OPERATION ENDURING FREEDOM

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The Role of Ethics Reform in Turkey's Bid to Join
the European Union
Ms. Diane M. Janosek February 20, 2009 Ethics in
the Intelligence Community 2009 International
Intelligence Ethics Association
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Presentation Agenda

• European Union
• Turkeys Global Engagements
• EU Accession Process
• Focus on Ethics Reform
• Turkeys Ethics Emphasis in 2008
• Turkeys Challenges
• Turkeys Ethics Reform as applied to Intelligence
• Overall Takeaway Questions

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European Union Countries
4
European Union

• The EU is the worlds biggest trader in goods
  with thirty percent of the global market share--
  more than the U.S., China or Japan.
• EU stands as one entity to the World Trade
  Organization and with trading partners to
  maximize its influence on international scene.
• EU membership represents to world European
  confidence in countrys ability transact business
  w/legal certainty and transparency.
• 27 countries are EU members and these account
  for a third of global imports and exports. 21 are
  NATO members.

5
Republic of Turkey Türkiye Cumhuriyeti
Since 1923, first to have political Islam
background.
Spent 4 months in jail -political Islamism
-
6
Turkeys Political and Global Engagement

• Turkey is a democratic, secular, constitutional
  republic.
• Full implementation is debated in and outside of
  Turkey
• Political system was established in 1923
• under leadership of Mustafa Kemal Ataturk
• following fall of Ottoman Empire after World War
  I.
• Turkey has become increasingly integrated with
  the West
• through Council of Europe and NATO (since 1952).
• Turkey 2005 full EU membership negotiations
• associate member of the EEC since 1963
• a customs agreement in 1995. Applied 1987.

Turks celebrate AKP victory 2007 Erdogan said
"Our unity, democracy and republic have
emerged stronger from the ballot box."
Source http//news.bbc.co.uk/2/hi/europe/6912052.
stm
7
Turkeys Economic Engagement

• 15th Largest Economy in World
• Member of G-20 Economic Summit
• Istanbul 4th city in world for of billionaires
• Russia/Turkey Agreed to more trade and
  bilateral economic ties.
• Non-oil Russian exports to Turkey in 2008 at 6
  billion.
• Unemployment figures November 2008 reached
  12.3. 
• 524,000 people lost jobs in last quarter of 2008.
  
• 1 in 4 w/o jobs. 4th in world unemployment.
• International Monetary Fund 2009 IMF loan
  program to Turkey.
• Per IMF, Turkey had proven relatively resilient.

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Turkeys EU Accession Process

• EU membership is two-fold
• -the expressed desire of the applicant country
  and
• the acceptance by the existing EU voting members.
• EU candidate country in 1999 (1999 Earthquake in
  Arkara).
• Turkey introduced substantial human rights and
  economic reforms
• death penalty abolished
• tougher torture codes penal code overhauled
• women's rights introduced
• Kurdish culture, language, education and
  broadcasting permitted
• EU accession talks 2005 Turkey agreed to
  recognize Cyprus as EU member.
• Accession negotiations are expected to take about
  10 years.
• First EU investment was for corruption and ethics
  reform.

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Corruption Perception Index 2008

• CPI Score 10 clean of corruption
• CPI Score 1 serious corruption

Source http//transparency.org/policy_research/su
rveys_indices/cpi/2008
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Turkeys Focus on Ethics Reform for EU

• Primarily, EU members concerned by Turkeys level
  of corruption.
• 2002 Turkeys Corruption Perception Index (CPI)
  was 3.2.
• 2006 Moved marginally, but more positively, to
  3.8.
• 2008 Turkeys CPI was better, moving to 4.6 --
  46th worldwide ranking.
• CPI survey respondents rated the level of
  corruption across nine categories politicians,
  trade unionists, public officials, policemen,
  businessmen, judges, ordinary citizens,
  clergy/priests, and journalists.
• Corruption includes making irregular payments to
  transact.
• This interferes with customs agreements and
  tariffs.
• Since EUs aim is a level playing field for
  all, Turkey desires to improve.
• Note Turkey had same 2008 CPI score as Poland
  Lithuania- EU members.

Source http//www.todayszaman.com 17 Feb 2009
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Turkeys Culture and Reform

• 2008 KADEM Turkey Poll
• most trusted/non-corrupt institutions
• 1 TURKCELL (mobile phone operator)
• 2 Eastern Mediterranean University
• 3 Koop Sut (a milk factory).
• These three top picks show culture differences
  with West.

