Is the Islamic State
(IS) a terrorist organization? The Turkish people are left wondering
because of the gaps between public perception and the legal system in
Turkey.
In June 2014, 70.7% of Turks labeled IS
as a terrorist organization; when the poll was repeated in September
2014, this had climbed to 79.8%. Although there have not been any
credible polls since then, it is likely this will be even higher now.
If the majority of Turks think of IS as a terrorist
organization, then what's the legal reality? Since spring 2015, Turkish
security services have been considering IS as a security threat; three
months ago, the Chief of General Staff started issuing information about captured IS elements and for the past two months has been labeling IS a terrorist organization.
In recent days, there have been reports of anti-IS operations by the
Turkish police in various cities. On July 30, the Turkish media reported
an anti-IS operation in Istanbul
that resulted in the arrest of 30 people who were involved in
organizing travel arrangements for Europeans to join IS in Iraq and Syria.Last weekend, another unusual police operation took place in Gaziantep, when 45 people — including many Tajiks, some with their wives and children — were detained upon their arrival by bus from Istanbul. Some of the detainees told the police they had chosen to live in the "Islamic state" and that they were immigrating, while others admitted their intention to join jihad in Syria. The police said all those arrested face deportation.
What is the legal status of IS militants apprehended in
Turkey? According to a gendarmerie officer at the Turkish-Syrian border,
who spoke to Al-Monitor on condition of anonymity, the legal process
applied to detained IS militants is subject to serious legal
shortcomings. The officer divided detained IS militants into three
categories: Turkish citizens; foreigners who have entered Turkey legally
and whose passports have valid visas; and foreigners who entered Turkey
illegally.
“Because of legal adjustments necessary to harmonize with the
European Union, the authority of our security forces to check the
identity of suspects and detain them has been restricted," he said. "For
example, even if we know for sure that someone is an IS militant, we
can’t touch him unless he has been involved in a violent crime in
Turkey.”
Regarding Turkish citizens trying to go to Syria and Iraq
illegally, an army officer serving with a border detachment told
Al-Monitor, “The legal process on the ground is not helpful to the
security forces. For example, if I see an unarmed Turkish citizen trying
to cross to Syria there is nothing I can do if he is outside the
military forbidden zone along the border [which is between 197-1,969
feet wide]. I can’t actually do anything even if I catch him inside the
military zone because someone has instructed him … to say he is a
tourist and has entered the military zone by mistake. We have no choice
but to turn him over to the police, who will give him a small fine and
let him go.”
For Turkish IS militants who are caught when trying to
enter Turkey illegally from Syria and Iraq, this legal vacuum is most
useful.
Sources along the border who spoke to Al-Monitor on
condition of anonymity say lawyers who are IS sympathizers are
patrolling the border and the minute they hear that an IS militant has
been caught, they rush to the scene and offer free legal advice.
"It is interesting to observe that the IS militants
crossing the border illegally are very well briefed about their legal
rights. In their first contact with us, during their medical checks and
when appearing before a prosecutor, they exploit the gaps in the legal
system," a senior security official told Al-Monitor. "Over
the past two years, I have seen hundreds of Turkish citizens who I know
to be definitely IS militants let go. As security forces we are doing
our best, but if we don’t have adequate legal support how efficient can
we be as individuals? I know of tens of security officials who are being
investigated because of complaints lodged against their efforts to
curtail IS traffic."
In regard to foreign IS militants who have entered Turkey
legally, a security official told Al-Monitor: “I’m amazed by how
informed the apprehended foreigners are of the holes in Turkey’s legal
system. For example, they all say that they are in Turkey as tourists,
and that they had come to the border area out of curiosity with no
intention to cross the border. Many lodge complaints against us of ill
treatment , and they have strong legal counsel behind them. I think all
of this is well organized."
Another security official told Al-Monitor how serious the
situation is about foreign IS militants entering Turkey illegally: “IS
militants crossing into Turkey illegally from Syria or Iraq are the
worst group to deal with because their legal status is a total mystery.
When you catch them, they never have identification on them. Then they
give us false information. An Egyptian tells us he is a Yemeni, gives a
false name and provides a plausible story. It takes on average three
months to acquire the biometric data of these people and send it to the
various countries for verification and wait for a response. Where are
you going to keep these people and on what legal grounds? If you decide
to deport them, no country will take them without proper identification.
I can tell you that there are hundreds of IS militants in our detention
centers and prisons waiting for months to appear before a judge."
Another official draws attention to the incredible workload
of the courts and prosecutors in Kilis, a city closest to the border.
“Without exaggeration, every day hundreds of cases arrive but there are
not enough prosecutors, judges and court clerks. I can’t understand why
the Ministry of Justice doesn’t send more personnel to this city,” he
told Al-Monitor.
Although Turkey has not officially declared IS as a
terrorist organization, under international pressure a decision was
taken on Oct. 10, 2013, to “freeze the financial resources of persons linked to IS.”
Government officials referring to this official directive say that
Turkey has declared IS as a terrorist organization, but this does not
reflect the reality on the ground.Then how can Turkey legally declare IS as a terrorist organization?
Legal experts think Turkey can do this by applying international legal texts and norms. Another approach could be to declare IS as a terrorist organization because of its violent acts in Turkey. As of today, there are two cases in Turkish courts involving IS: the armed IS attack on March 20, 2014, in the Central Anatolian province of Nigde that killed two security officials and a civilian and wounded eight people, seven of them soldiers; and the bomb attack last June 5, during a Peoples' Democratic Party rally in Diyarbakir that killed four and wounded about 100. But both cases are proceeding very slowly and are far from being transparent.
The Turkish legal system appears to be unwilling and too slow to declare IS as a terrorist organization.
Although the majority of Turks identify IS as a terrorist
organization and the security services are introducing stiffer measures
against IS, Turkey is not able to launch an effective struggle because
of the gaps in the Turkish legal system, which the IS militants are
thoroughly familiar with. If Turkey decides on a serious struggle
against IS, what is needed first are changes in the penal code.
Otherwise the Turkish public will applaud when IS militants are
apprehended but will not know that most of them are released a short
time later.
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