Turkey

Law professors at the university are entitled to teach law at the university and specifically at institutions (fa c ­ ultes) of legal sciences. T here are now establishments teaching law in Sousse, in Sfax, and in Jendouba. These teachers are hired through national competitive examina­ tions and are divided into four classes: assistants, major assistants, senior lecturers, and full professors. Since 1989, teachers of law can no longer both teach and represent parties in court because of Articles 22 and 81 of the Sep­ tember 7, 1989, law concerning attorneys and also ac­ cording to the legal sratute of teachers at the university.

IMPACT

The evolution of the Tunisian social state of mind, val­ ues, and civic spirit is undoubtedly the result of the legal system. This statement is all the more true when it comes to women's rights. Today, Tunisian women are repre­ sented in almost all fields of employment and profes­ sions. In education, they hold 50 percent of the posi­ tions, and their share is growing. The role of the Status Book in this evolution has been overwhelming. So it is possible to assert today that the impact of legal modern­ ization on the economy, services, administration, and ed­ ucation is _permanent.

The major weakness of the system remains the weak­ ness of the political regime itself. Quite often, the legal rules remain unapplied, while the arbitrary decision pre­ vails. The most harmful consequence is that the citizen automatically seeks recourse through important relatives or friends to solve a problem, rather than seeking recourse through the law, having lost any trust in its value. On top of rhat, rhe slowness of the bureaucracy and rrials wors­ ens the situation.

These facts are ever present in Tunisian political life. Official speeches abound with references to the "state of law," but arbitrariness is the rule whenever it comes to political participation and freedoms. Moreover, oppo­ nents to the regime face serious threats to their physical integrity and life (for example, rhe attempted murder of Tunisian journalist R. Ben Fadhel in April 2000, just after the publication of his critical article in the French newspaper Le Monde).

The six _{recognized opposition parties are not cred­} itable, and elections are not trusrworrhy (Ben

Ali

won the last elections with more than 99 percent of the votes). If Tunisia is to become a truly modern state, it' must gain the most important component of modernism-freedom.

Yadh Ben Achour See also Civil Law; Islamic L1w; Legal Positivism; Notaries References and further reading

Ben Achour, Sana. I 995. "Aux sources du droit modcrnc cunisien." Thesis, Faculcc des Sciences Juridiqucs, Tunis. Ben Achour, Yadh. I 992. Politique, religion, et droit dans le

monde ttrabe. Tunis: CERES-CERI�

TURKEY

COUNTRY INFORMATION

The Republic of Turkey, established in 1923, is the heir to the multiethnic, multireligious, and multilingual Ot­ toman Empire. Turkey covers an area of 814,578 square lcilometers, 24,378 square kilometers of which is in Eu­ rope, the rest in Asia. Turkey has land borders with Greece, Bulgaria, Georgia, Armenia, Iran, Iraq, and Syria. The Black and Mediterranean seas form Turkey's north­ ern and southern borders respectively, while the Aegean separates southwestern Turkey from Greece. The Bospho­ rus passes through Turkey's largest city, Istanbul. The cap­ ital of Turkey is Ankara, but Istanbul is the country's most important cultural and commercial center. Turkey's population is 65 million, 98 percent of whom are Mus­ lim. Most Turks belong to the majority Sunni branch of Islam. A small minority belongs to the smaller Alavi sect oflslam. There are also communities of Jewish and Greek Orthodox, Armenian, and other Christian sects living in Turkey. The Kurds, 10-15 percent of the population, are the largest non-Turkish speaking group. Turkish law does not recognize minorities beyorid those non-Muslim groups enumerated in the Lausanne Treaty of 1923. Turkey applied for membership in the European Union in 1987 and received cand!idate statlls in 1999. Full mem­ bership in the European Union is contingent upon ex­ tensive political' and economic reforms. Turkey is also a member of NATO. The legal system is based on the con­ tinental European civil law tradition. The political system is republican, unitary, and secular.

