HomeArticleCounter-terrorism in Turkey: Are Turkish domestic measures to counter terrorism endangering human rights?

Counter-terrorism in Turkey: Are Turkish domestic measures to counter terrorism endangering human rights?

Research Article  By Ms. Plamédie Mesongolo LIPR AOP in France

INTRODUCTION:

Islamist terrorrists groups, especially ISIS, have consolidated on Turkey’s borders with Syria and Iraq in last decades. Many foreign fighters have also travelled into Turkey in the hopes of joining these groups. In addition, Ankara has watched with concern the emergence of a Kurdish statelet in northern Syria, following decades of attempted Kurdish independence. Meanwhile, migrants from Syria and Iraq have streamed into Turkey, with an estimated three million in the country as of April 2018.[1][2][3][4]

Although, Terrorism does not have an internationally agreed definition, the word emerged from the French Revolution, like many other now terms including “guerrilla” and “counter-revolution.” It was first used in 1794 to describe governments’ use of fear against their own citizens. That is where the concept originated, and it is important to remember. Etymologies and meanings alter throughout time, and the phrase has taken on many various meanings. It is now commonly used to describe acts of violence that are not part of a war or civil conflict but are carried out for political intend. In this instance of this essay, terrorism is referred to as  political terrorism, common examples are kidnappings, hostage takings, hijackings, explosions, and so on.[5]

“Turkey stands in the forefront of the terror threat…fighting on not one but three fronts,” according to then-Turkish Foreign Minister Feridun Sinirliolu, he list the three main  religious extremist organisations, ISIS, Kurdish PKK separatists, and radical leftwing groups.[6]

Kurdish separatist, far-left, and Islamist ideas are embraced by extremist organisations in Turkey. Since 1984, the Kurdistan Workers’ Party (Partiya Karekeren Kurdistan, or PKK) has been fighting for the creation of a Kurdish state. The PKK is considered the most dangerous terrorist organisation in the country by the Turkish authorities. Following the unsuccessful July 2016 coup attempt against President Recep Tayyip Erdogan by mutinous Turkish officers, the PKK is now being targeted in a larger Turkish security crackdown. Besides, the struggle of the PKK is also linked to the unrest in Iraq and Syria, where Turkey is attempting to exert its power on a battlefield rife with opposing forces.[7]

To understand if the current domestics counterterrorism measures are endangering human rights in the country it is important to understand Turkey and the impact that terrorism has had in the country throughout its history. Furthermore, the historical background will enable a better understanding of the situation in the last decade, and then discuss the recent operations and the accusations of human rights violations that Ankara has faced.

  1. Terrorists activities in the history of Turkey

      a Historical Background:

The student protest movement in the 1960s sparked terrorism in Turkey in the 1970s. Sit-ins, street demonstrations, and the establishment of a new political party, the Turkish Labor Party, were used by leftist extremists to confront the regime (TLP). Leftist radicals began to adopt a more aggressive stance after receiving only 3% of the public vote in 1965 and 2.7 percent four years later. In addition, the Palestine Liberation Organization (PLO) provided information on the use explosives and weaponry. Between 1976 and 1980, hundreds of terrorist events claimed the lives of almost 5,000 people, according to Turkish academic Sabri Sayari.[8]

Furthermore, the Federation of Revolutionary Youth of Turkey (Dev-Genç) was founded in 1969 by the Proletarian Revolutionaries and Proletarian Socialists. Bank robbery, bombings, and kidnappings were among the terrorist actions. To apprehend revolutionaries, the military established martial law in 1971 and these incidents had ceased by 1973.[9]

On the other hand, during the 1980s and 1990s, the Kurdistan Workers’ Party (PKK), a Kurdish separatist organisation, was responsible for the vast majority of terrorist acts. These strikes disproportionately impacted Turkey’s eastern and southeastern provinces, where the PKK has concentrated its operations.[10][11] Later, Jihadist terrorism in Turkey was an isolated phenomena in the 1980s and 1990s, represented by the Turkish Hezbollah and the Great Eastern Islamic Raiders’ Front. [12]

Since the 2000s, Islamist groups, some of which have ties to Al-Qaeda, have increased their attacks.[13] The Turkish Hezbollah is one group that has been investigated by scholars. Some experts say that in the 1990s, reducing the threat posed by Iranian-backed Islamist terrorist groups allowed them to escalate their goals of overthrowing Turkey’s secular government and establishing an Iranian-style theocratic republic.[14]

Terrorism has clearly taken a heavy toll on Turkey over the last few decades. A relatively consistent stream of terrorism-related events killed an estimated 30,000 to 35,000 Turkish civilians between 1984 and 2000.[15] The Kurdish separatist group PKK was responsible for the vast majority of terrorism-related events (and casualties) during this time, which disproportionately affected Turkey’s eastern and south-eastern regions, where the PKK has concentrated its activities.

