Posts Tagged ‘European Court of Human Rights’

“Legal Violence” against Turkish journalists, writers and academics: the arrest of Ragıp Zarakolu and Büşra Ersanlı

Sunday, October 30th, 2011

There’s no good news and then there’s slightly better news.

Bad news: It’s not been a good week for Human Rights activists and journalists in Turkey, especially those who find themselves on the wrong side of the government’s official position on the rights of Kurds and other minorities.

Over the last week, Ragıp Zarakolu, a Turkish Human Rights activist. publisher and PEN International’s local “Writers in Prison” committee chair and Büşra Ersanlı, a noted Political Scientist at Marmara University and leader of the a liberal Turkish political party were rounded up with nearly 70 other politicians, journalists, students, trade unionists and community organizers.   Indeed, earlier this month Ragıb’s son Deniz, a Ph. D. student at Biligi University had been arrested after giving a lecture. Most, like Ersanlı are associated with various Turkish progressive NGOs including the Barış ve Demokrasi Partisi (Peace and Democracy Party) The Turkish government alleges that they are linked to a terrorist organization, the Kurdistan Workers Party (PKK) through its civilian wing, the Union of Kurdistan Communities (KCK).  7748 people have been arrested as a consequence of the government’s campaign over the last three years – most in the last 30 months. The arrests and prosecutions have been criticized by both Turkish and international human rights organizations like Human Rights Watch.  Among those arrested under nebulous terrorism laws were mayors, delegates to regional assemblies and parliamentary candidates primarily from cities and towns in Turkey’s Kurdish dominated southeast.

Ragıb Zarakolu

The BDP is a legal Turkish political party.  Any link to the PKK is nebulous at best – this isn’t Sinn Féin and the IRA.  What’s happening is just a witch hunt and another moment where the [ab]use of terrorism legislation to destroy a peaceful political opposition is taking place.  In the old days, repressive governments accused their opponents of being tools of Western imperialism, Leftists, Zionists, (or in the case of the remarkable Argentine newspaper editor, Jacopo Timerman, “Leftist Zionist.” BTW my Human Rights students read his Preso sin nombre, celda sin número and it has been a very successful prompt for in class discussion).

The Turkish government’s efforts should be understood as a brutal attempt to reverse the actual and possible electoral gains of a progressive, pro-Kurdish rights political movement through trumped up political and thought-crime prosecutions.  It’s probably also related to heightened tensions in Turkey as it renews its attacks against the PKK across the border into Iraqi Kurdistan.  Nevertheless, these mass arrests, which have a kind of retro feel to them, represent a giant step backwards for human rights and a pluralist political future for a European Union applicant state.  It is also a reminder, if one really needed one, that despite immense gains in Turkish civil society for the promotion of human rights, the recognition of the cultural rights of minorities and a coming to terms with the violent and genocidal history of Anatolia, that a ultranationalist vision of Turkey still prevails, even under Islamist governments like that which currently rules the country, and that the state will use all the coercive means in its power to protect that vision.

In a minor victory against that vision, the European Court of Human Rights (ECtHR) recently ruled in favor of Taner Akçam, who holds the Mugar Chair in Armenian Genocide History at Clark University.  Akçam had brought suit against the Turkish government at the court for violations of his human rights, in particular Article 10 (Freedom of Expression) of the European Convention of Human Rights.

According to the decision:

The Court found that there had been an “interference” with Mr Taner Akçam’s right to freedom of expression. The criminal investigation launched against him and the Turkish criminal courts’ standpoint on the Armenian issue in their application of Article 301 of the Criminal Code (any criticism of the official line on the issue in effect being sanctioned), as well as the public campaign against him, confirmed that there was a considerable risk of prosecution faced by persons who expressed “unfavourable” opinions on the subject and indicated that the threat hanging over Mr Taner Akçam was real. The measures adopted to provide safeguards against arbitrary or unjustified prosecutions under Article 301 had not been sufficient.

Turkey’s Article 301 criminalizes anything (speech, writing, art) that insults the Turkish Nation or the Republic of Turkey and is generally used to suppress the public discussion of issues like the Armenian Genocide.  Akçam’s victory underscores how threats of “legal violence”against dissidents, academics, journalists and students authorized by Article 301 has a powerful chilling effect and ultimately violates their basic human rights.

