(sf 343 - 348)
Türkiye'de hukuk bilinci, hukuk kültürü, bireysel ve toplumsal hukuk algısı. | Essays of contemporary reflections on law as a conception in culture and perception by individuals and communities in Turkey as well as watching the relation between the Turkish Republic and the European Commission for the Democracy through Law
Showing posts with label Covert war. Show all posts
Showing posts with label Covert war. Show all posts
Monday, 13 May 2019
Wednesday, 14 November 2018
Writing the near history, the difficulties
Gezi Events was a manifestation of a pax convention between various circles.
Everyone knows and accepts it is either the secret world or the public life, circles differ in purpose of competing or even battling with each other.
The only solid remnant of the Gezi events seem to be the de facto adoption of the circles into the daily politics and its affiliations.
Its slogans, feelings, capabilities and incapabilities points out, as being the most enduring one at least, the circles as the true achievement of Gezi events to the social order.
Whereas the current government have given the primary contribution to the forming of such a public while taken its part as maintaining the dominant circle, or transforming its supporters into a political circle or a regime police in other words.
Circle consciousness has risen and taken the part of class consciousness, various causes under its own analytical comprehension: while even decomposing, destructuring their true nature.
Circles are the new comintern, the party, whereas its dirigeants are very vague and weak seeing as the current situation of the electoral democracy.
Any change of government, regime, party means change of borders, limits, orders etc.
Logic of democracy is captive, while the evolution follows an evolution of war, a battle ground.
Everyone knows and accepts it is either the secret world or the public life, circles differ in purpose of competing or even battling with each other.
The only solid remnant of the Gezi events seem to be the de facto adoption of the circles into the daily politics and its affiliations.
Its slogans, feelings, capabilities and incapabilities points out, as being the most enduring one at least, the circles as the true achievement of Gezi events to the social order.
Whereas the current government have given the primary contribution to the forming of such a public while taken its part as maintaining the dominant circle, or transforming its supporters into a political circle or a regime police in other words.
Circle consciousness has risen and taken the part of class consciousness, various causes under its own analytical comprehension: while even decomposing, destructuring their true nature.
Circles are the new comintern, the party, whereas its dirigeants are very vague and weak seeing as the current situation of the electoral democracy.
Any change of government, regime, party means change of borders, limits, orders etc.
Logic of democracy is captive, while the evolution follows an evolution of war, a battle ground.
Saturday, 21 July 2018
Press in Turkey and the chicken feed
Ertuğrul Özkök is a prominent, very well-known journalist in Turkey, he was the editor-in-chief of the most read newspaper for years. As he tells his story on many occasions in his writings, he is from Kahramanlar banlieu of Smyrne, a poor neighbourhood.
After meeting and marrying a girl from Smyrne of a wealthy family, he studies in Ankara and then goes to France with a state scholarship, and then he becomes Moscow correspondent of the Hurriyet, without knowledge of Russian language.
He is impressed by the African footballers of the France that brought the World Cup from Russia.
He is impressed by the African footballers of the France that brought the World Cup from Russia.
He is known for his conformist views as a self-claimed liberal. Although he doesn't express it that clear, claims his ability for the communications issues as good as that of Goebbels. It is anyway quite true.
*
It was true that France had been an important venue with her cultural solid richness and provided the cultural shield required especially after the WWII all over the world whereas the Socialist Soviets was the leading inspiration for the proletarian centered politics.
Why the France couldn't have taken this wind is an important question on the modern France. She is still good, beautiful, attractive, intelligent. Was the Socialist Soviets was her anti-thesis? I don't think so.
*
The homeland of nationalism was the venue of those who want to add something to their national identity in means of cultural, intellectual acquisitions other than putting isolation to the centre of all the political motivations. Maybe France had balanced the centrifugal (and yet exhausting) nature of nationalism within cultural fields and its invites and the politics had made a step, consciously this time other than the 18th and 19th century Europe, to the pluralist democracy without the need of authoritarian methods which leaves the power for political decisions to a very limited amount of decision-makers, in the second half of the 20th century.