Although the vast majority of terrorist incidents in these two decades have been explosions or shootings with less than ten casualties per event. Between 1984 and 2003, 15 terrorist incidents resulted in the deaths of 30 people (eight shootings, five bombings, and two arsons). The Hotel Madimak arson attack by the Turkish Islamic Movement in 1993 resulted in the highest number of casualties of any of these events, with 93 people killed.[16]

  1. Turkey counterterrorism policy against PKK

As established, since 1984 Turkey has been actively combating PKK terrorism. Turkey’s latest counter-terrorism policies, which implementation started in 2015, have radically altered the reality on the ground in comparison to the previous 40 years of fight.

In total, Turkish security forces have neutralised over fifteen thousand PKK terrorists in Turkey, Northern Iraq, and Syria since 2015, through military operation such as Operation Olive Branch in Afrin, Operation Decisiveness and Operation Claw in Iraq. More recently, Turkey has neutralised up to 100 high-ranking terrorist officials through drone strikes and special intelligence operations, which is the largest number in Turkey’s counter-terrorism operations history in a short period of time.[17]

In 2018, Turkey’s Ministry of National Defense declared the start of “Operation Claw,” a cross-border military operation against the PKK in northern Iraq. The operation’s aimed goal is to ensure Turkey’s border security while also targeting PKK objectives in northern Iraq’s Metina, Zap, and Avashin-Basyan. The Ministry of National Defense has stated that the operation aims to prevent large-scale strikes against Turkey by the PKK, and destroy the terrorist organisation’s tunnels and shelter in the Hakurk region, and neutralise the terrorists.[18][19] Turkey’s  drones are an integral component of the country’s new operational and strategic capability in the fight against terrorism and guaranteeing border security, particularly after the attempted coup on July 15, 2016.[20][21]

Although, cross-border operations against PKK targets in northern Iraq are a difficult and challenging military endeavor. Protests by Baghdad and the Kurdish Regional Government (KRG), in addition to NATO allies’s restrictions on vital military hardware, and the proximity of the Qandil Mountains to the Iranian border are only a few of the obstacles Ankara faces.[22]

Turkey launched operation “Kapan” on January 13, 2020, to expel PKK fighters from the country’s southern region. The operation, which comprises police and gendarmerie, was initiated in a remote part of Hakkari province and involved  over 800 security officers. Later in March 2020 Turkish security forces initiated the “Kapan-7 Garisa” counterterrorism operation in Turkey’s eastern in order to counter the PKK’s danger, the operation assigned about 500 soldiers to the region. Although, the PKK still maintains a substantial presence and a number of bases in Turkey’s eastern and southeastern regions, which was the focus of the operation.  Later, Turkey started Operation Eren against the PKK in January 2021. Named after Eren Bülbül, a 15-year-old killed in an anti-PKK operation on August 11, 2017, inspired a succession of anti-terrorist actions.[23]

  1. The Impact of counterterrorism measures on Human rights
  2. Human Rights violations in the military war against terror

Iraq’s Foreign Affairs Ministry accused the Turkish government of violating Iraqi sovereignty, on April 15, 2020, Turkey launched airstrikes in northern Iraq, seeking to target members of the PKK. The military drone struck the Makhmour refugee camp—which the Turkish government claims as a hotbed of the PKK—killing two refugee women in the process. Although a Turkish drone killed two Iraqi border guards and their driver in August 2020, Turkey declared it would continue striking against the PKK in Iraq.[24][25]

Following the failed coup attempt in July 2016, the Turkish government declared a two-year state of emergency. Human rights organisations have criticised Turkey’s government of facilitating the arbitrary arrest, kidnapping, detention, and torture of terrorist suspects.

