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Articles

Countering counterterrorism: defending human rights and challenging curfews in Turkey

Pages 723-743 | Received 04 Jun 2020, Accepted 29 Dec 2020, Published online: 17 Feb 2021
 

ABSTRACT

Turkey imposed open-ended blanket curfews beginning in 2015, resulting in gross human rights violations. This article analyzes strategies employed by domestic activists to address violations. It explains what worked, what did not, and why. It argues that longstanding barriers to mass mobilization, including some that predate de-Europeanization, shaped activists’ mobilization strategies. Because of an unfavorable domestic environment, activists used a boomerang strategy, disseminating information to international allies who applied pressure to Turkish officials. This strategy effectively mobilized transnational human rights networks, resulting in a continuous and concerted effort by international actors to persuade Turkish officials to protect human rights while countering terrorism. Nevertheless, the boomerang strategy and a legal strategy to file applications with the European Court of Human Rights ultimately failed to generate a shift in policy. The article concludes with a discussion about the factors that contributed to this outcome.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Human Rights Foundation of Turkey, (Türkiye İnsan Hakları Vakfı, TIHV) Curfews Map (2019), https://tihv.org.tr/.

2 Arat, Human Rights in Turkey; Hale, “Human Rights and Turkey's”; Babul, Bureaucratic Intimacies; Aydin and Langley, Human Rights in Turkey; Şahin and Yıldız, “Transnational Advocacy Networks”; Özbudun and Gençkaya, Democratization and the Politics; Kubicek, “Democratization and Relations with the EU”; Dağı, “Rethinking Human Rights”; Yıldız, The Kurds in Turkey; Cizre, “The Truth and Fiction”; Alemdar, “Modelling for Democracy”; and Çalı, “The Logics of Supranational.”

3 Aydın-Düzgit and Kaliber, “Encounters with Europe”; Kaliber, “De-Europeanization of Civil”; Şimşek, “The Transformation of Civil Society”; Içduygu, “Interacting Actors”: Göksel and Güneş, “The Role of NGOs”; Ergun, “Civil Society”; Ketola, Europeanization and Civil Society; and Zihnioglu, EU-Turkey Relations.

4 Aydın-Düzgit and Kaliber, “Encounters with Europe,” and the 2016 special edition of South European Society and Politics, Vol 21, No 1.

5 Keck and Sikkink, Activists beyond Borders.

6 This conceptualization follows Keck and Sikkink's and therefore includes not only CSOs but also parts of a domestic or foreign government and intergovernmental organizations.

7 Keck and Sikkink, Activists beyond Borders.

8 McAdam, McCarthy and Zald, Comparative Perspectives, and Goodwin and Jasper, Rethinking Social Movements.

9 McAdam, McCarthy and Zald, Comparative Perspectives, and Meyer, “Protest and Political.”

10 Chenoweth and Stephan, Why Civil Resistance Works, and McAdam, McCarthy and Zald, Comparative Perspectives.

11 Aydin-Düzgit and Kaliber, “Encounters with Europe”; CIVICUS, State of Civil Society; Diez, Agnantopolous and Kaliber, “Turkey, Europeanization”; Kubicek, “Democratization and Relations with the EU”: and Keyman and Icduygu, “Globalization, Civil Society.”

12 Aydın-Düzgit and Kaliber, “Encounters with Europe”; Kaliber, “De-Europeanization of Civil Society”; Yabanci, “Turkey's Tamed Civil Society”; and Ketola, Europeanization and Civil Society.

13 Aydın-Düzgit and Kaliber, “Encounters with Europe,” and Kaliber, “De-Europeanization of Civil Society.”

14 Şimşek, “The Transformation of Civil Society”; Ketola, Europeanization and Civil Society; Ergun, “Civil Society in Turkey”; Içduygu, “Interacting Actors”; Alemdar, “Sarmı Modeli”; and Zihnioğlu, EU-Turkey Relations.

15 Risse, Ropp and Sikkink, The Persistent Power.

16 Keck and Sikkink, Activists beyond Borders; Risse, Ropp and Sikkink, Power of Human Rights; and Risse, Ropp and Sikkink, The Persistent Power.

