Counter-terrorism and the Prospects of Human Rights IpekDemirsu Counter-terrorism and the Prospects of Human Rights Securitizing Difference and Dissent IpekDemirsu FacultyofArtsandSocialSciences SabanciUniversity Tuzla,Turkey ISBN978-3-319-50801-6 ISBN978-3-319-50802-3(eBook) DOI10.1007/978-3-319-50802-3 LibraryofCongressControlNumber:2017931585 ©TheEditor(s)(ifapplicable)andTheAuthor(s)2017 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher,whetherthewholeorpartofthematerialisconcerned,specificallytherightsof translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval,electronicadaptation,computersoftware,orbysimilarordissimilarmethodology nowknownorhereafterdeveloped. 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Coverillustration©amornme/GettyImages Printedonacid-freepaper ThisPalgraveMacmillanimprintispublishedbySpringerNature TheregisteredcompanyisSpringerInternationalPublishingAG Theregisteredcompanyaddressis:Gewerbestrasse11,6330Cham,Switzerland P REFACE Strikingtherightbalancebetweensecurityandlibertieshasneverbeenan easytaskforpolicymakers.Particularlyinthecontextofterrorismmarked bytheperceptionofaubiquitousthreat,theactofbalancingseemstobe ever more challenging. The purpose of this book is not to downplay the consequences of terrorist violence, or the heavy toll of innocent lives and the suffering of loved ones. On the contrary, as an individual witnessing theincubusthathascomedownuponthecountryIlivein,onewhichwe incessantlyfailtowakeupfrom,takingmorethan200livesinasingleyear withdevastatingattacksalmosteverymonth,Iammorethanawareofthe gravity of brute violence. This book seeks to investigate in a critical light howwerespondtosuchatrocitiesinademocraticsetting,withoutlosing the spirit of democracy. In an attempt to counter terrorism, established liberal democracies have been institutionalizing security measures that corrode the democratic pillars the society is built upon, muddying the definitionofthreattoincludenon-violentdisplaysofdifferenceordissent, bypassingprinciplesofdueprocess;meanwhile,othercountriesstillstrug- gling to consolidate their democracies follow their footsteps. In the end, what the majority of the population is left with is more insecurity in the publicsphereandless guaranteesfor theirliberties. Duringthewritingofthisbook,thesituationhasgonefrombadtoworst throughout the world. There have been horrendous attacks in Ankara, Bagdat, Beirut, Brussels, Dhaka, Istanbul, Nice, Orlando, and Paris. The realities of the Syrian civil war has demonstrated that we are all intercon- nected to a magnitude greater than we have previously imagined, as the horrorsofwarprovedtobenotonlytheconcernoftheSyrianpopulation v vi PREFACE alone,fleeingtheirconflict-torncountries,butalsoours,therelativelymore ‘privileged’partoftheworld,livingwiththebogussenseofsecuritybehind the walls we have erected. As Europe has remained lethargic in finding a plausible course of action for the growing wave of refugees reaching its shores in search of a safe future, usually at the risk of their lives, a con- comitant upsurge in far-right politics channeled diligently by opportunist demagogues has twisted the public debate, equating refugees with those theyhavebeenrunningawayfrom.Itwaspreciselyinthisconjuncturethat the Brexit vote came as a shock to many, who have underestimated the risingtideoffar-right,withthemajorityoftheBritishpopulationvotingto leavetheEuropeanUnion.ThemurderoftheMPJoCox,knownforher advocacyfortherightsofminoritygroupsandrefugees,byafar-rightzealot taintedtheprocessleadingtothereferendum.Althoughtheramificationsof the decision to leave is yet to be seen, British politicians have been on a number of accounts voicing their discontent with European institutions previously, inter alia the European Court of Human Rights, mostly in the context of counter-terrorism for intervening in matters concerning immigration and deportation of individuals believed to pose a threat to nationalsecurity. In the meantime, the EU has endeavored to externalize its challenge with the arrival of refugees by revitalizing the Readmission Agreement withTurkey,promisingtoliberalizevisarequirementsforTurkishcitizens in exchange of sending back those refugees who have arrived in Europe through Turkey. Packaged as ‘reinvigorating’ the long-inert accession process, the intensifying exchanges between both sides to find a joint solution to the ‘refugee crisis’ during a period when the human rights recordof Turkeyhas been persistently deteriorating,wasobserved witha skepticaleyebytheerstwhilesupportersofTurkey’sEUmembershipbid and democratization. The delicate peace process and ceasefire in the southeast region came to a sudden halt in 2015, drifting back to the escalation of clashes along with long periods of curfew, thousands of displaced people, and a rising death toll; practices that have been likened totheinfamous1990s.Againstthisbackdrop,thepoliticalspacehasbeen evermoreparalyzed,asoppositionalfiguresareincreasinglybeingsilenced by terror-related charges.I mustrepeat myselfin stressing thatthe threat ofterroristattacksisreal.Yet,soistheimpactonourdemocracytheway in which we choose to respond to acts of violence, how we talk about important notions such as ‘threat’ or ‘enemy’, how we opt to frame and defineterror.Thesechoicesnotonlybearimplicationsonsecuritypolicies