Between January 2, 2017 and October 30, 2017, Turkish police imprisoned 35,145 alleged terrorists, according to the Turkish interior ministry. Turkey has been accused by Human Rights Watch of torturing terror suspects, particularly those suspected of ties to the PKK. In addition, Turkish detentions of terrorist suspects are frequently based on “scant evidence and minimal due process,” according to the US State Department.”[26][27] Besides, Erdogan has shut down many Kurdish news organisations and suspended 11,250 teachers for alleged PPK ties.[28]

Based on local sources and open-source material, Crisis Group has reported 74 non-combatant deaths in violent incidents in northern Iraq since July 2015, with more than half of them occurring when Turkey intensified its air campaign in mid-2019. According to news reports from the ground in Northern Iraq, a few thousand villagers in the Amedi district and hundreds more in the Duhok region have lost their houses and relocated to towns or cities further south. Civilians in the region complain of severe Turkish bombing as well as PKK terrorists pressuring villagers to provide air raid shelter. Although Turkish officials have officially denied that airstrikes have resulted in civilian fatalities. They claim that the use of drones has reduced the potential of collateral harm by allowing for more accurate targeting.[29]

  1. Law No. 7262

To further analyse the impact of counterterrorism measures on Human rights, the Law No. 7262 is the perfect example to assess the human rights violations. Law No.7262 on the Prevention of the Financing of the Proliferation of Weapons of Mass Destruction was established in 2020 and thus without any consultation with civil society; and it was implemented on 31 December the same year. The intended objective was to implement the Financial Action Task Force recommendations (FAFT). The FATF is an intergovernmental organisation that was founded with the objective of promoting effective implementation of laws, regulations, and other measures for combating money laundering, financing of terrorism, and similar threats to financial integrity.[30]

However, according to Amnesty International, the law goes far beyond what the FATF requires, and undermines the principle of legality with its overly broad and vague provisions and threatens to further weaken freedoms of association and expression, as well as a variety of other human rights, which are routinely violated by the Turkish government under existing laws. Several sections of Law No. 7262 can and will be exploited by the government in its continuous onslaught on independent civil societies and organisations.[31] For instance, the majority of non-profit sector measures either have no direct link to this goal or provides for measures to clearly overreach it intended aim. The law amends seven statutes, including the “Law on Associations” and the “Law on Aid Collection.” Furthermore, despite being directly affected by these modifications, it was drafted without consultation or input from stakeholders, notably the non-profit sector, and was accepted by Turkey’s Grand National Assembly only 11 days following its submission.[32]

These reforms raise severe worries about increasing limitations on not for profit organisation (NPO) operations in Turkey, which are already subject to a long-term crackdown. In the last decade, particularly since the July 2016 coup attempt, NPO actors and human rights advocates have been subjected to restrictive legislation and politically motivated criminal and administrative processes 2 intended at silencing them and hindering their activities. Following the failed coup, the government decreed the closure of nearly 1,300 groups and institutions.[33] Famous NPO actors have faced judicial harassment, investigations, convictions, and pre-trial detention based on vague and/or spurious terrorism-related charges in the absence of evidence of criminal acts in the context of a criminal justice system that has gradually lost its independence from the executive and has become more prone to being abused to crack down on NPOs.[34] The space for NPO work has shrunk drastically, and the Law poses a serious threat to Turkey’s autonomous NPO sector. This law also enhances the administrative sanctions that apply to non-profits organisations collect donations through internet platforms without first obtaining government authorisation.

Besides, in a letter to Turkey’s government, the Special Rapporteurs voiced concern about the recent Law No. 7262 on Preventing the Financing of the Proliferation of Weapons of Mass Destruction. They urge that the government revisit some sections of the law in order to guarantee compliance with human rights treaty commitments. They warn that Turkey may misunderstand the FATF’s assessment and exploit it to impose restrictions on civil society and human rights advocates in the name of combating terror funding. They particularly warn against the lack of consultation with civil society during expedited adoption; the provisions go beyond the law’s scope and particularly target civil societies. Moreover, according to them, the legislation may restrict freedom of association and have a detrimental influence on fundraising. They request more information on the law’s implementation, judicial monitoring, and human rights guarantees.[35][36]

CONCLUSION

While certain areas of the worldwide war against terrorism receive front-page coverage, most of the work remains unreported. However, not everyone agrees. Amnesty International accuses the Turkish government’s counter-terrorism measures, especially those formulated by international organisations, provide essential instruments for targeting opponents and silencing dissent.[37] The debate around the definition of terrorism still raises criticisms among human rights activists. After the bombing in central Ankara on March 13, 2016, President Recep Tayyip Erdoan urged that the term “terrorist” be broadened to encompass anyone who support terrorism. Activists, legislators, and journalists, according to the President, are examples of such people. “Their titles as MPs, academics, authors, and journalists do not diminish the fact that they are terrorists. This sympathisers, these accomplices, make a terrorist operation successful.”[38][39] These statement and Turkey’s counter terrorism measures were met with criticism by certain human rights organisations and other Intergovernmental organisations.