HISTORY

The Ottoman legal system was based on a mixture of Is­ lamic law (sharia) _{and customary law} (kanun). _{Jewish and} Christian communities living in the empire enjoyed inter­ nal legal autonomy. The administradon of justice was fur­ ther complicated by the grant of extraterritoriality rights to European powers. In the second half of the nineteenth century, under pressure from European powers and a small bur influential group of indigenous reformers, the Ottomans attempted to modernize the political, legal, and economic structure of the .empire. The$e attempts culmi­ nated in the proclamation of the Firsr Ottoman Constitu­ tion in 1876. Modeled after the 1830 Belgian Constitu­ tion, the constitution and its 1908 replacement did not transform the Ottoman political system into a constitu­ tional monarchy. However, they introduced concepts such

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as rule of law and constitutionalism into 1tukish political discourse.

The Ottoman defeat in World War I was followed by

rhe Turkish War of Independence

(1918-1922).

Led

by

Mustafa Kemal Atarurk and supported by a large segmenc of the Turkish society, the war ended with rhe abolicion of rhe Ottoman Empire in October

1922

and the official

proclamation of the Turkish Republic with Ataturk as ics first president i11

1923.

During che war a legislative body

with extensive executive powers known as rhe Turkish Grand National Assembly (GNA) had replaced che Ot­ toman parliament. The GNA had enacted a short consri­ rucional document in 1921. Alrhough nor a conscirncion in rhe proper sense of che word, rhis document for rhe first rime recognized rhe principle of national sovereignty and laid rhe comerscone for the escablishmenr of a re­ publican form of government. A new constitution was adopted in

1924.

Legislative and executive powers were

deposited in an elected unicameral legislamre. The lcgis­ larure exercised its executive powers through the president of rhe republic, elected by the GNA, and a prime minis­ ter and cabinet appointed by rhe president. Until

1945

1658 TURKEY

Atarurk's Republican Peoples' PaJty was the only legal parry. The single-parry period came co an end when Pres­ ident Inonu, who had replaced Acarurk after the latter's dearh in

1938,

allowed rhe formation of opposition par­

ries. Turkey's first transition co mulciparry democracy began with the vicrory of the newly established Democ­ ratic Parry (DP) in

1950.

DP rule, however, became in­

creasingly authoritarian with the passage of time. On May 27, 1960, a military coup ended Turkey's first dem­ ocratic period. Turkey began its second transition ro democracy in 1961 under a new constitution.

The 1961 Constitution adopted a parliamentary sys­ tem of government based on a bicameral legislamre and rhe proportional represenrarion electoral system. The leg­ islature exercised irs executive powers through the prime minister and the cabinet. The office of the presidency be­ came a ceremonial position. The constitution also recog­ nized extensive civil rights and increased the autonomy and independence of ch.e universities and the judiciary. Civil libercics, however, were curbed by consrirurional amendments adopted in response co a military ultima­ tum in 1971. The conscirurion recognized the principle

of judicial review and created a powerful and indepen­ dent constirutional court (Anayasa Mahkemesi). It also strengthened the Council of State (Danistay) to dilute the powers of administrative agencies. Turkey's second democratic period was ended on September 12, 1980, when the Turkish military intervened to end increasing social and political unrest.

A new constitution was adopted in 1982 and power was returned to elected civilian politicians in 1983. The new constitution, drafted by a commiccee appointed by the military junra, was ratified in a national referendum on November 7, 1982. The 1982 Constitution main­ tained the parliamentary system of government bur elim­ inated the upper house of the legislature. The members of the GNA arc elected based on proportional representation with a national threshold of 10 percent of rhe total vote. Parliamentary elections are hdd at lease once every five years, although early elections are common. The constitu­ tion further curbed civil liberties, decreased the autonomy of universities and the judiciary, and banned political ac­ tivity by interest groups including bar associations.

An important aspect of the Turkish political system under the 1982 Constitution is rhe further institutional­ ization of the milirary's role in politics. The 1961 consti­ tution and the constitutional amendments of 1971 had already taken important steps in this direction by first creating and then strengthening rhe National Security Council (NSC). The 1982 constitution further expanded the powers of this body. The NSC is composed of the prime minister, ministers of Defense, Internal and For­ eign Affairs, the chief of general staff of the military, and the commanders of the army, navy, air force, and gen­ darmerie. The council meets under the chairmanship of the president of rhe republic. According to Article I 18 of

rhe constitution the NSC "shall submit to the Council of Ministers its views on raking decisions and ensuring nec­ essary coordination with regard to the formulation, de­ termination, and implementation of the national security policy of the Scare. The Council of Ministers shall give priority consideration to the decisions" of the NSC. Over rhe past two decades rhe NSC has emerged as a powerful decision-making institution.