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Ethics Reform Natural Tensions
Government

• Parliament
• Judiciary
• Police and Intel

Photos BBC, Istanbul 22 July 2007
People
EU

• Corruption Accepted
• Desire for Global Market Economy and Acceptance

• High Expectations before Accession
• Europe not yet comfortable with Turkey

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EUs Investment in Turkeys Ethics Reform

• February 2008 Summit in Ankara to initiate the
  project Ethics for the Prevention of Corruption
  in Turkey.
• EU sponsored Turkeys Ethics Council with 1.4
  billion Euro in 2008.
• Ethics is first area funded by the EU.
• June 2008 The Turkish Economic and Social
  Studies Foundation (TESEV) published a 105 page
  book entitled The European Code of Police Ethics
  and Vocational Socialization of Security
  Personnel in Turkey.
• EU sponsored Turkeys training with 2 million
  Euro in 2009. Vocational training is second EU
  funded area.

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EU Accession Reform Areas for Turkey Turkeys
Challenges

• Corruption EU desires ethics reform for Turkey
  across its judiciary,
• military, parliamentary, and security apparatus.
• Secularism EU desires a demonstrated Turkish
  secular government as EU is a secular body with
  no formal connections/reference to any religion.
• Ruling AK Party challenged by secularists for
  motivations.
• Minority Rights EU opposes minority persecution.
  
• Kurdish-language broadcasts, banned for years,
  were introduced June 2004 for EU criteria on
  minorities. However, is common for radio and TV
  stations to have broadcasts suspended for airing
  sensitive material.

Source http//news.bbc.co.uk/2/hi/europe/country_
profiles/1022222.stm
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Corruption Nexus to Intelligence

• A connection between a
  countrys
• corruption and intelligence services has
• an established nexus.
• When a country harbors abuse of power as
  evidenced by ongoing bribes by customs officials,
  how can onee be assured abuse of power is not
  occurring in the more secretive intelligence
  organization?
• Misuse of intelligence information can and will
  harm both individuals and states national
  security.

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Turkeys Need for Intelligence Ethics

• A security official can pass information to
  politicians, journalists or business competitors.
• Intelligence can be misused to discredit or
  bribe politicians and leaders. Political rivals
  are tempted to use intelligence for selfish
  motives.
• Threats of spying on certain activities or
  individuals can force inappropriate agreements
  and illegal payments. Corruption in intelligence
  collection and operations can lead to fatal
  misfortunes.
• In a 2009 telephone monitoring incident, a voice
  record of the wife of a retired general, a
  suspect in the controversial Ergenekon case, was
  leaked to the Turkish press.
• The incident puts Turkeys communications and MIT
  in spotlight.
• The MIT is Turkeys National Intelligence
  Organization.
• Source Turkish Intelligence Agency denies
  Institutional ties to Ergenekon Defendant.
  Istanbul NTV Online. 13 Jan 2009, accessible at
  http//www.ntv.com.tr

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Turkey Ethics Intelligence

• Wiretapping January 2009
• Constitutional Court overruled authority to
  officials or commission appointed by the prime
  minister to control the monitoring and recording
  phone calls by the National Intelligence
  Organization, police and gendarmerie. No
  oversight now. Much outcry over wiretapping.
• Expected Misuse of Intelligence 12 Feb 2009
• Vakit columnist Abdurrahman Dilipak warns the
  court justices hearing the Ergenekon case,
  saying, "You have heard of the voice recording of
  Eruygur's wife, right?  You should not be
  surprised if your voice recordings find their way
  to the Internet tomorrow, too.
• Turkish media and citizens are skeptical of
  legitimate monitoring.

Sources URL http//www.vakit.com.tr 12 Feb 2009
and http//www.hurriyet.com.tr/english 14 Feb
2009.
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Turkeys Intelligence Ethics Reform

• Challenges erupt when secret agencies given law
  enforcement authorities.
• Allegiances, abuses and scandals can easily occur
  w/o intelligence oversight.
• Countries are learning that they must maintain
  independent checks their intelligence activities
  and to conduct assessments. Example Poland.

