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KurdistanObserver.com
Return Of The Turkish
“State of Exception”
Kerem Öktem
MIDDLE EAST
REPORT ONLINE
June 3, 2006
(Kerem Öktem
is a research associate at St Antony’s College, University of Oxford.)
Diyarbakır,
the political and cultural center of Turkey’s predominantly Kurdish
southeastern provinces, displays its beauty in springtime. The surrounding
plains and mountains, dusty and barren during the summer months, shine in
shades of green and the rainbow colors of alpine flowers and herbs. Around the
walls of the old city, parks bustle with schoolchildren, unemployed young men
and refugees who were uprooted from their villages during the Kurdish
insurgency in the 1990s. The walls, neglected for decades, have been renovated
by Diyarbakır’s mayor, Osman Baydemir of the Democratic Society Party,
successor to a series of parties representing Kurdish interests.
Although
Baydemir has restored that major symbol of local pride and Kurdish identity,
the state has not yet addressed the underlying problems of the city, whose
population is believed to have topped one million, and its environs.
Unemployment in Diyarbakır is estimated at around 40 percent. The
infrastructure is poor. A brief rainstorm can inundate even the relatively
upscale shopping district of Ofis in the twinkling of an eye, transforming its
streets into unpassable moats of muddy water. Refugees, squatting in buildings
clinging to the hills or residing in the informal high-rise suburb of Bağlar,
cram the busy streets and squares. Children of all ages and both sexes escape
the constraints of their makeshift homes to hawk facial tissues, pens and
erasers, or offer their services as shoeshine boys and porters. Even more
youngsters, many in shabby school uniforms, others excluded from education for
one reason or another, simply hang out, wary of the ubiquitous police with
their machine guns.
“KURDISH
PROBLEM”
Such Kurdish
youth have become the Turkish mainstream media’s new face for the “Kurdish
problem,” especially after Prime Minister Recep Tayyıp Erdoğan declared that
the “security forces will intervene against the pawns of terrorism, even if
they are children or women. Everyone should realize that.” Erdoğan’s comments
came in the wake of a week of rioting in Diyarbakır and other southeastern
towns in late March and early April 2006, in protest of the killing of 14
combatants of the “People’s Defense Forces,” a group linked to the rebel
Kurdistan Workers’ Party (PKK/Kongra-Gel), whose latest ceasefire with the
government broke down in the fall of 2005. The April unrest left dead at least
14 other people in the southeastern provinces of Diyarbakır, Batman and Mardin.
In Diyarbakır, 12 protesters, most of them young men, were shot dead by
security forces, though three children, aged three to seven, and a man of 78
were also killed. Conservative estimates mention 400 wounded in Diyarbakır
alone, with more than 500 detained for interrogation. The violence spread to
Istanbul, where three women passing by a demonstration in a mostly
Kurdish-populated suburb were killed by petrol bombs cast by rioters.
Human rights
organizations in Diyarbakır speak of at least 200 children taken into police
custody and severely beaten after the riots. The Diyarbakır Bar Association
says that 80 children between 12 and 18 years of age remain behind bars,
accused of “aiding and abetting” the PKK, a charge carrying a maximum jail
sentence of 24 years.
Whether the
protests were spontaneous or planned by the high command of the PKK/Kongra-Gel,
as the Turkish government claims, is hard to establish. The fact that Internet
and media outlets close to the PKK/Kongra-Gel immediately circulated the dead
militants’ portraits and personal details, together with the highly
inflammatory allegation that Turkish security forces had used chemical
weapons, suggests some degree of planning. In any event, the ensuing riots in
late March and early April reminded Diyarbakır residents and the country’s
Kurdish population of the darkest days of the undeclared war in the southeast
in the 1990s.
Following
the riots, the government hardened its rhetoric toward the Democratic Society
Party mayors of Kurdish-populated cities, and dozens of local party chairmen
and members in the southeast were taken into custody and charged with “aiding
and abetting terrorists.” A draconian draft Law for the Fight Against
Terrorism is now being discussed in the relevant committee of Parliament. Once
again, it appears, Turkey’s Kurdish question is framed as a national security
issue, seemingly interrupting the government’s cautious attempts, under
pressure to meet conditions for eventual membership in the European Union, to
resolve Kurds’ political grievances. How have matters deteriorated so rapidly,
less than two years after lawmakers, promising a “Kurdish spring,” paved the
way for Kurdish-language TV and radio programs, even if limited and
controlled? Is Turkey no longer a prime example of the moderating effects of
the EU’s soft power?