A second important characteristic of the 1982 Consti­ tution is the expanded powers of the presidenr of the r e ­ public. The president is still elected by· the GNA for a single seven-year term. The president enjoys extensive e x ­ ecutive powers, including the power of appointment to the country's high courts and the power to ask the GNA to reconsider legislation.

Fragmentation, volatility, and weak coalition govern­ ments characterize Turkish politics. Since the early 1980s the political system has been challenged by the rise of Kurdish nationalism and political Islam. The fight against the separatist Kurdish Workers' Party (PKK) in

southeasr Turkey has resulted in more r�an 30,000 .deaths and has led to a number of extrajudicial killings and dis­ appearances. Despite the arrest and conviction of rhe ·PKK's leader in the spring of I 999, no permanent solu­

tion to the conflict has been found, nor are there any at­ cempcs ac a negotiated secdement.

Political Islam is another source of conflict within the staunchly secular Turkish political system. The first legal Islamist political party was formed in 1970 and banned by the constitutional court a year later. It was then re­ placed by a new party, which was banned after the 1980 military coup. After the return to civilian rule in 1983, the Welfare Party became the country's main Islamist party. It emerged as the largest political party when it won 21 percent of the vote in the 1995 parliamentary elections. Eventually Welfare formed a coalition govern­ ment with one of rhc cencer-right parties. This govern­ ment was forced to resign in the summer of 1997 under pressure from the NSC. The Welfare parry was banned by the constitutional court in January 1998. Welfare's re­ placement, the Virtue Party, came in third in the 1999 parliamentary elections, thus becoming.the main opposi­ tion party, only co be banned by rhe conscirutional court in June 200 I. This action resulted in che formation of two new Islamisr parries. The constitutional court has also banned a number of pro-Kurdish parries.

LEGAL CONCEPTS

The constitution is the main source of law, and all orher codes, decrees, and regulations have to conform to it in substance and form. Sovereignty is vested in the nation without reservation or condition. The conscirmion de­ fines the Turkish Republic as "a democratic, secular and social Stare governed by rhe rule of law; and bearing in mind the concepts of public peace, national solidarity and justice, respect for human rights, and loyalty to the nationalism of Atarurk."

The 1982 Constitution recognizes an impressive array of political, social, and economic rights for the individ­ ual, bur it also enumerates conditions under which these rights can be limited or suspended. According to the con­ stitution (Article 13), "Fundamental rights and freedoms may be restricted by law, in conformity wirh the letter and spirit of the Constitution, with the aim of safeguard­ ing che indivisible incegriry of the State with its territory and nation, national sovereignty, the republic, national security, public order, general peace, the public interest, public morals and public health, and also f?r specific rea­ sons set forth in the relevant articles of the Constitution." Rights can also be restricted at rimes of war and during a srate of emergency. This last provision has been particu­ larly important in the Kurdish-inha�ited areas where the scare of emergency has been in effect for two decades.

Statutory laws, decrees, and regulations compliment TURKEY 1659

the constitution. Only the Turkish Parliament has the power to enact, amend, or repeal statues. Acts of Parlia­ ment become law after the president of the republic signs them. The president may choose to return the legislation to the Parliament for furrher consideration. If the Parlia­ ment readopts the legislation without amendments, the president has to sign it. The Parliament can also empower the Council of Ministers co issue decrees with the force of law. These decrees cannot go into effect without the ap­ proval of the president, a provision that is a source of fric­ tion between the president and the prime minister.

li.ukish legal codes in force today have their roots in the reforms of the 1920s and are for the most part trans­ lations of various European codes. The criminal code, adopted in 1926, is a translation of the Italian code of

1889; che code of criminal procedures (1929) is a trans­ lation of the German code of 1877; and the civil code ( 1926) was borrowed from Switzerland. Since the first part of the nineteenth century France has been the main source of administrative law. Although these codes have been amended through the years, their basic frameworks remain the same. At the time of this writing the Parlia­ ment was considering a major overhaul of the civil code.