• Turkeys corruption reform efforts are
  prerequisite to a more robust
• intelligence service and intelligence
  relationships.
• Sharing of information must take place with
  trusted alliances.
• Once corruption starts to decrease, ethics reform
  can take hold across the judiciary, military,
  parliamentary, and intelligence apparatus.

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Turkeys Intel Reform Efforts

• 15 Oct 2008 Turkey Announces Decision to combine
  Intelligence Efforts
• Turkey lost 22 people in terror attacks in less
  than a week in 2008.
• To fight against PKK terror, new division created
  to lead intelligence sharing between security
  forces
• Expected to be chaired by civilian
• Executives from the General Staff, gendarmerie,
  National Intelligence Organization (MIT) and the
  police department. 
• Single Coordinator of Intelligence Sharing Memo
• Ministry of Interior, the police, the MIT, the
  military police, soldiers all should give a
  list of all departments incorporated within them.
  The Prime Ministry should then coordinate
  reorganization. In summary, Turkey should stop
  being a country where everybody is being taped,
  monitored and executed or punished without prior
  judgment.
• Sources http//arama.hurriyet.com.tr/arsivnews.as
  px?id10126382
• http//arama.hurriyet.com.tr/arsivnews.aspx?id10
  458249

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Turkeys Intelligence Ethics Reform

• EU focus Area Improve Greek Turkish relations
  
• January 2009 Turkeys Intelligence agency MIT
  approved
• diplomats right to marry Greek national.
• Facts
• Cengiz Firat, a diplomat who also worked on the
  European Council, met Viki, a Greek citizen
  working at the Greek embassy in Paris.
• A Turkish diplomat has to pass a strict
  assessment and investigation by the National
  Intelligence Organization/MIT to marry a
  foreigner.
• Firat is first Turkish diplomat to apply to marry
  a Greek, a country high on list of those
  threatening Turkey's national interests.

Source http//arama.hurriyet.com.tr/arsivnews.asp
x?id10763965 Jan 13, 2009
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EUs Intelligence Ethics and Concerns with Turkey

• EUs Recognition of Intelligence Ethics
• Intelligence is a growing international and
  domestic discipline.
• Desires EU-wide standards for intelligence
  ethics.
• EU must be assured partners share common
  intelligence ethics framework.
• After the Madrid bombing in March 2004, EU
  established European Intelligence Coordinator to
  facilitate sharing of counterterrorist
  intelligence
• EUs Concern with Turkeys Intelligence Ethics
  2008
• Some EU members vetoed cooperative sharing
  agreement on the exchange of classified
  information between the EU and Turkey. (Turkish
  Policy Qtrly)
• The hesitancy of EU countries to share and
  exchange their state secrets show a nation
  states national security interests come before
  global economic advances.

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EU Status as of Feb 11, 2009

• EUs European Parliament Committee on Foreign
  Affairs Concerns
• Non-fulfillment of Turkey's EU accession
  commitments by December 2009 would seriously
  affect process of negotiations.
• EU regrets that freedom of expression and
  freedom of the press are still not fully
  protected in Turkey.
• While no longer top issue, EU voiced concerns
  about Turkey's lack of progress in putting in
  place an anti-corruption strategy.
• Voiced concerns in establishing civilian
  supervision of the military and parliamentary
  oversight of military and defense policy.
•  
• The report, however, should add momentum to
  Turkey- EU relations.
• One EU participant stated,  Turkey needed some
  new systematic reforms. . . aimed at turning
  Turkey into a modern, democratic and prosperous
  country.
•  
•  

Source http//www.hurriyet.com.tr/english/domesti
c/10983036_p.asp 17 Feb 2009
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EUs High Accession Bar for Turkey \

• Final Takeaway
• Ethics Reform is the critical underpinning of
  Turkeys ability to take the necessary forward
  leaning actions for EU accession and for
  increased intelligence partnerships.
• The EU stated on 11 Feb 2009 Its political
  parties leaders must seriously seek dialogue and
  to agree, in a spirit of compromise, on a reform
  agenda for the modernisation of Turkey towards a
  stable, democratic, secular, pluralist and
  prosperous society, guided by respect for human
  rights and fundamental freedoms, and based on the
  rule of law.