LETHAL
COCKTAIL
Turkey’s
mainstream media, along with many independent analysts, hailed the EU’s
October 3, 2005 decision to start membership talks with Turkey as a historic
turning point. The window of opportunity was opened by the commitment of the
governing Justice and Development Party (in Turkish, Adalet ve Kalkınma
Partisi, or the AKP) to legal reform and political liberalization in order to
strengthen the democratic system and protections for human rights. Backing for
the European project ran at a high 70 percent in Turkey. The emotive drive for
a “clean” Turkey was powerfully unifying, allowing the “moderate Islamists” of
the AKP, secularists, Kurdish nationalists and, haltingly, the military
establishment to join in the chorus of support for the prospect of EU
membership. Even if this convergence was a single-issue alliance rather than
an ideological realignment, the gradual withdrawal of the military from the
sphere of politics and a more inclusive state policy towards ethnic and
religious minorities seemed to be at hand.
Within less
than a year, however, this coincidence of positions regarding the country’s EU
orientation has eroded. This erosion is due to a lethal cocktail of mutually
reinforcing trends, each of which the AKP government has failed to contain. An
aggressive nationalist discourse, steeped in anti-imperialist and
anti-European sentiment, as well as barely veiled xenophobia, has reemerged.
The set of actors and practices popularly known as the “deep state” (derin
devlet) has reared its head. Finally, turmoil in Turkey’s Middle Eastern
backyard has added yet more tension to the precarious domestic situation.
RETRO-NATIONALISM
In the last
few years, taboos about national history have been lifted in Turkey. Topics
that once could not be openly discussed, such as the destruction of the
Ottoman Empire’s Armenian communities in 1915, the population exchanges
between Greece and Turkey, and the waves of discriminatory state policies
toward non-Muslim minorities, are now in the public eye. There are myriads of
new publications on the Armenian genocide, the persecution of Kurds and other
minority groups, and a number of conferences and public discussions have been
convened, leading portions of the public to rethink Turkish identity and the
history of the Republic.
Almost
simultaneously, a reactionary brand of Turkish nationalism, infused with
Islamist, secularist and/or socialist themes, reinvaded the public sphere.
Such a position had been propagated by the maverick ex-Communist leader Doğu
Perinçek and his Workers’ Party for several years. More recently, however,
this brand of nationalism has become acceptable in the mainstream media and in
the public debate. Like most extreme nationalist discourses, it is based on
the dual pathology of excessive regard for the “self” and hatred of the
resulting multiple “others.” If, in this reading, the EU is reduced to a “club
of Christian nations” trying to dismember the territorial unity of Turkey,
Kurds appear as the most significant internal “other,” overshadowed only by
what is usually referred to as the “Armenian diaspora.” In the new nationalist
identity politics, denial of the destruction of Ottoman Armenians, in addition
to the suspicion of Kurdish “separatists,” has become one of the central
crystallization points of a reaction to the European project and the source of
conspiratorial scenarios pertaining to the “dismemberment of the unitary
republic.” An April survey conducted by Umut Özkirimli of Istanbul’s Bilgi
University, and published in the Tempo weekly, shows that a majority of the
public now shares the view that the EU process constitutes a threat to the
country’s territorial integrity. Paradoxically, a majority -- about 63 percent
-- also remains supportive of the distant goal of EU membership.
The
nationalist-conspiratorial mindset is reproduced in a growing body of
semi-factual bestsellers and films that celebrate the history of the Turkish
people as a fight for survival against malignant European powers and the
neo-colonial United States. Sales of such books easily reach 100,000 copies or
more, with Turgut Özakman’s These Mad Turks, depicting the 1919-1923 Turkish
war of independence as a heroic, almost supernatural struggle of good against
evil, selling more than 700,000 official, and probably as many pirated,
copies. If this retrospective response to current developments attempts to
repair a “humiliated national pride” with reference to the “golden age” of the
War of Independence, the box office hit Valley of the Wolves in Iraq deals
with a much more immediate theme. The film, loosely based on a real story,
follows a Turkish avenger on his mission to restore national pride after the
humiliation of Turkish soldiers by US occupying forces. The protagonist
operates outside the law, backed not by state agencies, but by patronage
extending from mafia-like organizations, extreme nationalists and “patriotic”
individuals within the state apparatus. The stress on “madness” in many of
these publications is disconcerting, if not surprising -- as is their
celebration of violence and illegality as long as it defends the honor of “Turkishness.”