Whereas the Francophiles in Turkey couldn't make this step. And it went worse after the 1989 and 1991. Nationalism has not been balanced, and yet any balance turned out to be perceived as harmful yet instead of finding a solution to this agony, blasphemous categories are enlisted by the democrats for the sake of democratization a bit quickly. Isolating someone has been endorsed as a norm which was the characteristic of his period, and i have to emphasize that it was quite an example of online radicalization, either in the name of a religion or so-called democratization. Online radicalization is the very essence of today's populism in any parties of the politics and it shouldn't necessarily be extremism like including violence (although defamation is quite widespread).
Nepotism have become a reasonable trait of the status quo as to enforce the ongoing order of things, which was once needed only for the good and nothing but the good, which then required many necessities as well as things quite observed in anti-democratic countries and with the absence of a political settlement within the wider population as the majority are usually more tend to serve the reality to effect the political decisions this tension was then "released" by employing "the politics", wether right or left, democrat or anti-democrat whereas the controversies of the system or society were then obscured in the name of "different perspectives".
Populism as to consolidate masses of people as majority is anyway may help to protection of the status quo. I won't make a general statement about the status quo like marx once did a long time ago but it can be good or bad but it is very often in countries like Turkey can not meet the demands of such a huge country and from that point any urgent solution to the inefficencies are obligatorily has to be within anti-democratic ways as the status quo has no constitutional reference.
It is sadly true that whenever RTE cites the nation, our nation he refers to the status quo, equivocally.
That was why i and people like me been in a very difficult circumstances to remind the society about the democracy and figure out its relation to the Rule of Law and democracy.
There is not embarrassment at all.
Nepotism can only be useful at the beginning but later as a place with different dynamics, like the press, as to be part of democracy but in itself having different axioms both to benefit from the social demand and yet employing it for various reasons, in itself the most observed way of survival for the figures is the chicken feeds such as both using the propagandist nature of the press and various stigmatization of some wrecked others.
Already frustrated proposal for the essence of journalistic work 5w 1h is not only exhausted but transformed and even instrumentalised.
Nepotism have become a reasonable trait of the status quo as to enforce the ongoing order of things, which was once needed only for the good and nothing but the good, which then required many necessities as well as things quite observed in anti-democratic countries and with the absence of a political settlement within the wider population as the majority are usually more tend to serve the reality to effect the political decisions this tension was then "released" by employing "the politics", wether right or left, democrat or anti-democrat whereas the controversies of the system or society were then obscured in the name of "different perspectives".
Populism as to consolidate masses of people as majority is anyway may help to protection of the status quo. I won't make a general statement about the status quo like marx once did a long time ago but it can be good or bad but it is very often in countries like Turkey can not meet the demands of such a huge country and from that point any urgent solution to the inefficencies are obligatorily has to be within anti-democratic ways as the status quo has no constitutional reference.
It is sadly true that whenever RTE cites the nation, our nation he refers to the status quo, equivocally.
That was why i and people like me been in a very difficult circumstances to remind the society about the democracy and figure out its relation to the Rule of Law and democracy.
There is not embarrassment at all.
Nepotism can only be useful at the beginning but later as a place with different dynamics, like the press, as to be part of democracy but in itself having different axioms both to benefit from the social demand and yet employing it for various reasons, in itself the most observed way of survival for the figures is the chicken feeds such as both using the propagandist nature of the press and various stigmatization of some wrecked others.
Already frustrated proposal for the essence of journalistic work 5w 1h is not only exhausted but transformed and even instrumentalised.
Tuesday, 16 January 2018
Politics and Law - Ergenekon or "Authentic Modern Exodus" - History, politics and violations to the separation of Powers
Postal stamps printed in the 1930s.
Here in this blog I've seen the very important need to reexamin the cases that Turkey's political and judicial institutes as well as the public been through in the last decade, such as those related the armed forces, terrorist organizations, abuse / misuse of power etc.
These cases like Ergenekon is very much impossible to understand looking within a contemporary framework of law. Complicated penal procedures with impossible to comprehend evidences and jailing of the security and armed forces officials without just information to the public of the reason, kind of a propagation to the public of the end of the primacy of law in Turkey as well as giving an opinion like from now on you live in an occupied land: as the general staff etc. were put in the prison.
