Mustafa Kaya: "Ambassadors, Council of Europe, ECHR, Kavala and Turkey's Process Management"

Mustafa Kaya: "Ambassadors, Council of Europe, ECHR, Kavala and Turkeys Process Management"
Date: 31.10.2021 17:00

Milli Gazete columnist Mustafa Kaya writes on Turkey's foreign policy. Here is the full article.

email Print zoom+ zoom-
It has always been until this time that the governments tried to use foreign policy more when it be on the rocks at home. This is not unique to Turkey. Unfortunately, in recent years, Turkey has been experiencing a period in which domestic and foreign policies are more intertwined than it should be. An example of this situation is the developments that took place with the ambassadors' statement over Osman Kavala. After the 10 ambassadors' statement on October 18, President Erdoğan's statement, "I have instructed our minister, let them be declared persona non grata", the relevant minister never appeared, and only after a while, he spoke to the press saying "There were some people who started packing their suitcases".
 
As it is known, the discussions flared up with the sharing on the social media account of the United States (USA) Embassy. The issue was brought to the agenda on the occasion of the fourth anniversary of the detention of Osman Kavala, whose release was requested by the European Court of Human Rights (ECHR). The sharing was also signed by countries such as Germany, France, Finland, Canada and Norway. The interesting point is that these embassies made a decision, somehow acted together and shared at the same time or retweeted the shared and pressed the button.
 
Of course, this style, which no independent country could accept, was naturally met with a reaction within the country. Trying to be so involved in judicial decisions in a country where ambassadors were assigned meant violating diplomatic rules. Already, Article 41 of the Vienna Convention, which regulates diplomatic relations, states that a diplomat must respect the laws of the country he is in.
 
On the other hand, the arrest of names like Osman Kavala on charges of supporting and financing the 2013 Taksim Gezi Park Protests can be discussed from a legal point of view. Again, lawsuits may be filed against the same people on the grounds that they took part in the 2016 failed coup attempt. However, the ECHR's eviction decisions could have been handled by local courts, and explanations could have been made in terms of legal and procedural aspects.
 
As it is known, it is essential to stay away from behaviors and statements that may affect the judiciary as long as the court process continues. But the proceedings must also be transparent and the indictments against the accused must be accessible. The environments where there is no transparency or the perception that the political will is directly effective in the proceedings can play into someone's hands, as in the case of ambassadors, although it is not their duty at all. This situation that the current government has brought the country in recent times is the point that needs to be discussed. In any case, Osman Kavala's statement that he decided not to attend the next hearings because there is no point in attending the next hearings and making a defense will definitely be used against our country.
 
In addition, although Turkey is not a member of the European Union (EU), it is one of the first founding countries (13th member in 1950) of the 47-member Council of Europe (EC). In 2019, the Council of Europe requested that Osman Kavala's detention was based on political reasons, and therefore requested his release. Again, in a statement published in September, the council announced that if the eviction process does not take place until the meeting to be held at the end of November, it will initiate a violation process against Turkey's membership. It is stated that at the end of this process, Turkey will lose its right to vote on council decisions.
 
However, it is a well-known fact that George Soros, who is described as a "Hungarian Jew", is a financial speculator. On their own website they describe their activities as "contributing to the emergence of democratic governments in many countries within the former Soviet empire". It is worth mentioning that they could not give a convincing answer to the questions such as who are you, why do you find this right for yourself, you have determined the name of your foundation as "Open Society", but there is a general opinion that many of your activities are not open and why most people have it. In addition, countries such as Russia and Pakistan are among the countries that are not satisfied with the activities of Soros. Open Society Foundation branches are prohibited from operating in these countries. In Turkey, on the other hand, its activities were terminated in 2018, as it was claimed that such organizations were behind the Gezi events and the failed coup attempt on July 15th. It is now known by everyone that Can Paker, who is in the founding board of trustees of this foundation in Turkey and chaired it, has close relations with the government. The Eastern Anatolia Region President of the Wise People Committee formed during the Resolution Process was also designated as Can Paker. It is incomprehensible to act as if all this never happened, as if you discovered Soros and his connections in Turkey today.
 