During the last several years, Turkish American organizations have used similar tactics, including the threat of lawsuits and indeed actual lawsuits against scholars, school districts and at least one university with whose scholarship on genocide and the promotion of its denial they disagree.  This includes a case brought by the Turkish Coalition of America against the University of Minnesota’s Center for Holocaust and Genocide Studies.  The case was dismissed but not before it used up resources and time and generally made miserable the brave interim director of the center, Professor Bruno Chaouat. The University of Minnesota understood that it was worth it to fight for Chaouat’s academic freedom, but also to protect all of us against the spread of the kinds of human rights violations that are too commonplace in contemporary Turkey.

Turkey’s Minorities – Between Human and Group Rights – Vestiges of the League of Nations

Friday, September 2nd, 2011

In a footnote to the previous post on the role of human rights in the history of the League of Nations, over the last week the government of Turkey has agreed to return property seized during the last 80 years from Christian and Jewish foundations to head off losing in the European Court of Human Rights (ECtHR).   Turkish human rights lawyers had brought suit against Turkey on behalf of various Christian and Jewish foundations that had had their property seized (orphanages, churches, hospitals, schools, &c.) by successive Turkish governments.  The lawyers argued that this was a violation of their minority rights as outlined in the 1923 Treaty of Lausanne, which recognized the Republic of Turkey and ended the foreign occupation of Anatolia. The Turkish government had lost cases like this before and Prime Minister Erdogan is a cagey politician who understands that the multi-billion Euros this settlement (which only returns a fraction of the properties expropriated from non-Muslims) entails is a small price to pay for further integration of Turkey into Europe.

The Greek Orthodox Halki Theological School in Istanbul (closed in 1971).

For me what is interesting about this case is how 1920s-style “minority rights” have been transformed into “human rights.”  This constitutes a move from merely recognizing the specific and conditional rights of non-Muslims to own property through collective foundations to a general statement of their human rights.

“Minority rights” in this sense are group and not individual rights, something that contrasts with the fact that human rights are often understood as being borne by the individual.  There are vestiges of group-rights thought and practice in contemporary human rights thinking – the best example of the blending of group and individual rights is seen in the common understanding of the crime of genocide: the crime is a series of human rights violations (child transfer, rape, murder) that is cumulatively a crime against a people (genos) or even nation, in the old-fashioned sense.

What this case also highlights is how nation-states in the 1920s and 1930s could pick and choose what constituted a minority. According to the Treaty of Lausanne, minority for the new Republic of Turkey meant only non-Muslims and this has been Turkish government dogma since.  In the treaty no ethnonyms were employed to define who or what the minorities were.  This silence or even erasure is critical to understanding Turkish (anti)ethnic politics over the last century and how this ideology remains a serious challenge to the promotion of human rights in that country.

Certainly, years of discrimination and brutality against Turkey’s non-Muslims – 130,000 Armenians, Greek Orthodox, Assyro-Chaldeans, Catholics and Protestants and 25,000 Sephardic Jews — are a potent symbol of the problematic nature these politics.

But a much more important issue is the reality that Turkey’s Muslim population is ethnically diverse.  Of a population of nearly 70 million, non-Turks make up 20 million.  These are Kurds, Laz, Arabs, descendents of Muslim immigrants from the Balkans and the Caucasus; not counted are the perhaps 1,000,000 grand- and great-grand-children of Armenian women and girls enslaved during the Armenian Genocide who had children by Muslim men.

These minorities, who often represent, like the Kurds, majorities in parts of Turkey, have no official recognition and indeed, the Turkish state doesn’t produce any demographic data on ethnicity in Turkey. Enforcing the homogenization of  a country that diverse has been at the root of some of Turkey’s worst human rights abuses in the past – from press censorship to extra-judicial killing.

Further Reading:

Anneannem: Anlatı (Istanbul, 2004); English trans., My Grandmother (London, Verso: 2008).

Carole Fink. Defending the Rights of Others: The Great Powers, the Jews, and International Minority Protection. New York: Cambridge University Press, 2004.

And Aimee Genell’s review

Pablo de Azcárate, League of Nations and National Minorities: an Experiment (Washington, D.C.: Carnegie Endowment for International Peace, 1945)