In this essay I want to first define what was Ergenekon and how a folkloric myth was somehow named for a case aiming to trial a group of people of planning a military coup so committing a crime against the State as a terrorist act.
Ergenekon apart from its so-called Turkic origins is actually has one important significance as a folkloric or national myth that is the blacksmith which I have also observed in the Indo-European tribes as well as symbolizing the era of the human history giving shape to the iron and using it for various needs, which also dates back to the ancient era in different civilizations.
The folkloric narrative, Ergenekon as a national tale in one sense, is a story of finding a way, or escape in different versions it is the escape from the Chinese imperialism or poverty etc.
There is a similarity we see between the Moses exiting from the Egypt in the Book of Exodus which is symbolising the tyranny towards his people and there is an important part of which he is singing while exiting which may be interpreted as finding his/her own voice for it is a person or nation while being on the road, also.
Such tales like Ergenekon is actually symbolizing, in the modern age, also with the national movements, of exiting the poverty or being underdeveloped through not as the symbol indicates by shaping the iron but moreover by the industry, or industrialization.
But such is also requires some other qualifications for the nations as industrialization is a difficult thing and the promotion for the exercise of body for a better physical strength by the State is one of the facet of it, which is lately criticised as being a militaristic culture jeopardizing the right and freedom of the individual.
Turkey was so much ignorant as a whole that during that time of the Ergenekon cases: Russia (as being the weakest of the Indo-Europeans) and Tatars (As being the least likened of the Turkics in Turkey) has also been stigmatized for being related to the Ergenekonism (Ergenekonculuk) semantically meaning unable to be part of a modern democratic culture but apt to remain in a primitif state of humanity being so close to the animosity towards different thoughts and cultures so being close to the military.
As being a Roumelian, Crimean Tatar and a White Russian, I think of there are rights and freedoms of mine violated during that period of Turkey, but whatever.
In Turkey, anti-democratic sentiments, anomosity towards different cultures and nations, praising of the traits belonging to the primitif state of human especially for the relation between the men and the women was really the case when I was young I remember well. Aggression and violence was an important cult either in the right or the left politics.
But these were important but different subjects had to be discussed apart from the violation to the separation of powers.
A working hypothesis is being developed concerning the major question of anti-Semitism in modern Europe and the gradation of the phenomenon from the most virulent forms in Central and Eastern Europe to its minimal expression South-eastern Europe (Serbia, Bulgaria and Greece). A first impression which requires much research verification, is that the ideological basis of organized state and para-state anti-Semitism rests on prototypes provided by societies with strongly entrenched ancient régimes. Although the Nazi extermination program required the efficiency of a modern totalitarian state, the source from which Nazism, Fascism, the Iron Guard, the Utasha, and the Arrow Cross drew their inspiration was the principle of every individual being predestined to a particular station in life --all alien to the Enlightenement and liberal middle-class thinking.Also in the book of the William Hale and Ergün Özbudun "Islamism, Democracy and Liberalism in Turkey: The Case of the AKP": it is debated that (also with the contributions of Gareth Jenkins) that the Ergenekon case period was somewhat related to the period in the 1990s termed as the "Dirty War in the East" (or Doksanlar, in Turkish).
Alex Kitroeff, Athens:1995
Whatever it was, those who were jailed in my opinion have abused the values of the Turkish Republic and Mustafa Kemal Atatürk so much that even it was told among the public "They're jailing who are in favor of Atatürk". For a certain part of the Turkish intellectuals it was very well known that what was going on had also a "political" aspect and those in power were trying to eliminate their political adversaries those who don't share the same thoughts and avoid making compromise.
But such a contention and clash should NEVER AND EVER have instrumentalised the fundamental values of the Turkish Republic, Mustafa Kemal Atatürk, Democracy, Primacy of the Law, The Rule of Law, Independence of the Judges, Independence of the Courts.
Tuesday, 26 September 2017
UK: Review of investigatory powers and their regulation
(1) The Secretary of State must appoint the independent reviewer of terrorism legislation to review the operation and regulation of investigatory powers.
