Europeans concerned about rule of law in Turkey

The Independent Commission on Turkey, a body supported by the Open Society Institute in Turkey, released its third report on Turkey's relations with the European Union on Monday in İstanbul.

Composed of mostly senior and distinguished politicians from different European countries, the commission aims to encourage Turkey's path to the EU.

The report is titled "Turkey in Europe: The Imperative for Change” and brings up significant criticism regarding the recent developments in Turkey, especially since Dec. 17, a time which has been marked by massive corruption allegations against the ruling Justice and Development Party (AK Party).

Talking to Sunday's Zaman, the report's author, Deputy Director of Istituto Affari Internazionali (IAI) Nathalie Tocci said there have been steps backward in Turkey in terms of the rule of law, and she encouraged the EU to open up new chapters to overcome the stalemate in relations with Turkey.

Commenting on Prime Minister Recep Tayyip Erdoğan's targeting of the Hizmet movement, Tocci said the independent commission on Turkey “[will] look at the clash within the broader context of what we define as the transit polarization within Turkish society.” According to her, although polarization has always existed in Turkish society, “a deep rift within the conservative camp” is a relatively new phenomenon.

However, she believes that rather than the clash itself, the worrying aspect is the “reaction to that clash,” which manifests itself in the restrictions on freedom of expression, freedom of media and other consequences. Tocci said that she is concerned about the impact of the current political crisis on democratization in Turkey.

Emphasizing the constructive role that the commission is trying to play in Turkey-EU relations, Tocci says the important question to ask is what the EU itself can do to have a “positive impact on Turkish democracy.” Referring to the recent criticisms of various EU officials about Turkey in the last few months, Tocci says that what matters is to make these criticisms be taken seriously by the government.

In response to a question of whether the government takes the EU seriously, Tocci says that in order to do so, the EU can open chapters 23 and 24 in the accession negotiations, areas that specially concern “freedom of expression and judiciary; the main areas that were seen [as] negative developments in the recent months.” Tocci added that criticism alone does not make much difference.

In reference to the part of the report that mentions the reshuffling of police officers and members of the judicial system, Tocci refrains from using the term “witch hunt” but says that she would see it in a category of “politicization of state institutions, which is a very serious development as far as the Turkish democracy is concerned.” According to her, these state institutions are supposed to be beyond politics rather than being an instrument or arm of one political faction. She defines the separation of powers as an area in which there has been backsliding in Turkey.

Expectedly, Tocci notes the separation of powers as a “fundamental feature” of any European democracy. For her, it should especially manifest itself in the judiciary and the executive branch. However, she says that recent changes in a top judicial body -- a controversial legislation on the Supreme Board of Judges and Prosecutors (HSYK) that gave the government a greater grip over the judiciary -- is one of the negative developments that the EU has seen lately.

Stating that the ban on Twitter and YouTube had not been in place at the time of the writing of the report, Tocci explained that the Internet law is a display of an “existing trend.” She referred to the increase on the restrictions on the media in general and said that the problems have only “accelerated.”

When asked about Mahir Zeynalov, an Azerbaijani journalist from Today's Zaman who was deported due to tweets allegedly critical of the prime minister, Tocci said that “a million different cases” could be mentioned, but the commission prefers to take the “bird's eye view” as far as the problems of Turkey are concerned. “We do not go into specific cases; we look at the broader trends of entrenchment of media freedoms in Turkey,” she said.

Recommending the EU to open chapters 23 and 24 while continuing to voice its criticisms, Tocci says, "That is the only way that a credible and trust-based relationship can be established again.”

In response to allegations of a “parallel state” in Turkey due to the critical remarks of the EU officials, Tocci said, “There is a deep problem of trust between Turkish authorities and the EU.” According to her, it is very easy to use EU remarks within the “Turkish political game” at times of crisis. The remedy, according to her, is to “put the relationship on healthy footing and make the criticisms.” Otherwise, the relationship will simply be “hijacked” by one side or the other in an “internal game” of which Europe should not be a part.

Tocci emphasized that the EU's statements are a reaction to the “consequences of a struggle” on the media and the judiciary. The cause of the domestic struggle, for her, is polarization within the country.

Published on Sunday's Zaman, 13 April 2014, Sunday