So what I want to say is that the accusations against people like Osman Kavala are very serious. But it is the most correct way and method for people who are faced with such serious accusations to be tried in a transparent way. Turkey could have taken a step against the "unlimited reminders" of the ambassadors by raising its voice and sharing the indictments with the public. Since these are not put forward, Turkey will continue to be perceived as a country where the rule of law is controversial in the eyes of some. Already, the ambassadors declared that they would comply with the Vienna Convention with a two-sentence social media message, which was described as a "step back" and presented as a "victory". Of course, embassy members are guests in the countries they are in and cannot be expected to interfere with the internal affairs of the host country. Making an air of victory for domestic politics from such a "natural" and "traditionally normal" expectation as a message may also misrepresent the next decisions. Moreover, the statement of the US State Department Spokesperson, "The Kavala statement dated October 18 is not contrary to Article 41 of the Vienna Convention", as presented to the domestic public in Turkey, brought to mind the question "Did the embassies really take a step back?" By reminding these statements again, I would like to express that my concern is not to incite conflict and separation.
 
On the other hand, the first reaction of the Ministry of Foreign Affairs after the publication of the membership negotiations and progress reports of the European Union, "this report is null and void" has become an ordinary reaction and has no weight. Presumably, those who prepared the reports also knew this reaction beforehand, so the relations became lax and moved away from seriousness. The EU's double-standard view and approach towards Turkey has always been there. Despite the Turkish side's constant insistence on "let's open a new chapter", there is no positive response from the EU. It would be too optimistic to wait for it to come. The main thing is that Turkey should first rebuild the trust of its citizens in justice and law, without the need for pressure and direction from another will. Only in this way can it be possible to get rid of being the country that is controlled and constantly warned for that or that reason, and to be the country that is followed. In fact, yesterday's speeches against the EU's leader statements such as "we set our own Ankara criteria for the welfare and democratization of our country and continue on our way" seem to have been forgotten today.
 
Therefore, a very difficult decision awaits Turkey at the end of November. Either he will release Osman Kavala, in which case he will have met the demand of the ECHR, or if the release decision is not made, this time it will not be able to prevent the Council of Europe from starting the expulsion process. Upon the return of President Erdoğan's visit to Azerbaijan, Osman Kavala was asked on the plane, and he said, “I have only one expectation; we read what we know. If the council reads what it knows, let it read. What they read, we listen, we see. We listen to the ECHR and the council's. After listening, we do our part. Whatever it takes, we will do it. As the President of the Republic of Turkey, as long as I am in this office, I will do my duty perfectly. I wonder what this says, what this says, I never look at them. This is my upbringing, this is my upbringing. There were also some who interpreted the answer he gave as "I will continue in this direction until I die, and I will continue" as Kavala's evacuation message.
 
The loud statements made during the detention of Pastor Andrew Brunson or the German citizen journalist Deniz Yücel and their abrupt release afterwards have greatly damaged the trust in justice in Turkey. The society has had to seek an answer to the question of why these people were released if they were guilty, and if they were not, why were they inside. However, from the very beginning, it was possible to conduct matters in a transparent and reasonable manner without turning them into hostage crises. For this, the first thing to do was to stay away from statements that would be perceived as an intervention in the judiciary.
 
Ultimately, we'll have to wait and see what happens next. However, if Turkey fails to put individual reactions and steps within an institutional framework, unless it prioritizes protecting the rule of law for itself under all circumstances and conditions, the decisions it takes will not have the expected impact on its interlocutors.

YEREL HABERLER

Milli Gazete Puplication Group All Rights Reserved © 2000-2016 - Can not be published without permission ! Tel : +90 212 697 1000  /  Fax : +90 212 697 1000 Software Development and System Support: Milli Gazete