These pop
culture manifestations of national pride and suspicion of the outside world
might be read as indicators of a public disoriented by the “free market of
ideas,” and frustrated by rejectionist and essentialist discourses on Turkey
in Europe. The remedy proposed by these books, TV series and movies is the
safe haven of familiar nationalist narratives of a past splendor waiting to be
restored. As such, their extreme success might be explained, to some extent,
by the workings of market forces.
Some
commentators, however, argue that there is a concerted effort of
“psychological warfare” behind this “retro-nationalist” cultural production.
There once was a National Security Council organ actually named the Center for
Psychological Warfare, responsible for spreading information and
disinformation during the Kurdish insurgency. The center was officially
disbanded, yet its structure and political objectives have been taken over by
at least one office within the Interior Ministry, the Department for Public
Relations. An undisclosed number of agencies within the military and security
establishment, along with ultra-nationalist networks, are believed still to be
operating in this field. According to an April 4 report in the Islamist
newspaper Zaman, the Interior Ministry is concerned to instill in Kurdish
schoolchildren a sense of ethnic and religious unity with the Turkish nation
through the celebration of “collective victories” in World War I and the war
of independence, hence discouraging identification with a “Kurdish cause.”
Many members
of the AKP government might be sympathetic to some of this chauvinist
rhetoric, especially after their hopes of lifting the headscarf ban in Turkish
universities were crushed by the European Court of Human Rights in Strasbourg.
Yet the party’s current inability to set the tone of the debate, and its
complete passivity regarding the outbreak of violence in the Kurdish
provinces, evokes a more serious transformation: a reshuffling of the actors
in the political sphere and their capabilities. There appears to be a creeping
transfer of power from the democratically elected government back to the
military and security establishments and their formal, semi-formal and
extralegal extremities -- in short, the “deep state.”
RETURN OF
THE DEEP STATE?
Signs of
renewed PKK operations and clandestine counter-terrorist activities in the
southeast have multiplied since November 2005, when a bomb exploded in a
bookstore in Şemdinli, a town in the province of Hakkari, close to the Iraqi
border. Locals witnessing the attack identified the culprits as three
plainclothes gendarmerie intelligence officers. The incident evoked the series
of counter-insurgency plots from the 1990s, when the state sought to contain
PKK terror with extrajudicial killings carried out by semi-legal
anti-terrorism units, the Kurdish Hizballah and paramilitary “village guards”
on the state payroll. Although the AKP government promised a transparent
investigation of the Şemdinli bombing, regional discontent soon descended into
violence, most probably steered by the PKK/Kongra-Gel command. The riots
resulted in several protesters being shot dead by security forces.
In a bold
move, the chief prosecutor of the province of Van, Ferhat Sarıkaya, drafted an
indictment that alluded to relations between the General Command of the Armed
Forces and PKK informants, and to the involvement of gendarmerie officers in
the Şemdinli incident. The indictment reached the press before court
proceedings started, suggesting a political motive of exposing the army’s
dealings. In spite of the seriousness of the allegations, the prosecutor was
neutralized after the chief of the general staff, Gen. Hilmi Özkök, reportedly
contacted Prime Minister Erdoğan and asked for “necessary steps to be taken,”
as members of the military were accused. In due course, the Higher Council for
Judges and Prosecutors dismissed Sarıkaya from his post and barred him from
the legal profession, on the grounds that the indictment might lead to
accusations against the army and other state offices. This move was met with
widespread dismay from the country’s bar associations and even some senior
judges, who declared it a disproportionate intervention at best, and a most
serious breach of the judiciary’s independence at worst. Among many Kurds,
Sarıkaya’s dismissal was understood as a lack of commitment to accountability
for those in the state apparatus who act in a clearly provocative fashion to
fuel tensions between Kurds and the state.
