(Previous posts here, here, here, here and here). The state of emergency proclaimed by President Erdoğan in Turkey on 20th July last year, in response to the coup attempt of five days before, is not a situation that will come to an end in a return to normality. It is the model for the presidential system that Erdoğan has been pushing for since 2007, when he was still admired by many liberal minded people inside Turkey (though not me) and abroad. One of the key provisions of the state of emergency is that the President can issue decrees with the force of law. There are doubts about the constitutionality of this form of ‘law making’ but two members of the Constitutional Court were arrested after the coup attempt and the chances of the court starting up to executive power are now extremely remote. Judges and prosecutors have been demoted and even arrested after making the ‘wrong’ decision during the state of emergency and I do not think Erdoğan and his associates would have any scruples at all about further arrests of judges in the Constitutional Court.
The Presidential system, or one person rule system, which Turks will vote on, will retain the decrees as law powers of the Presidency. There are some limits on the decrees issued, but as the President will control the appointment of most of the senior judiciary there are serious questions about whether the Constitutional Court will put any effective break on these powers to legislate through decree. There is no sign of the state of emergency ending, though at least now everyone can see the deception in the original decision to declare a state of emergency for three months only instead of the six months maximum allowed in the Constitution. The state of emergency is renewed every three months with no debate and no indication of when it will come to an end. Does Erdoğan have any intention of ending the state of emergency before he becomes a President elected with the new powers? In principle these powers should only be implemented after the next presidential election in 2019, coinciding with elections to the National Assembly. Erdoğan may wish to bring these elections forward, particularly for the National Assembly if he loses the referendum. While it may seem outrageous for the Council of Ministers to keep prolonging the state of emergency until 2019, the AKP government has been doing more and more previously outrageous and even unimaginable things now for some years, particularly since the Gezi protests of 2013.
What the state of emergency also means is that suspects can be held without charge and access to lawyers if charged with ‘terrorism’, which is defined in absurdly broad ways to cover any kind of contact with the Gülenists or sympathy for the Kurdish autonomy movement. Torture has been making a return in Turkey after becoming relatively unusual since the PKK terror campaign began again in 2015. The state of emergency conditions have now normalised it completely and though the government denies torture charges, in the normal manner of authoritarian regimes, claiming the charges are terrorist propaganda, you have to wonder how seriously they expect anyone to take the denials. Photographs of the alleged coup plotters immediately after the coup attempt showed they had been badly beaten, though of course this is explained away as the result of ‘resisting arrest’, another time-honoured evasion. Consistent reports suggest prisoners are denied food, placed in stress positions for long periods of time, beaten and sexually assaulted. In the more moderate cases, the prison officials merely restrict prisoners to a diet of bread and bad quality tap water in conditions of psychological abuse. There is amongst everything else in Turkey a growing problem of mental and emotion health problems amongst the survivors of these ordeals, which are of course excluded from the mainstream media.
The rhetoric and abuse used by police ‘special teams’ invading the media and political offices of ‘terrorist’, that is Kurdish autonomy and other leftist groups, involve extreme nationalism and Ottomanism. Kurds are insulted as covert Armenians. Actual Armenians are told that the Ottomans destroyed the Armenians and that Turks are the masters of Armenian. A particularly disgusting reference to the massacre of 1 500 000 Armenians during World War One. These are not aberrations, this behaviour reflects the deep ideology of the AKP, mixing extreme nationalism and Ottomanism, of course ignoring the tensions between these positions. The torture and abuse is legitimated in the minds of perpetrators by a political rhetoric and government measures which present opponents as terrorist and part of international conspiracies against the ‘innocent’ Turks who are so good they are naive. This I am afraid is no exaggeration of the political discourse of the moment.
There is no reason to think the abuse and political extremism will end, though of course we should hope it does. If all Gülenists – real and imagined – and all sympathisers with Kurdish autonomy or the far left are targeted, then there are essentially endless opportunities for authoritarianism, polarising dehumanising rhetoric and abuse. I can only presume the current atmosphere will last indefinitely, as Erdoğan has found it a successful strategy for staying in power and increasing his power.
It is of course not just a question of his own political power. There is the question of how his family occupy places of privilege in large Muslims NGOs (at the same time as non-AKP oriented NGOs come under increasing pressure) with huge budgets and sit on the boards of major companies in Turkey. Erdoğan does not envisage any situation in which these activities are placed under mainstream media examination, and even less legal investigation. The issue of legal immunity is a huge one in Turkish politics. The amended constitution would allow the President to appoint anyone to two vice presidential positions and to the cabinet. Like the President all these people would have lifetime immunity from prosecution for activities undertaken while in office. Though the National Assembly would have the power to send the President to the Constitutional Court, this requires a very high threshold, clearly designed to protect Erdoğan even if the AKP loses a large part of its support.
As mentioned above, there is an expectation that Erdoğan will call an early National Assembly election if he loses the referendum. It seems likely on current polling that two out of the three opposition parties currently in the National Assembly would fail to meet the electoral thresh hold of 10%. This means the National Action Party, which has split over the referendum, and the Kurdish radicals who have lost some of their more moderate support since the revival of PKK violence. In such a National Assembly, the AKP could certainly put any constitutional proposal to referendum and very possibly could have enough votes to amend the constitution without referendum. So even if Erdoğan loses the election, he could get the same measures, or close enough, through other means.
(Last post in the current series, though I will post an appendix on Ottomanist and Atatürkist legacies in Turkey, along with comments on related political thought.)