Connect with us

Middle East

Can Turkey Create a Shield Around Its Illegal Activities?

Published

on

erdogan

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

Continue Reading
Comments

Middle East

Ukraine crisis could produce an unexpected winner: Iran

Published

on

 Iran potentially could emerge as an unintended winner in the escalating crisis over Ukraine. That is, if Russian troops cross the Ukrainian border and talks in Vienna to revive the 2015 Iranian nuclear agreement fail.

An imposition of tough US and European sanctions in response to any Russian incursion in Ukraine could likely make Russia more inclined to ignore the fallout of violating US sanctions n its dealings with Iran.

By the same token, a failure of the talks between Iran and the United States, Russia, China, the European Union, France, Germany, and Britain to revive the accord that curbed the Islamic republic’s nuclear program would drive Iran closer to Russia and China in its effort to offset crippling US sanctions.

US and European officials have warned that time is running out on the possibility of reviving the agreement from which the United States under then-President Donald J. Trump withdrew in 2018.

The officials said Iran was weeks away from acquiring the know-how and capability to produce enough nuclear fuel for a bomb quickly. That, officials suggested, would mean that a new agreement would have to be negotiated, something Iran has rejected.

No doubt, that was in the back of the minds of Russian and Iranian leaders when they met last week during a visit to Moscow by Iran’s president, Ebrahim Raisi. It was the first meeting between the leaders of Russia and Iran in five years.

To be sure, the road to increased Russian trade, energy cooperation, and military sales would open with harsh newly imposed US sanctions against Russia even if restrictions on Iran would remain in place.

That does not mean that the road would be obstacle-free. Mr. Putin would still have to balance relations with Iran with Russia’s ties to Saudi Arabia and the United Arab Emirates. 

If anything, Russia’s balancing act, like that of China, has become more complicated without the Ukraine and Vienna variables as Iranian-backed Houthis expand the seven-year-long Yemen war with drone and missile strikes against targets in the UAE.

The Houthis struck as the Russian, Chinese and Iranian navies started their third joint exercises since 2019 in the northern Indian Ocean. The two events were not related.

“The purpose of this drill is to strengthen security and its foundations in the region, and to expand multilateral cooperation between the three countries to jointly support world peace, maritime security and create a maritime community with a common future,” Iranian Rear Admiral Mostafa Tajoldini told state tv.

US dithering over its commitments to security in the Gulf has persuaded Gulf states like Saudi Arabia and the UAE to hedge their bets and diversify the nature of their relations with major external powers.

However, a Russia and potentially a China that no longer are worried about the fallout of violating US sanctions against Iran could put Riyadh and Abu Dhabi on notice that the two US rivals may not be more reliable or committed to ensuring security in the Gulf. So far, neither Russia nor China have indicated an interest in stepping into US shoes.

This leaves Saudi Arabia and the UAE with few good choices if Russia feels that US sanctions are no longer an obstacle in its dealings with Iran.

Russia is believed to want the Vienna talks to succeed but at the same time has supported Iranian demands for guarantees that the United States would not walk away from a revived deal like it did in 2018.

Against the backdrop of talk about a proposed 20-year cooperation agreement between the two countries, Russia appears to want to negotiate a free trade agreement between Iran and the Eurasian Economic Union that groups Armenia, Belarus, Kazakhstan, and Kyrgyzstan, alongside Russia.

Iran has signed a similar 25-year cooperation agreement with China that largely remains a statement of intent at best rather than an action plan that is being implemented.

Like in the case of China, the draft agreement with Russia appears to have been an Iranian rather than a Russian initiative. It would demonstrate that Iran is less isolated than the United States would like it to be and that the impact of US sanctions can be softened.

“We have a document on bilateral strategic cooperation, which may determine our future relations for the next 20 years. At any rate, it can explain our prospects,” Mr. Raisi said as he went into his talks with Mr. Putin.

For now, Mr. Raisi’s discussions in Moscow appear to have produced more lofty prospects than concrete deals.