Source http//www.euractiv.com 12 Feb 2009 EU
Turkey Accession amendments (emphasis in
original).
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Turkeys Lady Justice in Arm Wrestle
Feb 12, 2009 A cartoon by Osman Turhan shows
Lady Justice sweating in an arm wrestling match
with a criminal, implying that the Ergenekon
network is going out of its way to prevent the
justice system from prosecuting its members.
http//www.zaman.com.tr
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Questions?
Source http//ec.europa.eu/avservices/photo/photo
_thematic_en.cfm?idmarkPRO,SYMB
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BACKUP SLIDES
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Council Background

• Three different European bodies with the word
  'council
• The European Council This is the meeting of Heads
  of State and Government (i.e. presidents and/or
  prime ministers) of all the EU countries, plus
  the President of the European Commission. The
  European Council meets, in principle, four times
  a year to agree overall EU policy and to review
  progress. It is the highest-level policy-making
  body in the European Union, which is why its
  meetings are often called summits. 
• The Council of the European Union Formerly known
  as the Council of Ministers, this institution
  consists of government ministers from all the EU
  countries. The Council meets regularly to take
  detailed decisions and to pass EU laws.
• The Council of Europe This is not an EU
  institution. It is an intergovernmental
  organization based in Strasbourg, which aims
  (amongst other things) to protect human rights,
  to promote Europe's cultural diversity and to
  combat social problems such as xenophobia and
  intolerance. The Council of Europe was set up in
  1949 and drew up the European Convention on Human
  Rights. To enable citizens to exercise their
  rights under that Convention it set up the
  European Court of Human Rights.

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EU Background

• EUROPEAN UNION INSTITUTIONS
• European Parliament
• Council of the European Union    - Presidency
• European Commission
• Court of Justice of the European Communities
• European Court of Auditors
• European Ombudsman
• European Data Protection Supervisor
• Financial bodies
• European Central Bank
• European Investment Bank    - European
  Investment Fund
• Advisory bodies
• European Economic and Social Committee
• Committee of the Regions

Source www.ec.europa.eu
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EUROPEAN UNION AREAS Agriculture Audiovisual
and Media Budget Competition Consumers
Culture Customs Development Economic and
Monetary Affairs Education, Training, Youth
Employment and Social Affairs
Fisheries and Maritime Affairs Food Safety
Foreign and Security Policy Human rights
Humanitarian aid Information Society
Institutional affairs Internal Market Public
Health Justice, freedom and security Regional
Policy Research and Innovation Taxation
Transport

Energy Enlargement Enterprise Environment
External Relations External Trade Fight
against fraud
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2009 EU Entry Issues Background

• Additional EU entry issues are
• 1. The Turkey-Cyprus sovereignty dispute
• 2. The implications of the potential admission of
  a Muslim country into an historic non-Muslim
  European entity, and
• 3. An ethnic issue surrounding Turkeys treatment
  of minority groups. 1915 genocide Armenians
• Feb 11, 2009 EU praised
• the launch of a Kurdish language television
  channel on Jan. 1, 2009.
• Turkey's mediation efforts in the Middle East and
  the south Caucasus, notably following the
  conflict between Russia and Georgia.
• EU Report welcomed "the beginning of the trial
  against those accused of being members of the
  Ergenkon criminal organization", and encouraged
  "the authorities to continue investigations and
  to fully uncover the organization's networks
  which reach into state.
• EU Focus Area Religion Feb 2009 Report
  Amendment states EU is concerned by the ongoing
  polarisation within Turkish society and between
  the main political parties, deepened in the
  course of 2008 and negatively affected
  functioning of the political institutions and the
  process of reforms stresses that this could
  create obstacles to a successful EU accession
  process calls on the Turkish government to
  adhere to secular principles and to refrain from
  religious motivations recalls that the
  government should represent Turkish society as a
  whole repeal Article 301.
• The European members are concerned that Turkey
  will have Arab preferences,
• not European preferences on multiple global
  issues,
• and therefore may not reach full
  democratization.

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Background Turkeys Ethics Reform

• One of the criteria for Turkish membership that
  has been imposed by the EU is that the country
  effect ethics reform.
• The Ethics Council was established in Turkey to
  play a role in creating a transparent and
  accountable public administration. The Council
  of Europe would play a role in the Ethics Council
  as well, by assisting in its start-up providing
  technical support and assistance in its asserting
  its leadership role.
• ETHICS VERSES MORALITY TESEV publication states
  that morality, related to the word creation,
  implies that the good values of humans result
  from their nature, but moral principles are
  local and relative, whereas ethical rules are
  universal. Therefore people can produce
  different, even conflicting, ethical rules as a
  result of socialization in different societies
  and time periods. Ethical rules will have
  secular characteristics as they are established
  based upon the needs of different professions,
  not merely religion. Therefore a code of ethics
  is important even in a country with a majority
  religion.

