Turkey is falling far from rule of law: 117th in world index

Global surge in gas, electricity and food prices have ignited protests in many countries all around the world from Czech Republic to Germany, India, Ethiopia, as people hit streets asking governments to resign. In Turkey, pro-government news agencies covered the stories with enthusiasm, implying that Turkish people are not protesting the growing inflation and deteriorating purchase power, which they underline as “a global issue” stating that “happens everywhere”, “because they are satisfied with the current situation”. It is like a psychological warfare tactic. 

In Italy, France, Germany and Greece, people are confident that the rule of law will protect their right to peacefully protest, and they take to the streets to voice their objections with this confidence. However in Turkey, the reason behind this silence lies not in people’s satisfaction with the situation but in the fear that if they try to use their constitutional right to peaceful protest, they might face the police which has sweeping authority to use force to disperse them, or prosecutors or judges that will imprison them for terrorism or putschism. 

Once being its primary goal, unfortunately Turkey gradually ceases to be a state of law, and this situation worsens with the deepening of the economic crisis.

According to the World Justice Project’s (WJP) Rule of Law Index 2021, Turkey ranks 117th among 139 countries in the general rank.

Rule of Law measures

The WJP Rule of Law Index 2021 presents a portrait of the rule of law in 139 countries and jurisdictions by providing scores and rankings based on eight factors. Turkey’s rank in each factors are as such:

1-Constraints on Government Powers: Turkey got the worst score in this factor: It ranks 134th between China and Cambodia

2-Absence of Corruption: Above Turkey there is Kosovo, below, Uzbekistan. Turkey ranks 69th in corruption

3-Open Government: Ranks 107th

4-Fundamental Rights: 113rd

5-Order and Security: 83rd place

6-Regulatory Enforcement: 119th between Bolivia and Mosambique

7-Civil Justice: 113th

8-Criminal Justice: 103rd

Turkey’s overall score in adherence to the rule of law is 42/100, making it rank 117th among 139 countries. 

Denmark is in first place with 90 points out of 100, followed by Norway with the same score. They were followed by Finland (88) and Sweden (86), for whom Turkey recently have imposed “PKK and FETO conditions” for their NATO membership bid. Germany is fifth with 84 points. The USA is ranked 27th with 69 points, Greece 48th with 61 points, and Russia 101st with 46 points.

Protest if you dare

The right to peaceful protest, which I gave as an example at the beginning of the article, falls under the category of “fundamental rights”, which is the 4th criterion of the World Justice Project, within the framework of freedom of expression.

According to the data of the European Court of Human Rights (ECHR), Turkey is the country where freedom of expression is violated the most in 2021, ahead of Russia. Shameful.

Article 90 of the Constitution states that the decisions of the ECtHR are valid in case of conflict with national law. This article of the Constitution was enacted during President Tayyip Erdoğan’s Prime Ministry term, under Justice and Development Party (AKP) rule. 

On September 1, at the opening ceremony of the judicial year, the same Erdogan said that the ECHR’s decisions on Turkey are “political, not judicial”. In other words, the ECtHR is fair in all its other decisions, but not when it comes to Turkey.

You can walk on the street, if you dare, to protest the increase in electricity, natural gas and food prices, without facing pepper spray, water cannon, or without being beaten like the Italian, the French, the German.

“Know your place”

The imprisoned philanthropist Osman Kavala’s case, Gezi Park protests convictions, broadcast bans are not among the factors of WJP. 

Of course, Erdogan can lash out at the WJP as well as the ECtHR, intimidating them saying “know your place”.

However, the WJP is not a formation that he can easily brand as “marginal”. The project has a strong strategic partnership structure with several international bodies like the World Bar Association, of which the Union of Turkish Bar Associations is a member; the Human Rights Watch, International Organization of Employers, the International Confederation of Trade Unions, the International Chambers of Commerce (ICC), or the American Chamber of Commerce, where Erdoğan expects 100 billion dollars of annual trade. 

As it is known, the rule of law is not only necessary for individuals to exercise their rights and freedoms. Rule of law is also sought for investment and trade assurance. The reason I emphasize this is that when we underline rights or law, we cannot attract enough attention. Maybe if we emphasize money, we might attract attention to the importance of justice.