As in other systems based on the civil law tradition, customs and precedents have limited roles in Turkish law. Customs can be used as a source of law only if there are no applicable provisions in written laws. In theory Turk­ ish judges are nor bound by precedents. The only excep­ tions are the decisions of the General Assembly of the Court of Cassation (Yargicay). These decisions are bind­ ing on both lower coum and the various panels of the court of cassation. In practice, however, precedent plays a larger role than theory suggests. The parties to a conflict might be reluctant to begin proceedings when higher courts have consistently dismissed similar cases. Similarly, since the promotion of judges is in pare based on the ap­ proval rate of their decisions on appeal, judges are sensi­

tive to the rulings of higher couns.

International treaties and conventions are another source oflaw. In general, internarional treaties can only be used as a source oflaw if they are promulgated through an act of Parliament. Turkey is a signatory to various interna­ tional conventions on human rights, most notably che Eu­ ropean Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Turkey ratified the ECHR in 1954, and since 1987 has recognized the com­ petence of the European Court of Human Rights and the European Commission on Human Rights to decide cases brought by individuals alleging violations of their rights by the Turkish state. Although on numerous occasions the "forkish state has been found in violation of its obligations under ECHR and the European and UN Conventions for the Prevention of Torture (both of which were ratified by Turkey in 1988), domestic political considerations have

1660 TURKEY

prevented amendments of relevant laws and practices needed to bring Turkey into full compliance.

COURT SYSTEM

Articles 138 through 160 of the 1982 Constitution deal with the organization of the judiciary. Article 138 forbids any individual or institution from attempting co influ­ ence the judiciary. This article also prohibits the GNA from debating or expressing an opinion on court cases. The constitution instructs legislative and executive organs of rhe state to comply with the decisions of the courts.

The Turkish legal system does not recognize trial by jury. Most courts of original jurisdiction are presided over by a single judge who makes decisions using the inquisi­ torial system. Panels of judges make decisions at rhe ap­ pellate level and the constitutional court.

Security of tenure for judges and public prosecutors is constitutionally guaranteed. Decisions concerning ap­ pointments, promotion, transfers, disciplinary actions, and dismissals of judges and public prosecutors fall under che jurisdiction of the Supreme Council of Judges and Public Prosecutors. The council consists of five regular and five substitute members appointed for four-year terms by the president of the republic from among can­ didates nominated by the court of cassarion and the Council of State. The undersecretary of the Ministry of Justice serves as an ex-officio member of the council. The

council meets under the chairmanship of the minister of Justice. Bar associations and jurists have argued that che participation of the minister of Justice and his undersec­ retary in the deliberations of rhe council undermines the independence of the judiciary.

The legal system is based on a two-tier court structure consisting of the following.

High courcs:

• The constitutional court (Anayasa Mahkemesi);

• The court of cassation or the Supreme Court

(Yargitay);

• The Council of State (Danistay);

• The court of accounts (Sayistay);

• The military high court of appeals (Askeri Yargitay);

• High military adminiscrative court of appeals (Askeri Yi.iksek idare Mahkemesi);

• The jurisdictional conflict court (Uyusmazlik Mahkemesi).

Courts of original jurisdiction:

• Criminal courts, consisting of 906 magistrates' courts, l 003 general criminal courts, and 18 l felony couns;

• Civil courts, consisting of 912 courts of peace, l 047 general civil couns, and 39 commercial courts.

Legal Structure of Turkey Courts

...._ __ co_L_inc_il_o_f s_{_}'ta_{_}te _{_ _ _,}� - - - --> j Constitutional Court

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---Administrative Couris - Appeals I I - - - • _{Constitutional Questions}

In addition the following specialized courts are opera­ tional in Turkey:

• 8 scace security courcs (Devlec G iivenlik

Mahkemesi); • 6 juvenile courts;

• 557 land registration offices;

• 8 1 labor courts.