Source http//www.todayszaman.com 17 Feb 2009
32
Current Events

• Penal Code 301 A crime to insult Turkish
  national identity. Used to prosecute journalists
  and publishers. EU wants abolished 2009.
• Stand-off with the secularists March 2008
  Constitutional Court only narrowly rejected a
  petition by the chief prosecutor to ban the
  governing Justice and Development Party (AKP) and
  71 of its officials, including President Abdullah
  Gul and Prime Minister Recep Tayyip Erdogan, for
  allegedly seeking to establish an Islamic state.
  EU wants review in 2009 to ensure no harboring of
  a secret agenda to turn Turkey into a religious
  society.
• Ergenekon Criminal Charges EU wants fair trial
  of participants in 2009
• Religion Turkey is secular country- 75 million
  citizens are Muslim, while Christians number
  100,000. EU has been following and asserts 2009
  must be better for religious minorities (for
  example, prosecute murderers of Christians
  priests).
•  

Source http//news.bbc.co.uk/2/hi/europe/country_
profiles/1022222.stm
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Turkeys Challenges- Compliance with EU

• EU desires both civilian control of Turkish
  military to demonstrate democracy and legitimacy.
  
• Problem of link between criminal outfit and
  JGKs intelligence unit.
• Turkey's Gendarmerie General Command (JGK) has
  long been under scrutiny to rehabilitate itself
  and act under the orders of the civilian
  authority and not the Turkish military. In times
  of war okay to operate under Turkish Armed Forces
  (TSK) but does in daily operations (budget,
  promotion, training).
• JGK's reputation is tainted by its association to
  the clandestine JITEM, the intelligence unit of
  gendarmerie with a denied existence. Retired Gen.
  Veli Kucuk, who was jailed early last year after
  he was captured in a police raid to crack down on
  a gang known as Ergenekon, said in a statement
  that he was the founder of JITEM. JITEM is
  allegedly linked to 7,000 unsolved murders in the
  country.

Source http//www.todayszaman.com 17 Feb 2009
34
Cyprus Background

• Cyprus Issue A significant but unresolved issue
  that pertains to accession is Turkeys
  recognition of Cyprus. In 1974, Cyprus was
  divided into the Greek Cypriot south and Turkish
  Cypriot north when Turkey sent troops to take
  control of one third of the island following a
  failed Greek Cypriot coup seeking union with
  Greece.
• Turkey refuses to recognize Cyprus Greek Cypriot
  government, which represents the whole of the
  island in the EU. Ankara supports a Turkish
  Cypriot breakaway state in the north of the
  Mediterranean island. While Ankara refuses to
  negotiate with the Cyprus government, it did
  fulfill its obligation to the EU and extended its
  customs union to all EU bloc members and Cyprus.
  
• Note the other complication is that the Republic
  of Cyprus is recognized by the EU all EU members
  must recognize each other.

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Backup EUs Police Ethics Emphasis in 2009

• Feb 17, 2009 EU Project To Train Gendarmerie on
  Human Rights
• Tibor Varadi, deputy head of the delegation of
  the European Commission to Turkey, said on this
  occasion that the big challenge for Turkey during
  the accession process is to create stable
  institutions that are able to deliver their
  services, including security, to the citizens in
  respect of democratic principles and human
  rights.
• The functioning of the gendarmerie -- a law
  enforcement agency responsible for 92 percent of
  Turkey's territory -- will not only be important
  throughout accession negotiations but also
  afterwards, as it will be one of the institutions
  in charge of implementing an important part of
  the acquis, Varadi added.
•  In the report, the committee called on the
  Turkish government "to prove its political will
  to continue the reform process committed to in
  2005.
• Full name Republic of Turkey
• Population 75.8 million (UN, 2008)
• Capital Ankara Area 300,948 sq miles
• Major language Turkish Major religion Islam
• Monetary unit Turkish lira Main exports
  Clothing and textiles, fruit and vegetables, iron
  and steel, motor vehicles and machinery, fuels
  and oils