PREFACE vii butalsohowwecometounderstandthepolitywelivein.Thishasindeed beenthecaseintheaftermathoftheshockingcoupattemptinTurkeyon the15July,2016,whichcouldhavebeenandevastatingblowtoTurkish democracy like its antecedents, fortunately failing to succeed. Many have rejoicedthepreventionofthecoupattemptandthevictoryofdemocracy withripememoriesofearliermilitarycoupsstillinmind.Thatbeingsaid, the following extended periods of the state of emergency with tens of thousandsofmassarrestshaveraisedseriousconcernsaboutthecourseof democracy in the country. Once again, this dire experience has demon- strated that the issue of balancing rights and security will be critical in determiningthe future of thepolitical regime. It is in this troubled murky environment that I have written this book painstakingly, hoping that it can shed light on how language plays an indispensable role in shaping policies, and how such policies ultimately shape the society we live in. To this end, the book is also a plea for the indivisibleandinalienablehumanrights,withallitsimperfections,stillthe mostreliableanchor offreedoms,notonly intermsofEuropeanbureau- cracy and legal formalities, but also how we deliberate fundamental mat- terssuchassecurity,howwethinkandtalkaboutthelegitimatescopeof sovereignty. I believe human rights continues to be the strongest instru- ment in the international political arena to challenge the vicious cycle of violence,andtoensureourdemocraciesdonotdegenerateintoasecurity state. The release of the long-awaited Chilcot report and the standstill of the ‘refugee deal’ between the EU and Turkey due to the perturbing human rights records of the latter attest to the power such norms still exert even in key security matters. All in all, by presenting a detailed comparative analysis of the UK and Turkey, the former an established democracy while the latter still struggling in its path to democratization, both hanging on the margins of the EU, the book offers significant insightson the intersection ofcounter-terrorism andhumanrights. There are a number of influential people that have played a role in my intellectual life and the materialization of this book that I would like to share my gratitude. One person who has been important in my early studies is Dr. Adnan Akçay from Middle East Technical University, who wasthefirstpersontoencouragemeinquestioningestablishedtruthsand to search for untold histories. Undoubtedly, the person to whom I owe my deepening interest in and advocacy for human rights is Dr. Andrew Fagan from the Human Rights Centre at University of Essex, who has continuedtoextendhissupportineveryphaseofmystudies.Iwouldlike viii PREFACE to thank Prof. Dr. Meltem Müftüler-Baç from Sabanci University for her ceaseless guidance, not only throughout my academic life but also life in general.Herdiligencehasbeeninspirationalforallherstudents,including myself.IwouldalsoliketoexpressmygratitudetoProf.RichardJackson for his hospitality at the University of Otago National Centre for Peace and Conflict Studies during my research visit, whose insights have been invaluableforthisresearch.Anotherimportantpersoninthisjourneyhas been Dr. Bahar Rumelili from Koç University, who has shown me the strength of this book even before its conception. Moreover, I would like tothankmyeditorsandmyreviewers fortheirconstructive andencoura- ginginputsthathavebeenindispensableforthebooktoarriveatitsfinal version. Lastly,Iwouldliketothankmydearfamilyandfriends,whohavebeen there at the best of times and the worst of times; but most of all, I owe specialthankstomyextraordinaryhusband,myinspiration,Dr.AndreaDi Biase, whohas been the biggestsupport throughout thisprocess. Istanbul,December2016 IpekDemirsu C ONTENTS 1 Introduction:Counter-terrorism andHuman Rights Norms in World PoliticsToday 1 2 SovereigntyBetweenSecurityandHumanRightsPrinciples 9 2.1 TheConcept of‘Security’and ItsStudy 9 2.2 SovereignPower and the‘State of Exception’ 19 2.3 InternationalNormsand HumanRights 25 2.4 Terrorismand Counter-terrorism 30 Notes 38 3 The Language of LawmakingandItsEffects: Mutual Constitution of DiscourseandPolicy 41 3.1 Discourseand the LanguageofSecurity 42 3.2 FrameAnalysisand Policy Frames 46 3.3 Triangulationand Comparative PolicyAnalysis 50 3.4 TheCases:Turkey and theUK 53 3.5 Validityand Reliability 55 3.6 AdjoiningTheory andMethodology 56 Notes 60 ix x CONTENTS PartI The Evolution ofCounter-terrorism Policies vis-a-vis HumanRight Obligations 4 International HumanRights andCounter-terrorism in the Post-9/11World Politics 63 5 (In)security in the Heartland ofLiberal Democracy: AnAccountofCounter-terrorismLawsandHumanRights in the UK 69 5.1 HumanRightsLegislation in theUK 70 5.2 Counter-terrorism Legislationin the Post-9/11Era 74 5.3 Counter-terrorism Measuresinthe Aftermathof7/7 LondonBombings 82 5.4 NewProvisions, OldStrategies:Accounting forLost Liberties 89 5.5 Conclusion 92 Notes 97 6 Dark Past, TurbulentFuture:The Changing Course of SecurityPolicies andthe Statusof Human Rights inTurkey 99 6.1 HumanRightsin Turkeyand the EU-AccessionProcess 100 6.2 TheChanging Role ofthe Militaryin TurkishPolitics 107 6.3 TheCourseof Counter-terrorism in theTurkish Legal System 113 6.4 Conclusion 123 Notes 128 7 The Direction of SecurityPolicies inthe UK andTurkey: Different Contexts,ConvergentPractices 131