The constitutional court examines the constitutional­ ity of laws, governmental decrees with the force of law, and the internal regulations of the Grand National As­ sembly. Legislative decrees issued during states of emer­ gency, martial law, or in wartime are not subject to review

by the constitutional court. The president of the repub­ lic, che parliamentary groups of the parry in power or the main opposition parry, or one-fifth of the members of the GNA have standing to challenge the conscirutionaliry of laws and decrees within sixty days after their publication in the Official Gazette. This period is ten days if che ob­ jection is procedural. The court can also accept cases re­ ferred to it by other courts if chose courts determine that the case before chem involves a constitutional question. The court cannot revisit a question until cen years have passed since the publication of the original decision in the Official Gazette.

The constitutional court is the venue of original juris­ diction in cases against che president of the republic, members of the Council of Ministers, presidents, mem­ bers, and prosecutors of the constitutional court and other high courts, and the presidents and f!1embers of the Supreme Council of Judges and Public Prosecutors. The constitutional court is the venue for the trial of p·olitical parries and has the power to close political parries. Since

1983, the court has closed more than a dozen political parties, including the Islamist Welfare parry, which at the time of its closure in January 1998 was the largest politi­ cal party in the GNA.

The consciturional court consists of eleven regular and four substitute judges. Appointments to the court are

made by the president of the republic from among

ap-'

Civil Courts Crionina I Courls Spcciulizw.t Court�

pellate court judges nominated by the plenary assemblies of the high courcs, including the military high courts. The president also appoints one member from among university professors nominated by the Higher Education Council. Three regular members and one substitute member of the court are selected from among senior civil servants and lawyers. Members of the constimtional court, like all other judges and prosecutors, retire at sixry­ five. Decisions of the constitutional court �re made by an absolute majority and are binding on other courts and ex­ ecutive and legislative organs of the state.

The court of cassation is the highest court in most criminal and civil cases. It, however, does not have juris­ diction over the decisions of military courcs, which arc subject to review by the military· high court of cassation. The court of cassation is divided into rwo plenary assem­ blies, one dealing with civil cases and the other with criminal cases. Each assembly is further divided into a number of chambers. There are twenty-one civil and eleven criminal chambers. Each chamber is presided over ·

by a president and four judges. If there are conflicting de­ cisions among the chambers, the decisions will be re­ viewed by the appropriate plenary assembly, or by the plenary assembly of the court of cassation as a· whole. Only the decisions of the plenary assemblies constitute legal precedent.

All administrative acts are subject to review by admin­

istrative courts. The decisions of civilian administrative courts can be appealed to che Council of State. The Coun­ cil of State is modeled after the French Conseil d'Ecat and

is one of the oldest institutions of the state, dating back to the Ottoman times.' The president of the republic ap­ points one-fourth of the members of the Council of Scace, and the Supreme Council of Judges and Prosecutors ap­ points the rest. In addition to the review of the decisions of lower administrative courts, the Council of State is also the venue for the adjudication of administrative disputes. The council also plays an advisory role to the government and can review draft legislation and regulations.

The court of accounts is basically rhe auditing arm of the GNA and audits various public entities. Mention

should also be made of the Supreme Election Council (SEC), whose members are elected by the plenary ses­ sions of the court of cassation and the Council of State from among their own members. SEC organizes elections

and deals with issues arising from the conduct of elec­ tions. Conflicts arising from the concurring jurisdictions

of different courts are resolved by che jurisdictional con­ flict court.

Military courts have competence to cry cases against

military personnel and civilians for offences connected with military service and duty, or when the offence has taken place in military areas. Decisions of military courrs can be appealed to military high courts.

SPECIALIZED COURTS

One of the more controversial aspects of the Turkish court system is its reliance on state security courts (SSC). SSCs were originally organized to deal with the increas­ ing political violence of the 1970s. The constitutional court, however; found them in violation of the 1961 Constitution's provision rhat prohibited che creation of extraordinary tribunals and guaranteed trial before the natural (legally designated) courts. Although the same provision exists in the 1982 Constitution, the framers of the latter constitution resurrected the SSCs under Article 143 of the constitution. According to this arcicle, "Courrs of the Security of the State shall be established to deal with offenses against the indivisible integrity of the Scace with its territory and nation, the free democratic order, or against the republic whose characteristics are de­ fined in the Constirution, and offenses directly involving the internal and external security of the State." Many of the cases tried by SSCs arise from the fight against Kur­ dish activists and political Islam. Over the years, however, the jurisdiction of

SSCs

has expanded co involve a variety

of cases, including organized crime, corruption, and banking. The SSCs arc also the venue for the trial of writ­ ers, academicians, journalists, and political and human rights activists who are prosecuted for violating various laws that limit freedom of expression. Decisions of state

security courts can be appealed to the court of cassarion. SSC trials, like all other trials, are public.