Media speculation that Russia would be willing to sell Iran up to US10 billion in arms, including Su-35 fighter jets and S-400 anti-missile defense systems, appear to have remained just that, speculation. Saudi Arabia and the UAE would view the sale to Iran of such weapons as particularly troublesome.

By the same token, Iranian officials, including Finance Minister Ehsan Khanduzi and Oil Minister Javad Owji, spoke of agreements signed during the Moscow visit that would revive a US$5 billion Russian credit line that has been in the pipeline for years and produce unspecified energy projects.

It’s unclear if these are new projects or ones that have been previously discussed and even agreed to, such as the one Lukoil stopped working on in 2018 after the US pulled out… Lukoil was concerned about being targeted by US sanctions,” said international affairs scholar Mark N. Katz.

Theoretically, the dynamics of the Ukraine crisis and the prospects of failed Vienna talks could mean that a long-term Russian Iranian cooperation agreement could get legs quicker than its Chinese Iranian counterpart.

Negotiating with a Russia heavily sanctioned by the United States and Europe in an escalated crisis in Ukraine could level the playing field as both parties, rather than just Iran, would be hampered by Western punitive measures.

Tehran-based Iranian scholar and political analyst Sadegh Zibakalam suggested that it was time for the regime to retire the 43-year-old Iranian revolution’s slogan of “neither East nor West.” The slogan is commemorated in a plaque at the Foreign Ministry.

Asserting that Iran has long not adhered to the motto, Mr. Zibakalam suggested that the plaque be removed and stored in the basement of a hardline Tehran newspaper. “It has not been used for a long time and should be taken down,” he tweeted.

Continue Reading

Middle East

Unified Libya will come only via ballot box, ‘not the gun’-UNSC

Published

on

A boy runs in the ruins of the Bab al-Aziziyah compound in Tripoli, Libya. © UNICEF/Giovanni Diffidenti

Libya is at a “delicate and fragile juncture in its path to unity and stability”, the UN Political Affairs chief told the Security Council on Monday, urging the international community to remain united in supporting national elections postponed last month. 

In welcoming positive developments across three different tracks of intra-Libyan dialogue, Rosemary A. DiCarlo, Under-Secretary-General for Political and Peacebuilding Affairs, also recognized the challenges that must be overcome.  

“So many Libyans have told us, the way towards a stable and united Libya is through the ballot box, not the gun”, she said. “We must stand with them”. 

Postponed elections 

Growing polarization among political actors, and disputes over key aspects of the electoral process, led to the postponement of long anticipated elections on 24 December.  

The High National Commission for Elections (HNEC) cited shortcomings in the legal framework along with political and security concerns. To address this, the House of Representatives has established a Roadmap Committee to chart a new political path that defines an elections timetable and process. 

New Special Adviser 

Last month, Stephanie Williams was appointed Special Adviser on Libya, having served as acting Special Representative and head of the UN Support Mission, UNSMIL, last year.  

To date, she has undertaken wide-ranging consultations, including with members of the Government of National Unity (GNU), the High National Election Commission, the House of Representatives, and candidates for presidential and parliamentary elections.  

Oil-rich Libya has descended into multiple crises since the overthrow of former rule Muammar Gadaffi in 2011, which in recent years saw the country divided between rival administrations – a UN-recognized Government of National Accord (GNA) based in the capital Tripoli, and that of the self-styled Libyan National Army (LNA), led by General Khalifa Haftar.  

Ms. Williams has reiterated that the focus of the political process now, should remain on holding “free, fair, inclusive and credible national elections” in the shortest possible timeframe. 

“In all her meetings, the Special Adviser highlighted the 2.8 million Libyans who have registered to vote”, said Ms. DiCarlo, adding that she also called on everyone to respect the will of the Libyan people and to adhere to the timeline agreed to in the Libyan Political Dialogue Forum (LPDF) roadmap, which was endorsed by the Security Council

Welcomed developments 

The UN political affairs chief said ongoing dialogue among political, security and economic actors from across the country was key. 

“We have seen reports of consultations between the Speaker of the House of Representatives and the President of the High State Council, as well as among presidential candidates from western and eastern Libya”, she said.  