Whilst combating terrorism Turkey has committed numerous human rights violations including war crimes, silenced criticisms in the country and ignored UN and NATO warnings. Human rights should be placed at the center of efforts in combating terrorism, they are indivisibly interrelated and mutually reinforcing. Human rights should guide the development, implementation, oversight, monitoring, and evaluation of comprehensive policies and measures to prevent and counter terrorism including the underlying spread of violent extremism.

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[1] “Could Turkey Be Only a Few Steps Away from a Dictatorship?” The Independent, 28 Oct. 2015, https://www.independent.co.uk/news/world/middle-east/turkey-election-could-bitterly-divided-nation-be-only-a-few-steps-away-from-a-dictatorship-a6711106.html.

[2] “Turkey Election 2015: A Guide to the Parties, Polls and Electoral System.” The Guardian, 28 Oct. 2015, https://www.theguardian.com/news/datablog/2015/oct/28/turkey-election-2015-guide-parties-polls-electoral-system.

[3] “Syria.” European Civil Protection and Humanitarian Aid Operations, https://ec.europa.eu/echo/where/middle-east/syria_en.

[4]Cunningham, Erin, and Zakaria. “Turkey to Syrian Refugees: You Don’t Have to Go Home, but Don’t Stay Here.” The Seattle Times, The Seattle Times Company, 9 Apr. 2018, https://www.seattletimes.com/nation-world/turkey-to-syrian-refugees-you-dont-have-to-go-home-but-dont-stay-here/.

[5] Halliday, F. (1987). Terrorism in Historical Perspective. Arab Studies Quarterly, 9(2), 139–148. http://www.jstor.org/stable/41857902

[6] Kerry, John. “Remarks with Turkish Foreign Minister Feridun Sinirlioglu at Global Counterterrorism Forum Ministerial.” U.S. Department of State, U.S. Department of State, 27 Sept. 2015, https://2009-2017.state.gov/secretary/remarks/2015/09/247373.htm.

[7] “Turkey Neutralizes 82 Terrorists in Northern Iraq.” Anadolu Ajansı, https://www.aa.com.tr/en/turkey/turkey-neutralizes-82-terrorists-in-northern-iraq/2048975.

[8] Sayari, Sabri. “Political Violence and Terrorism in Turkey, 1976–80: A Retrospective Analysis.” Terrorism and Political Violence 22, no. 2 (2010): 198-215.

[9] Mango, Andrew. Turkey and the War on Terror: For Forty Years We Fought Alone. Routledge. 2005.

[10] Rodoplu, Ulkumen, Jeffrey Arnold, and Gurkan Ersoy. “Terrorism in Turkey.” Prehospital and Disaster Medicine 18, no. 2 (2003): 152-160

[11] Ferhad Ibrahim & Gülistan Gürbey. “The Kurdish Conflict in Turkey: Obstacles and Chances for Peace and Democracy” (2000)

[12] Malhotra, Brigadier VP. Terrorism and Counter Terrorism in South Asia and India: A Case of India and Her Neighbours. Vij Books India Pvt Ltd, 2011.

[13] Cline, Lawrence E. “From Ocalan to Al Qaida: the continuing terrorist threat in Turkey.” Studies in Conflict & Terrorism 27, no. 4 (2004): 321-335.

[14] Rodoplu, U., Arnold, J., & Ersoy, G. (2003). Terrorism in Turkey. Prehospital and Disaster Medicine, 18(2), 152-160. doi:10.1017/S1049023X00000285

[15] Ibid

[16] Rodoplu, U., Arnold, J., & Ersoy, G. (2003). Terrorism in Turkey. Prehospital and Disaster Medicine, 18(2), 152-160. doi:10.1017/S1049023X00000285

[17] Cengiz, Sinem, et al. “Turkey’s Counter-Terrorism Strategy and Operation Claw.” Politics Today, 19 May 2020, https://politicstoday.org/turkeys-counter-terrorism-strategy-and-operation-claw/.

