentified country were pressing him to establish diplomatic relations with Israel.

Pakistani and Israeli media named Saudi Arabia as the unidentified country. Representing the world’s second most populous Muslim nation, Pakistani recognition, following in the footsteps of the UAE and Bahrain, would be significant.

Pakistan twice in the last year signalled a widening rift with the kingdom.

Mr. Khan had planned to participate a year ago in an Islamic summit hosted by Malaysia and attended by Saudi Arabia’s detractors, Turkey, Iran and Qatar, but not the kingdom and a majority of Muslim states. The Pakistani prime minister cancelled his participation at the last moment under Saudi pressure.

More recently, Pakistan again challenged Saudi leadership of the Muslim world when Foreign Minister Shah Mahmood Qureshi complained about lack of support of the Saudi-dominated Organization of Islamic Cooperation (OIC) for Pakistan in its conflict with India over Kashmir. The OIC groups the world’s 57 Muslim-majority nations. Mr. Qureshi suggested that his country would seek to rally support beyond the realm of the kingdom.

Turkish President Recep Tayyip Erdogan, on a visit to Pakistan earlier this year, made a point of repeatedly reiterating his country’s support for Pakistan in the Kashmir dispute.

By openly challenging the kingdom, Mr. Qureshi was hitting Saudi Arabia where it hurts most as it seeks to repair its image tarnished by allegations of abuse of human rights, manoeuvres to get off on the right foot with incoming US President-elect Joe Biden’s administration, and fends off challenges to its leadership of the Muslim world.

Pakistan has not helped itself by recently failing to ensure that it would be removed from the grey list of the Financial Action Task Force, an international anti-money laundering and terrorism finance watchdog, despite progress in the country’s legal infrastructure and enforcement.

Grey listing causes reputational damage and makes foreign investors and international banks more cautious in their dealings with countries that have not been granted a clean bill of health.

Responding to Mr. Qureshi’s challenge, Saudi Arabia demanded that Pakistan repay a US$1 billion loan extended to help the South Asian nation ease its financial crisis. The kingdom has also dragged its feet on renewing a US$3.2 billion oil credit facility that expired in May.

In what Pakistan will interpret as UAE support for Saudi Arabia, the Emirates last week included Pakistan on its version of US President Donald J. Trump’s Muslim travel ban.

Inclusion on the list of 13 Muslim countries whose nationals will no longer be issued visas for travel to the UAE increases pressure on Pakistan, which relies heavily on exporting labour to generate remittances and alleviate unemployment.

Some Pakistanis fear that a potential improvement in Saudi-Turkish relations could see their country fall through geopolitical cracks.

In the first face-to-face meeting between senior Saudi and Turkish officials since the October 2018 killing of journalist Jamal Khashoggi in the kingdom’s consulate in Istanbul, the two countries’ foreign ministers, Prince Faisal bin Farhan and Mevlut Cavusoglu, held bilateral talks this weekend, on the sidelines of an OIC conference in the African state of Niger.

“A strong Turkey-Saudi partnership benefits not only our countries but the whole region,” Mr. Cavusoglu tweeted after the meeting.

The meeting came days after Saudi King Salman telephoned Mr. Erdogan on the eve of a virtual summit hosted by the kingdom of the Group of 20 (G20) that brings together the world’s largest economies.

“The Muslim world is changing and alliances are shifting and entering new, unchartered territories,” said analyst Sahar Khan.

Added Imtiaz Ali, another analyst: “In the short term, Riyadh will continue exploiting Islamabad’s economic vulnerabilities… But in the longer term, Riyadh cannot ignore the rise of India in the region, and the two countries may become close allies – something that will mostly likely increase the strain on Pakistan-Saudi relations.”

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