W hereas trials in general courts are held before a sin­ gle judge, trials in SSCs and felony courrs are presided over by a panel of three judges, consisting of a president and two associate judges. SSCs also include two substi­ tute judges, one public prosecutor, and a number of deputy public prosecutors. Until April 1999, when the constitution was amended, one associate and one substi­ mte judge were active-duty military officers from military courts, a provision chat was found to be in violation of rhc principle of the independence of the courts by the European Court of Human Rights.

Proceedings before SSCs have also been criticized

be-I C,C,2 TU R K I: Y

cause suspects are denied legal representation in the early stages of interrogation. Suspects in cases before general criminal courts have the right to have an attorney present at the very first interrogation. The 11.1rkish code of crim­ inal procedures, however, spe<;ifically exempts SSCs from this provision. Accordingly, suspects only have a right to legal representation in the second and subsequent inter­ rogations. Lawyers practicing before SSCs often com­ plain of harassment and inadequate access to their clients. A further complaint arises from allegations of torture, al­ though use of torture has declined.

STAFFING

Upon graduation from a law faculty an individual can choose to enter public service or go into practice as a pri­ vate lawyer. Those choosing to enter public service apply to the Ministry of Justice to take the appropriate exami­

nation. If accepted, they begin a two-year apprenticeship period. They are then appointed as full-fledged judges and prosecutors. The Supreme Council of Judges and Public Prosecutors administers personnel matters, in­ cluding appointments, promotions, and disciplinary ac­ tions, concerning judges and public prosecutors of civil­ ian courts. There are various ranks for judges and prosecutors. Only the judges and prosecutors who have achieved the highest rank (first degree) can serve on the high courts. Promotions for judges, particularly at the lower levels, are based on evaluations by superior judges and their record on appeal. This system encourages the lower-ranking judges to pay attention to precedent and

prevents the promotion of maverick judges.

Court rapporteurs are respor{sible for preparing the documents necessary for trial, assisting the judge in find­ ing the applicable law, and recording the trial proceed­ ings. In cases before the constitutional court, they assist the justices by preparing detailed reporrs on the cases be­ fore the court.

Notaries prepare deeds and other legal documents. Al­ though notaries have law degrees and are licensed by the Ministry of Justice, they do not receive a salary from the m1111stry.

Turkish law requires all private lawyers (avukat) to hold a law degree and to join a local bar association. In 1997 bar associations had a ,coral membership of 39,000. Private lawyers begin their careers with a short appren­ ticeship in the courts, after which they can join a bar as­ sociation. Those joining university teaching faculties can join the bar after attaining the rank of associate professor. After the apprenticeship period private lawyers follow a career path that is radically different from judges and prosecutors. There is almost no professional contact be­ tween the rwo groups outside the courtroom. Although some judges and prosecutors might choose to go into pri­ vate practice after retirement, the reverse is not possible.

Bar assoc1anons have no role in the appointment of judges, including chose serving on high courts. These fac­ tors help explain che extraordinarily high levels of ani­ mosity between defense lawyers and prosecutors and judges. Bar associations can cake disciplinary actions against their members. However, the initiation of such action requires the permission of the minister of justice.

IMPACT OF LAW

The rule of law has been pare of Turkish political dis­ course since the mid-nineteenth century. Mose observers, including many Turkish jurists, however, would agree chat Turkey's record has not been exemplary. In recent years there has been a renewed emphasis on the rule of law, and che number of extrajudicial actions has greatly declined. The courts have also been at the forefront of the fight against corruption. The Turkish judiciary

is

an im­

portant political actor and is one venue for the resolution of political differences. The prominent role of the courts and the prospects of joining the European Union have pushed the reform of the judicial system co the cop of che political agenda.

Hooran Shambayat

See also Civil Law; European Court and Commission on Human Rights; Islamic Law; Judicial Review; Ottoman Empire

References and further reading

Ahmad, Feroz. 1993. The Making of Modern Trtrkey. London:

Roucledge.