Tensions in
southeastern towns and migrant quarters of western cities were left to simmer,
even if Erdoğan attempted to diffuse anger by acknowledging the “Kurdish
problem” and insisting on a “constitutional citizenship” uniting all
inhabitants of the country, regardless of ethnic and religious background.
With the rising numbers of PKK fighters and soldiers being killed in combat,
however, a renewed eruption in the southeast seemed unavoidable, and in April,
it occurred.
As a number
of commentators put it, this descent into violence resembles comparable
instances of social unrest in the late 1970s before the coup of September 12,
1980, and the decade of the Kurdish insurgency that reached its peak in the
1990s and triggered passage of the infamous Anti-Terrorism Law of 1991. The
immediate response of the government to the April riots, in the form of the
draft Law for the Fight Against Terrorism, evokes the limitations on human
rights and personal freedoms facilitated by the 1991 law and administered
brutally during the state of emergency in the southeast.
In its
current version, the new draft law threatens to make obsolete most
liberalizing reforms of the penal code undertaken in the last few years. The
draft outlaws not only the “propagation of terrorist groups,” but also the
“propagation of the goals of terrorist groups,” an ambiguous formulation that
could be applied to penalize legitimate requests such as education in Kurdish,
on the grounds that these demands are also advocated by the PKK. The new draft
brings back prison sentences of one to three years for the publication of
views that are deemed supportive of terrorist groups. In addition, the chief
prosecutor of any province would be able to suspend publications, an action
hitherto only possible with a court order. Many critics of this draft point to
the extensive scope of the definition of terror, which could be used to charge
independent journalists and Kurds engaging in legal politics. Furthermore,
membership in organizations that advocate changing the constitutional order
would be punished with heavy jail sentences, even if violence or incitement to
violence is not on the group’s agenda.
THE
MIDDLE EASTERN FRONT
Developments
on Turkey’s Middle Eastern front are further stirring the pot of recrudescent
nationalism and assertiveness by the “deep state.” Northern Iraq, or Iraqi
Kurdistan, closer than ever to formal independence, is a base for PKK units
that continue to infiltrate Turkey across uncontrollable mountainous borders.
Some analysts argue that most of the recent incidents would not have been
possible without the logistical infrastructure supplied by the leaders of the
Kurdistan Regional Government in Iraq. The unwillingness of US occupying
forces to contain the movements of PKK units into Turkish territory is easy to
comprehend, as the Kurdish entity in northern Iraq and its leaders remain
Washington’s only reliable allies in Iraq. Turkish decision makers, however,
are increasingly upset.
Along with
PKK infiltration from Iraq, mounting tensions over Iran’s nuclear program and
rumors of airstrikes have induced the Turkish military to deploy large army
contingents to the Iraqi and Iranian borders and to the urban centers of the
southeast. While army sources consistently deny allegations that the
deployment is linked to imminent extra-territorial movements of army units,
recent incursions into northern Iraq with the aim of targeting PKK positions
suggest otherwise. (Websites close to the PKK/Kongra-Gel have documented a few
of these raids.) Nevertheless, the relocation of army units to the Kurdish
provinces almost certainly has the additional corollary of reestablishing a
semi-state of emergency in those provinces, which had just begun to be
demilitarized a few years ago.
THE AKP’S
LOW PROFILE
In State of
Exception, Giorgio Agamben refers to President George W. Bush after September
11, 2001 as attempting to produce a “situation in which the emergency becomes
the rule, and the very distinction between peace and war (and between foreign
and civil war) becomes impossible.” Reviewing the brief history of Turkish
democracy since the 1950s, one could safely argue that the notion of
“emergency as a rule” has been a structural determinant of Turkish politics,
and even more so, the governance of the mostly Kurdish southeast. The hope
that the AKP government would use the EU-induced reform process to extirpate
the extralegal networks tying the security establishment to the international
mafia and extreme nationalists appears to have been unfounded. Recent
developments suggest that these networks have remained in place, and can now
benefit from the interplay of rising Turkish nationalism, mounting
inter-ethnic violence and a comeback of the armed forces to the sphere of
politics. All of these phenomena reignite the Sèvres syndrome, the sense of a
beleaguered Turkish nation on the verge of extinction, which in turn justifies
the politics of exception, namely the suspension of human rights and
individual liberties in the fight against “Kurdish terrorism.”