17 Interviews covered a range of human rights issues and probed about state repression and mobilization, among other things. Representatives from the following civil society organizations and think tanks were interviewed: Insan Hakları Derneği (branches in Ankara, Istanbul, Diyarbakir, Mardin), Türkiye Insan Hakları Vakfı (Ankara, Diyarbakir), Hak Inisiyatıf (formerly Mazlum Der, Ankara, Diyarbakir), Af Örgutü (Istanbul, Diyarbakır representative), Insan Hakları Ortak Platformu, Hafıza Merkezi, Diyarbakir Barosu, Mardin Barosu, Istanbul Barosu, Mesopotamya Hukukçular Derneği, Demokratik Toplum Kongresi, Bariş Vakfi, DISA, DITAM, SETA, PODEM, Al Sharq Forum, TESEV. The author also interviewed officials from AKP, CHP and HDP.

18 Amnesty International and other organizations pointed to scenarios that suggest operations were ‘conducted with the intention of killing – rather than arresting—members of the YDG-H.’ See Amnesty International, “Turkey.”

19 See Komunist Partisi, https://bit.ly/3ryJSaH.

20 140journos, November 17, 2015 Twitter, https://twitter.com/140journos/status/666648030628720642/photo/1.

22 Baser, Akgonul and Ozturk, “Academics for Peace,” and Academics for Peace, https://barisicinakademisyenler.net/node/314.

23 EHIID, Toplantı ve Gösteri Hakkı Izleme, and The Armed Conflict Location & Event Data Project/ACLED dataset on political violence and protests.

24 TIHV, Cizre Inceleme Raporu. Personal interview with TIHV member, Ankara, July 5, 2018. Personal interview with TIHV member, Diyarbakir, May 4, 2018. See for list of reports, https://hakikatadalethafiza.org/en/kaynak_tipi/reports-on-curfews/.

25 Diyarbakir Barosu, “Cizre’de Yasanan Sivil.” Also personal interview, Chair of Diyarbakir Bar Association, Diyarbakir, June 29, 2018.

26 TOHAV, Cizre Raporu.

28 Mazlum Der, Cizre Olayları Gözlem Raporu.

29 IHD, Cizre Inceleme Raporu.

30 FIDH, Turkey: Human Rights under Curfew.

31 Statement on Facebook, February 21, 2016, available at https://www.facebook.com/kati.piri/posts/10153387719972060.

32 Ibid.

33 Amnesty International, “Turkey.”

34 “CHP heyetinden Cizre raporu,” Hürriyet, May 2, 2016.

35 “Curfews Brought Before ECtHR,” Bianet, September 6, 2018. See also HDP letter to Council of Europe's Council of Ministers, January 16, 2016, available at https://www.hdp.org.tr/en/news/news-from-hdp/our-application-to-the-committee-of-ministers-of-the-council-of-europe/8898. Also personal interview with HDP Parliamentarian, TBMM, Ankara, April 24, 2018.

36 Curfews are only permissible under Turkish law if there is a state of emergency or martial law. There was neither at the time. Moreover, although provincial governors do not have the legal authority to declare curfews, curfew orders came from governors. See Emine Kart, “Venice Commission calls curfews in Turkey ‘unconstitutional’,” Hurriyet Daily News, June 14, 2016.

37 TIHV curfews map August 15, 2015–April 20, 2016, https://tihv.org.tr/.

38 Interview with lawyer, Istanbul, Turkey, June 21, 2018.

39 Frederike Geerdink, “Ambulances Halted as Turkey besieges Kurdish Town,” Al Jazeera, January 31, 2016.

40 Human Rights Watch, “Turkey: State Blocks Probes of Southeast Killings,” July 11, 2016, available at https://www.hrw.org/news/2016/07/11/turkey-state-blocks-probes-southeast-killings#.

41 “European Court of Human Rights looks into complaints about curfew measures in Turkey,” ECtHR 420 (2016), December 15, 2016.

42 Geerdink, “Ambulances Halted.”

43 “Curfew measures in south-eastern Turkey: Court decides to give priority treatment to a number of complaints,” ECtHR 054 (2016), February 5, 2016.

44 “ECtHR rejects two cases related to 2015 curfews in Turkey as inadmissible, cites non-exhaustion of domestic remedies.” ECtHR 059 (2019), February 7. 2019.