(2) The independent reviewer must, in particular, consider—
(a) current and future threats to the United Kingdom,
(b) the capabilities needed to combat those threats,
(c) safeguards to protect privacy,
(d) the challenges of changing technologies,
(e) issues relating to transparency and oversight,
(f) the effectiveness of existing legislation (including its proportionality) and the case for new or amending legislation.
(3) The independent reviewer must, so far as reasonably practicable, complete the review before 1 May 2015.
(4) The independent reviewer must send to the Prime Minister a report on the outcome of the review as soon as reasonably practicable after completing the review.
(5) On receiving a report under subsection (4), the Prime Minister must lay a copy of it before Parliament together with a statement as to whether any matter has been excluded from that copy under subsection (6).
(6) If it appears to the Prime Minister that the publication of any matter in a report under subsection (4) would be contrary to the public interest or prejudicial to national security, the Prime Minister may exclude the matter from the copy of the report laid before Parliament.
(7) The Secretary of State may pay to the independent reviewer—
(a) expenses incurred in carrying out the functions of the independent reviewer under this section, and
(b) such allowances as the Secretary of State determines.
(8) In this section “the independent reviewer of terrorism legislation” means the person appointed under section 36(1) of the Terrorism Act 2006 (and “independent reviewer” is to be read accordingly).
Subsection: Review of investigatory powers and their regulation
http://www.legislation.gov.uk/ukpga/2014/27/section/7/enacted
Data Retention and Investigatory Powers Act 2014
http://www.legislation.gov.uk/ukpga/2014/27/crossheading/investigatory-powers/enacted
(2) The independent reviewer must, in particular, consider—
(a) current and future threats to the United Kingdom,
(b) the capabilities needed to combat those threats,
(c) safeguards to protect privacy,
(d) the challenges of changing technologies,
(e) issues relating to transparency and oversight,
(f) the effectiveness of existing legislation (including its proportionality) and the case for new or amending legislation.
(3) The independent reviewer must, so far as reasonably practicable, complete the review before 1 May 2015.
(4) The independent reviewer must send to the Prime Minister a report on the outcome of the review as soon as reasonably practicable after completing the review.
(5) On receiving a report under subsection (4), the Prime Minister must lay a copy of it before Parliament together with a statement as to whether any matter has been excluded from that copy under subsection (6).
(6) If it appears to the Prime Minister that the publication of any matter in a report under subsection (4) would be contrary to the public interest or prejudicial to national security, the Prime Minister may exclude the matter from the copy of the report laid before Parliament.
(7) The Secretary of State may pay to the independent reviewer—
(a) expenses incurred in carrying out the functions of the independent reviewer under this section, and
(b) such allowances as the Secretary of State determines.
(8) In this section “the independent reviewer of terrorism legislation” means the person appointed under section 36(1) of the Terrorism Act 2006 (and “independent reviewer” is to be read accordingly).
Subsection: Review of investigatory powers and their regulation
http://www.legislation.gov.uk/ukpga/2014/27/section/7/enacted
Data Retention and Investigatory Powers Act 2014
http://www.legislation.gov.uk/ukpga/2014/27/crossheading/investigatory-powers/enacted
Saturday, 23 September 2017
Modern (Cyber) Slavery: Data Protection and its derivative employments
New terms and concepts are in need to better describe and depict consequences of the violation of the Rule of Law. As George Vedel had also took the attention:
"Furthermore, totalitarianism does not consist only in the concentration of all political power (directly or indirectly) in the same hands (man or party), but also in the fact that the political authorities claim to control all aspects of the individual's life: his upbringing, his intellectual training, his beliefs, his work, his leisure, his private life, etc.
The struggle against totalitarianism therefore implies another series of "separations": separation of State and private life; separation of State and religion or beliefs in the broadest sense; separation of State and work."
Along with "political authorities" comes new notions to be anticipated within the law, legislation consequently of the cyber issues brought to the contemporary age which also requires not only textual laws but concepts to be comprehended by the judiciaries.
- post-cyberage feudalsim
- feudal totalitarianism / terrorism
- diverse totalitarianism / terrorism
- illegal / unpermitted offences through illegal accession of datas totalitarianism / terrorism
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