[18] Ibid

[19] Körpe, Özgür. (2021). Framing Turkey’s Cross- Border Counterterrorism Operations in the Context of Pragmatic Strategic Culture An Operational Design. Military Review. 101. 116-128.

[20] Ibid

[21] Körpe, Özgür. (2021). Framing Turkey’s Cross- Border Counterterrorism Operations in the Context of Pragmatic Strategic Culture An Operational Design. Military Review. 101. 116-128.

[22] Cengiz, Sinem, et al. “Turkey’s Counter-Terrorism Strategy and Operation Claw.” Politics Today, 19 May 2020, https://politicstoday.org/turkeys-counter-terrorism-strategy-and-operation-claw/.

[23] “Turkey Launches New Operation against PKK .” Middle East Monitor, 13 Jan. 2020, www.middleeastmonitor.com/20200113-turkey-launches-new-operation-against-pkk/.

[24] Al Jazeera. “Turkey Says Operation against PKK in Iraq to Continue.” PKK News | Al Jazeera, Al Jazeera, 13 Aug. 2020, www.aljazeera.com/news/2020/8/13/turkey-says-operation-against-pkk-in-iraq-to-continue.

[26] “Turkey: Renewed Torture in Police Custody, Abductions.” Human Rights Watch, 28 Oct. 2020, www.hrw.org/news/2017/10/12/turkey-renewed-torture-police-custody-abductions.

[27] “Torture, Beatings and Rape – the Aftermath of the #Turkeycoup.” Amnesty International UK, www.amnesty.org.uk/aftermath-failed-turkey-coup-torture-beatings-and-rape.

[28] HAKURA, F. (2017). SECURITY CHALLENGES FACED BY TURKEY. In J. Carroll (Ed.), COUNTERTERRORISM YEARBOOK 2017 (pp. 87–89). Australian Strategic Policy Institute. http://www.jstor.org/stable/resrep04249.12

[29] “Turkey’s PKK Conflict: A Regional Battleground in Flux.” Crisis Group, 18 Feb. 2022, https://www.crisisgroup.org/europe-central-asia/western-europemediterranean/turkey/turkeys-pkk-conflict-regional-battleground-flux.

[30] Borlini, L. The Financial Action Task Force: An introduction. U4 Anti-Corruption Resource Centre, CMI, Bergen, Norway (2015) 4 pp. [U4 Brief, January 2015: 2]

[31] Turkey: Weaponizing Counterterrorism: Turkey Exploits Terrorism Financing Assessment to Target Civil Society.” Amnesty International, 10 Aug. 2021, www.amnesty.org/en/documents/eur44/4269/2021/en/.

[32] “Global NPO Coalition on FATF (Financial Action Task Force).” Global NPO Coalition on FATF (Financial Action Task Force) | Global NPO Coalition on FATF, fatfplatform.org/.

[33] Amnesty International, Weathering the Storm, 26 April 2018, https://www.amnesty.org/en/documents/eur44/8200/2018/en/

[34] Amnesty International, Brief on the human rights situation – Turkey’s state of emergency ended but the crackdown on human rights continues, 1 February 2019 https://www.amnesty.org/en/documents/eur44/9747/2019/en/; Amnesty International report 2020/21, The State of the World’s Human Rights, 7 April 2021 https://www.amnesty.org/download/Documents/POL1032022021ENGLISH.PDF

[35] “UN Special Rapporteurs Raise Concerns about New Counterterrorism Law in Turkey.” European center for Not-for-Profit Law, 17 Feb. 2021, ecnl.org/news/un-special-rapporteurs-raise-concerns-about-new-counterterrorism-law-turkey

[36] “Mandates of the Special Rapporteur on the Promotion and Protection of human rights and fundamental freedom while countering terrorism; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special rapporteur on the situation of human rights defenders” 11 February 2021 spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=26004.

[37] “Weaponizing Counter-Terrorism .” Amnesty International, 11 Oct. 2021, https://www.amnesty.org/en/latest/news/2021/06/weaponizing-counter-terrorism/.

[38] “Ankara Bombing: Erdogan Seeks to Widen Terrorism Definition.” BBC News, BBC, 14 Mar. 2016, www.bbc.com/news/world-europe-35807987.

 

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