45 Esen and Gümşcü, “Rising Competitive Authoritarianism”; Akkoyunlu and Öktem, “Existential Insecurity”; Öktem and Akkoyunlu, “Exit from democracy”; and Özbudun, “Turkey's Judiciary.” See also Freedom House Map of Press Freedom, Turkey, 2015, available from https://freedomhouse.org/report/freedom-press/freedom-press-2015#.Xlc4QShKjic.

46 McAdam, McCarthy and Zald, Comparative Perspectives on Social Movements; Goodwin and Jasper, Rethinking Social Movements; Chenoweth and Stephan, Why Civil Resistance Works; Davenport, Johnston and Mueller, Repression and Mobilization; and Jetschke, Human Rights and State Security.

47 Ibid. See also Zihnioğlu, “The Legacy of the Gezi.”

48 Interview with CHP Parliamentarian, TBMM, Ankara, April 11, 2018. Interview with HDP Parliamentarian, TBMM, Ankara, April 11, 2018. Interview with HDP Parliamentarian, TBMM, Ankara, April 18, 2018. Interview with CHP Parliamentarian, TBMM, Ankara, April 18, 2018.

49 Interview with IHOP activist (Insan Hakları Ortak Platformu), Ankara, Turkey, April 11, 2018.

50 Cizre, “Truth and Fiction.”

51 Negron-Gonzales, “Conflict and Cooperation.”

52 Interview with Mazlum Der (Hak Inisiyatif) activist, Diyarbakir, Turkey, June 29, 2018; Interview with Mazlum Der (Hak Inisiyatif) activist, Ankara, Turkey, July 5, 2018; See also Hak Inisiyatif's Founding Declaration at https://hakinisiyatifi.org/hakkimizda/hak-inisiyatifi-kurulus-deklarasyonu, and Mahmut Bozarslan, “Reaction to the Closing of 16 Branches at Mazlum-Der,” VOA (March 25, 2017) https://www.amerikaninsesi.com/a/mazlum-derde-16-subenin-kapatilmasina-tepki/3781705.html.

53 Interview with leader of Mazlum Der, Ankara, March 15, 2006.

54 Freedom House categorized Turkey's press as ‘not free’ in 2015, see https://freedomhouse.org/report/freedom-press/freedom-press-2015#.Xlc4QShKjic

55 Neumayer and Rossi, “Images of protest.”

56 Protner, “The limits,” and Hutchison, “Tolerating Threat.”

57 Interview with activist, Diyarbakir, June 29, 2018.

58 Interview with lawyer, Mardin, May 7, 2018.

59 Interview with IHD activist, Diyarbakir, June 25, 2018.

60 Interview with lawyer in Istanbul, via WhatsApp video, February 24, 2020.

61 ‘ECtHR rejects two cases related to 2015 curfews in Turkey as inadmissible, cites non-exhaustion of domestic remedies.’ ECHR 059 (2019), February 7, 2019.

62 Interview with lawyer in Istanbul, via WhatsApp video, February 24, 2020.

63 Dickson, The European Convention.

64 Çali, “Turkey's relationship”; Cali, Koch, and Bruch, “The Legitimacy of Human Rights Courts”; and Bakırcıoğlu and Dickson, “The European Convention.” European Court of Human Rights Registry of Cases (2015–2017), https://echr.coe.int/Pages/home.aspx?p=home.

65 Evans and Rodriguez-Garavito, Transnational Advocacy Networks.

Additional information

Notes on contributors

Melinda Negrón-Gonzales

Melinda Negrón-Gonzales is Associate Professor of Political Science at the University of New Hampshire. Her main research interests are social movements, human rights/human security and counterterrorism, and international norms. Recent publications include: ‘Counter-terrorism resolutions and initiatives by regional institutions: Organization of Islamic Cooperation,’ in International Human Rights and Counterterrorism (2019) and ‘ISIS Oil Looting and Environmental Security in Iraq and Syria,’ in Environmental Security: Concepts, Challenges, and Case Studies (2019). Her work has also appeared in Turkish Studies, Middle Eastern Studies, Global Governance, and Global Responsibility to Protect.

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