On the security track, there have been meetings among various armed groups, as well as the Chief of General Staff of the Western Military Forces under the GNU and the acting General Commander of the rival LNA, with the participation of military chiefs and heads of military departments from both sides.  

Turning to the economy, further steps have been taken to reunify the Central Bank of Libya.  

Moreover, renewed efforts continue to advance national reconciliation based on the principles of transitional justice.  

Security situation 

While the ceasefire has continued to hold, “political uncertainty in the run up to the elections has negatively impacted the overall security situation”, the political chief informed the Council, including in Tripoli. 

It has resulted in shifting alliances among armed groups affiliated with certain presidential candidates, she added. 

Similarly, unfulfilled demands made to the GNU by the Petroleum Facilities Guards (PFG) in western Libya resulted in the shutdown of oil production, causing the National Oil Corporation to declare in December, force majeure – a clause that removes liability for natural and unavoidable catastrophes. 

Following negotiations between the PFG and the GNU, Oil production was restored on 9 January. 

To implement the ceasefire agreement, last month military representatives from opposing sides, called the 5+5 Libyan Joint Military Commission (JMC), discussed with Turkish and Russian authorities, an Action Plan to gradually withdrawal mercenaries and foreign fighters from the country.     

At the same time, despite serious logistical and security challenges, the UN Support Mission in Libya (UNSMIL) continued its work to establish a ceasefire monitoring hub in Sirte, pending the GNU’s approval on accommodation and office facilities. 

Human rights concerns 

“The human rights situation in Libya remains very worrying”, said Ms. DiCarlo, noting “documented incidents of elections-related violence and attacks based on political affiliation”, which she described as obstacles toward a conducive environment for free, fair, peaceful and credible elections. 

“We are particularly concerned that women and men working to protect and promote women’s rights continued to be targeted by hate speech, defamation and incitement to violence”, she stated. “Some of the disturbing social media posts that posed a threat to the safety and security of these persons were removed after UNSMIL brought them to the attention of social media platforms”.  

Meanwhile, arbitrary detention by State and non-State actors continued across the country, with many detainees subjected to serious rights abuses. 

Migration management  

The situation of migrants and refugees is also highly concerning.  

“Large numbers of migrants and refugees attempting to cross the Mediterranean Sea and returned to Libya continue to be detained in inhumane and degrading conditions with restricted humanitarian assistance. Thousands are unaccounted for”, the UN official said.  

Ms. DiCarlo pointed out that hundreds of foreign nationals were expelled from Libya’s eastern and southern borders without due process, with some “placed in extremely vulnerable situations across remote stretches of the Sahara Desert without sufficient food, water, safety and medical care”. 

“The United Nations remains ready to work with Libyan authorities on a long-term national response to migration and refugee management in line with international law to include addressing human rights concerns”, she assured. 

Accountability  

To ensure political progress, Elham Saudi, Co-founder and Director of Lawyers for Justice in Libya, said that all who commit abuses must be held accountable, including mercenaries. 

She noted that without law, revenge would be the only winner.  

Ms. Saudi also maintained the importance of an enabling environment for all rights advocates, especially women, and expressed hopes for a human-rights based approach in how Libya is governed, going forward. 

Continue Reading

Middle East

Embarking on Libya’s Noble Foray Into the Future

Published

on

On Saturday the 22nd of January, activists from across the civil society spectrum in Libya gathered over Zoom with one purpose in mind; publicly declaring their support for the 1951 Libyan Independence Constitution. Despite the political turmoil which has engulfed the country since the Arab Spring began in Tunisia in 2011, a strong civil society movement which supports a return to our historical constitution, has always existed in Libya. These supporters, who represent a significant number of Libyans from across the country, see the restoration of the 1951 constitution as the only way to shape their future.

Libya has been through an immeasurable amount of internationally led initiatives, all aimed at providing Libya with long term “solutions”. Only over the course of the past decade, one can count the UN-brokered Skhirat agreement in December of 2015, the 2017 Paris meeting, the 2018 Palermo conference alongside Mohammed bin Zayed’s Abu Dhabi gathering in February 2019. Followed by Putin and Erdogan’s joint call for a ceasefire in 2020, alongside the first (2020) and second (2021) Berlin conferences alongside UN-sponsored talks in Geneva, each and every one of these efforts amounted to nothing.