Under these
conditions, the EU’s soft power will encounter further roadblocks in Turkey.
Should Turkish units make regular sorties into Iraq, and persist in enforcing
heavy-handed security measures to quell Kurdish protest in the southeast,
Turkish-EU relations are likely to sour. With no PKK ceasefire on the horizon
and the ongoing ostracism of elected Kurdish leaders on the one side, and
growing inter-ethnic alienation and the threat of a new Kurdish insurgency on
the other, the prospects for continuation of the government’s reform course
seem bleak. This predicament of the AKP is aggravated by the fact that almost
all opposition parties, including the centrist Republican People’s Party of
Deniz Baykal, have chosen to attack the government from the right, reverting
to the emotive language of an even more hawkish nationalist position. Baykal
caused an uproar in Parliament when he alleged that the government intends to
pardon the jailed leader of the PKK/Kongra-Gel, Abdullah Öcalan.
Trapped in
the power play of multi-party politics, the AKP appears to have chosen to keep
a low profile until the presidential elections and possible early elections
for Parliament in 2007. Party strategists may believe that mounting tensions
over the erosion of the principle of secularism will ultimately strengthen the
party’s appeal to its pious core constituents, and help its reelection.
Yet that
strategy entails obvious risks, as seen in the aftermath of the May 18
shooting of a senior judge by an Islamist youth angered by the court’s ruling
banning the headscarf for public-sector employees and university students.
Demonstrators blamed the AKP (which bitterly criticized the court’s ruling)
for the shooting, some going so far as to call Erdoğan “a murderer.” If the
AKP merely leaves the field to their political opponents, such tensions could
intensify, and there could also be a vacuum in policy toward northern Iraq and
probably Cyprus, as well as in the southeastern provinces. The security
establishment would soon fill such a vacuum, prone as it is to extralegal
action in domestic matters and brusqueness in international politics. Should
this occur, EU accession talks would be in jeopardy, as would social and
economic stability.
An
alternative scenario would be possible if the governing AKP regained the
political initiative by reestablishing an EU-oriented reformist consensus.
Regaining the initiative would mean addressing Kurdish grievances, softening
the requirement that parties win 10 percent of the national vote to be seated
in Parliament, a rule that effectively excludes Kurdish parties, engaging the
Cyprus question in good faith, and resuscitating the process of legal reform.
Another important step would be to withdraw or substantially revise the
anti-terrorism bill, which in its current iteration is likely to be overruled
by the Constitutional Court. This scenario would, however, also require the EU
to reach out to Turkey on issues such as Cyprus, which currently appears
rather farfetched.
GRIM
PROGNOSTICATIONS
Angry young
men and children in the streets of Diyarbakır say they do not desire to return
to the undeclared war of the 1990s, which left more than 35,000 dead,
thousands of villages burned and destroyed, and more than a million people
displaced from their villages into the packed cities of the southeast as well
as metropolises in the west. They also affirm, however, that if “nothing
changes,” a “civil war will break out” for which they believe themselves to be
“well-prepared.” In the absence of job opportunities, decent living
conditions, parliamentary representation for parties sensitive to Kurdish
concerns and government recognition of Kurdish grievances, these grim
prognostications deserve to be taken seriously.
What can be
said with some degree of certainty is that the great expectations vested in
the AKP government and in the dream of a shortcut to EU membership were
illusory indeed. The government would take a considerable political risk if it
committed itself sincerely to clearing the swamp of extralegal
ultra-nationalist and mafia organizations, nurtured during the decade of
violent conflict in the 1990s, and their mentors in the state apparatus.
Without such resolve, a further escalation of violence in the southeast and an
increase in hostility between Turkish and Kurdish communities is inescapable.
What may happen even in the worst-case scenario is a more realistic evaluation
of Turkey’s capacity for and interest in joining the EU. In the words of
Philip Robins, Turkey is a “double-gravity state,” condemned by geography and
history to exist between and within the state systems of the Middle East and
Europe. In any case, before spring turns into summer in Diyarbakır and the
rest of Turkey, there will be many cold days.
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