Ansay, Turgul, and Don Wallace, Jr., eds. 1987. Introduction to 'lill"kish Lt1w. 3rd ed. Oevenrer, the Netherlands: Kluwer Law and 0

l:1xarion.

Bic;ak, Vahit. 1996. Improperly Obtr1ined Evidence: A Comparison of Turkish t1nd English Laws. Ankara: V. Bicat.

Dodd, Clement Henry. 1990. The Crisis ofT11rkish Democracy.

Huntingdon, Cambridgeshire: Eothen.

Liwycrs Commirtce for Human Rights and Crowley Program in Inrcrnational Human Rights. 1999. Obstacles to Reform: .Exceptional Courts, Police Impunity

6-

Persecution of Human Rights Defenders in 'fitrk_cy. New York: Lawyers Committee

for Human Rights.

Ozbuclun, Ergun. 1995. 'li"irk Anayasa H11kuku. Ankara: Yerkin Yayinlan.

--. 2000. Contemporary Turkish Politics. Boulder, CO:

Lynne Reiner.

Payaslioglu, Arif 1993. An Introduction to uiw mid the 'litrkish Leg,il System. Ankara: Yiiksckogrerim Kurulu Matbaasinde. Srarr, June. 1990. "Islam .1nd the Struggle over State Law in

Turkey." [n Law and Isl11m in the Middle Eitst. Edited by Daisy Hilse Dwyer. New York: Bergin and Garvey.

--. I 992. L,1111 m Met((phor: From Islamic Courts to the l'til,1ce of justia·. Albany: State University of New York Press.

Ziirchcr, Erik J. I 993. litrkey: A Modern History. London: l. 13. "fouris.

TURKMENISTAN

COUNTRY INFORMATION

One of che largest of che Central Asian republics, Turk­

menistan has valuable natural resources, access to the

Caspian Sea, and a political system more stable than c�ose of its neighbors. Spread _our over 488,000 square k1lomerers (190,000 square miles), Turkmenistan is che fourth largest state in the Commonwealth of Indepen­ dent States behind Russia, Kazakhsca;1, and Ukraine. le is bordered to che south by Iran and Afghanistan, co the east by Uzbe.kisran, to the north by Kazakhstan, and to rhe west by the Caspian Sea.

Its population of 4.7 million is over 80 percent Turk­ men with a smattering of Russians and Uzbeks. Turk­ menistan is divided according co tribal loyalties rather than political or religious differences. The various tribes, descended from chose rhac conquered che region over che centuries, differ in their cloches, food, and lifestyle. The once sizable Russian minority has declined since inde­ pendence as the Turkmenistan government placed re­ scricri?ns on rh� spea�ing of Russian in the councry. Prommem RuSSian businessmen and officials have been deported from che country. The government has made clear its intention co separate the country from Russian influence both economic and political.

Turkmenistan is over 75 percent deserc with a moun­ tain range along the Iranian border. The desert, known as Karakum or black sands, dominates the country and makes travel difficult. Ac the same ·rime it is believed co hold an immense quantity of natural gas and oil. Turk­ menistan is bolstered by its extensive natural resources bur has had difficulty in finding a safe and reliable method of transporting the gas to market. A pipeline through the south would run through Iran or Afghani­ stan, countries suffering from political instability. A pro­ posed pipeline through southern Russia is endangered by unrest in che Russian Caucasus region and political insta­ bility in the former Soviet republics. Bue even with these difficulties, Turkmenistan remains one of the wealthiest

countries in che region with a per capita income of $ 1,800. Yet economic advancement is hindered by con­ tinued adherence co a ccnrrally planned economy. Mose citizens work in the agricultural sector as che government pursues the destructive policy of growing cotton in one of the driest regions of the world.

The Turkmenistan government has also adopted a pol­ icy of separation from Russia and the Commonwealth of

Independent States (CIS). Unlike its neighbors Uzbek­ istan and Tajikistan, rhe Tti"rkmen government has re­ fused co participate in military operations with the Rus­ sians and has rejected close economic and political cies co its neighbor ro the north. This form of strict neutrality has allowed the government co play regional powers T U R KM E N I STAN 1663