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  • Upholding The Law, Not Breaking It

    UPHOLDING THE LAW, NOT BREAKING IT
    By Fazile Zahir

    Asia Times, HongKong
    Feb 14 2007

    FETHIYE, Turkey - Most police forces pride themselves on their
    reputations for toughness, and the Turkish police are no exception.

    The unfortunate film Midnight Express gave them an image (at least in
    the mind of foreigners) as merciless torturers, but this exaggerates
    the truth of most police officers' behavior. They are, however,
    heavy-handed and often rude.

    Most Turks are weary of dealings with the police - certainly most
    believe that if they are arrested they will probably be subjected to
    some level of brutality either during or after the arrest. Yet times
    and attitudes are changing, both among the public and the police
    themselves.

    The recent assassination of Armenian journalist Hrant Dink has brought
    some of these changes to the attention of the public.

    Increasingly, senior police officers are being asked to be accountable
    for their own and their force's actions. Immediately after the arrest
    of Samast Ogun, 17, Dink's alleged assassin, by Trabzon police, the
    head of security in that region, Resat Altay, was withdrawn from the
    province by the central government.

    Trabzon is the same province where another youth, this one 16,
    murdered a Catholic priest last year, and it appears that the state
    believes once is a mistake but twice is just plain careless. In a
    statement to the press prepared by the Ministry of the Interior, it
    was announced that two inspectors were being sent to the province to
    carry out a wide-ranging investigation, including looking into whether
    the security and police forces made mistakes or were neglectful.

    The announcement has caused serious discontent among other heads of
    police forces. At the annual conference of security personnel held
    in Ankara on January 27, they chose to speak out, describing Resat
    Altay's recall seriously unfair. They said they were unhappy at the
    influence of politics on police forces and believed they were being
    undermined by political interference. The head of security forces in
    Afyon, Natik Canca, said: "Attacks on the police have gone up ... in
    2004 there were 6,100 attacks, in 2005 this increased to 7,030 and
    in 2006 this figure was 9,650 ... despite the number of assaults and
    incidences of abuse, no one is doing anything to protect us. It's
    very depressing that we often have to let these people walk free."

    The chief of police in Artvin, Necmettin Emre, felt that the
    incidents were caused by the new low status that the police were
    being given. "We're not ordinary civil servants, and yet each year the
    public prosecutor gives an account of me to the provincial governor -
    he gives me a report card - and this demeans me." His comments were
    supported by the views of the Mersin police head, Suleyman Ekizer. "How
    dare anyone prepare a report on the head of security?"

    The provincial governor of Trabzon, Huseyin Yavuzdemir, is already
    quite sure whom the blame for the assassination lies with: the European
    Union. He complained that new laws mean police can no longer tail
    suspicious people as they have previously. Now, he grumbled, they
    have to get permission from the judiciary before they can carry out
    surveillance operations. "We are not allowed to discomfort people
    anymore."

    Similar comments were made anonymously at the Ankara security
    conference, where one chief policemen told newspapers, "The new
    'European' measures have tied our hands. We are like uniformed
    mannequins now - people commit crimes while looking us right in the
    eye." The same law-enforcement officer also said the power to stop
    and search has been reduced, warrants to confiscate possessions made
    harder to obtain, and surveillance methods severely curtailed as a
    result of increasing European harmonization.

    These are not the only changes. Increasingly people are prepared to
    complain about their treatment while in the hands of the police.

    Since 2002, citizens have had the right to bring court cases against
    those arms of the state that they accuse of abusing them, and in the
    past four years, 115 cases seeking restitution from the Ministry of
    the Interior have come to court.

    In 29 cases the verdict was against the ministry, which has had to pay
    750,000 liras (US$536,000) in compensation. Thirty-five cases were
    dismissed from court, and 51 are still ongoing. Although individual
    accountability is still largely unknown, the Ministry of the Interior
    may lead the way in this matter. Fed up with the compensation it has
    had to pay out, the ministry is prosecuting three staff members it
    holds responsible for creating the circumstances of the successful
    cases.

    According to statistics published at the end of 2006 by the General
    Directorate of Security (head of all police forces), it is apparent
    that it is still very difficult to take successful action against
    individual police officers. In 2005, 181 police officers had cases
    of alleged torture and abuse brought against them - only 35 of these
    cases are still continuing; the others fell apart. In the first nine
    months of 2006, the number of court actions brought against police
    officers fell to 24, and 19 were dropped for lack of evidence, while
    in the other five cases the officers were acquitted. Even internal
    investigations by the Ministry of the Interior, of which there were
    93 in 2005 and 30 in 2006, all ended with no action taken against
    the officers.

    While the failure rate of proceedings against the police is still
    unaccountably high, the figures (and even the assaults against the
    police) indicate a new temerity among the general public. Slowly
    in some quarters it is becoming understood that police authority
    and police brutality can be challenged - and the police just don't
    like it. It seems that the higher up in the Turkish police force
    one progresses, the more accountable one becomes, and it is hoped
    that some of this new sense of responsibility will trickle down to
    the lower ranks before too long. After all, the police should be
    upholding the law, not breaking it themselves.

    Fazile Zahir is of Turkish descent, born and brought up in London.

    She moved to live in Turkey in 2005 and has been writing full-time
    since then.
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