The main reason behind these, perhaps well-intentioned but failed attempts, was the simple fact that none of these efforts had any grounding in Libyan history or the support of the Libyan people. Reaching consensus in a society as heavily divided as that of Libya, is a significant challenge. However, placing our faith in our history will undoubtedly provide us with a solution that is closer to the hearts of citizens of our nation and which has the potential to assist in competing factions finally putting their differences aside.

This was the catalyst of Saturday’s meeting which sought to once and for all provide an authentically Libyan solution to the issues which have been plaguing the country for over a decade. The first of these is the preservation of our territorial integrity which has for too long been challenged by foreign actors. It is high time that a long term resolution for our country’s ills is found that ensures the exclusion of foreign elements from shaping the future of our great land.

The second issue the gathering sought to underscore was the need to build an inclusive future for all members of Libyan society. For far too long, our country has excluded citizens of certain political persuasions, cultural backgrounds or those who hold different opinions. Every Libyan deserves equal opportunities, protection of basic rights alongside access to justice. This has been impossible in a country which for so long has lacked a cohesive national identity.

These two issues are indeed intertwined with the third issue which the conference sought to highlight, namely, our demand to return to constitutional legitimacy under the leadership of our Crown Prince Mohammed El Hasan el Rida el Senussi. As the sole heir to the throne of King Idris, passed down through the late Crown Prince Hassan, Prince Mohammad is the leader our country has yearned for.

With leadership claims grounded in historical fact that cannot be upended by foreign or domestic elements, from an ideological standpoint, Prince Mohammad serves as an anchor, offsetting challenges to stability posed by foreign elements. This is strengthened by his position as  the scion of a family which has been in Libya for centuries and founded the Senoussia movement, briniging with it Islam, to the country. Furthermore, historical memories of the reign of King Idris, which saw religious tolerance, gender equality and security for its citizens, reflects the future which Libyan’s would like to see for themselves today.

Bringing together journalists, academics, human rights defenders and political activists, Saturday’s gathering was indeed revolutionary. It would have been unimaginable that such a gathering would even have taken place a mere decade ago. Representing not only themselves, but a wide range of segments of Libyan society, those attending over Zoom broadcasted a powerful message; a rejection of foreign attempts top shape the future of the country alongside a return to historical, constitutional, legitimacy under the leadership of the only man who can help Libya exit the current quagmire and begin its noble foray into the future.

Continue Reading

Publications

Latest

Eastern Europe6 hours ago

Ukraine Lies About 2022 Russian Attack to Hide Dying Economy

Yesterday, Ukraine’s president Zelensky speaking to the Ukrainian Foreign Intelligence Service said “We have learned to contain external threats. It...

Reports13 hours ago

Structural Reforms Needed to Put Tunisia on Path to Sustainable Growth

Decisive structural reforms and an improved business climate are essential to put Tunisia’s economy on a more sustainable path, create...

Development15 hours ago

‘Global learning crisis’ continues says Guterres; millions still hit

Almost two years into the COVID-19 pandemic, school closures continue to disrupt the lives of over 31 million students, exacerbating what...

Middle East18 hours ago

Ukraine crisis could produce an unexpected winner: Iran

 Iran potentially could emerge as an unintended winner in the escalating crisis over Ukraine. That is, if Russian troops cross...

Finance18 hours ago

How Twitter can help your business

Twitter is easily one of the leading online platforms which encourages networking on a global scale. The number of users,...

Economy20 hours ago

2022: Rise of Economic Power of Small Medium Businesses across the World

Why mirrors of the Wall: To fight obesity a life-sized mirror required, to uplift the national economy a simple calculator is...

Reports22 hours ago

Lebanon’s Crisis: Great Denial in the Deliberate Depression

The scale and scope of Lebanon’s deliberate depression are leading to the disintegration of key pillars of Lebanon’s post-civil war...

Trending