Interim Report of 15th July” 2013
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Political Stability Index (PSI)
Reference: 130250
Reference: In order; 130230 reference-28.02.2013 dated, 130235 reference-18.04.2013 dated, 130240 reference numbered
and 22.05.2013 dated “Corridor Architecture of PKK Retreating I-II-III” titled interim reports with again in order;
20.10.2011 and 27.06.2012 dated “Possible Deployment of The Territorial Army in Eastern and South Eastern
Anatolia I-II” information transfers
“Turkish Version of Posse Comitatus”
‘Posse Comitatus’ (1878) is an act which forbids the US Armed Forces from being
deployed on the US territory to enforce laws its own people It is still in effect except for a
couple of updates and changes allowing intervention during natural disasters. If the regulations
approved by the Turkish Parliament are put into effect under certain terms, the “Turkish
version of Posse Comitatus” will be put into practice.
The expressions above are not used allegorically, but intentionally due to substantial
similarity to the circumstances in the USA after the Civil War. Although the law has not been
enacted yet, it is strongly expected that President Gul will approve of this update on the
original Act of The Turkish Armed Forces. However, with a few minor exceptions, the media
and the public opinion seem to have turned a deaf ear on such a significant development, first
of its kind in the history of the Turkish Armed Forces.
Abraham Lincoln’s term of office prepared the circumstances for a civil war in the
Federal States of America, as a result of which the divided lands united and earned the
reputation as ‘the land of the free’. Lincoln and his followers made America a free country
not through proper agreements and clear targets but through political strategies. First, Lincoln
persuaded the Congress to pass the bill which provided exceptional powers in a civil war
environment. Lincoln, then, regarded backing slavery as the violation of the law and imposed
severe penalties in case of violations of the same law which he and his cabinet put into effect.
Following the Civil War came the Reconstruction Period (1867-1877) and ‘The Act of Posse
Comitatus’ to never again experience the same malice cause by the two armies of the same
nation as during the Civil War.
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Posse Comitatus was a crucial development that restricted the powers of the Federal
State and played a fundamental role for the establishment of a political environment that would
compensate for the losses caused by the defeat of the pro-slavery Southerners. Upon seeing the
North’s restricted order of power in using the regular army and reconciliation process
throughout the country, the South did not break away from the Union and agreed to join the
Reconstruction Process. As for Turkey, a similar process is under way.
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Interim Report of 15th July” 2013
Previous Order: C) “GENERAL DUTIES” Article 35 – The duty of the Armed Forces
is to protect and safeguard the Turkish homeland and the Turkish Republic as stipulated by the
Constitution. New Order: Article 16-Article 35 of the Law, #211 (Turkish Armed Forces
Internal Service Law) has been amended as the following. “ARTICLE 35-The duty of the Armed
Forces is to defend Turkish homeland against external threats and dangers and maintain and strengthen
military forces for such purpose, perform the duties abroad as assigned by the Turkish Grand National
Assembly and help establishment of international peace.
In assessing the previous regulation under its heading, it can be observed that it
provides extensive powers for the Turkish Armed Forces. Since the recent regulation has been
structured as ‘numerus clausus’ by legal technique; Turkish Armed Forces shall not have any
powers except for those specified by the new regulation. The new order suggests abolishing
totally the use of Armed Forces against internal threats. The power and responsibility of the
Turkish Armed Forces in assuming to undertake ‘national defense’ against internal threats have
been taken away.
Moreover, in exceptional circumstances, military deployment will be restricted
indirectly, stipulated by the related articles of the Constitution. In the event of social unrest,
turmoil or upraises, the Army will not intervene. When the law is enacted, the Turkish state
will gain a status by which the maneuverability of the Armed Forces within the borders will be
restricted, which is highly critical in a country where the process of democratization may be
halted any time by hardliners. In addition, the change in the structure of the Turkish Armed
Forces from procurements to human resources planning will become a minor issue from the
political aspect. However, it should be noted that the conscription process forms the basis for a
powerful army.
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What is the political value of limiting and weakening the power of the Turkish
Armed Forces against current internal threats stemming from PKK’s aim of supremacy in
Southeastern Anatolia? Seemingly, the governing party has aimed to change the order of
deployment and shifted the use of power to the National Intelligence Agency (NIA) during
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Principally, the updated law will weaken, the Turkish Armed Forces and disable it
against internal threats when it is approved by President Gül and put into practice. Of course,
using The Armed Force against a country’s own nation within the borders is not acceptable.
However, the case in Turkey has no resemblance to other cases around the world. Justice and
Development Party and its leadership have put fundamental principles of the policy into
practice by enacting the law in question. Turkish Armed Forces have been returned to their
original function, defending the country against a potential external threat. On the other hand,
the use of power in terms of defense and on-going security issues within the country have been
transferred to the Cabinet (Article 14 in the recent law) and will be enforce by a special Police
Force. Therefore, the underlying policy and special aims of such an Act should be analyzed.
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Interim Report of 15th July” 2013
the Ocalan peace process by limiting the power of the Turkish Armed Forces against internal
threats. As a result of deployment and assignment of land forces only to the borders, the use of
power of the land forces has been transferred to the Cabinet. It should be kept in mind that
there are two army corpses and eleven brigades functioning at present (two of which are from
outside the region), which doesn’t mean much, when the importance of the region is taken into
consideration.
The gap created especially in Diyarbakir; from the north of the city-Tigris-right bank
of Kral Kızı Dam- to the east to the south of Bingöl; the south of Genç Dağları to Mus (HaniLice-Kulp, towards North East-North) is of critical importance. Due to the limited powers of
the army, the lines between 7th Army Corps (Diyarbakir) and 8th Army Corps (Elazığ) are
interrupted. Moreover, access to the Northern axis, to the South of the 9th Army Corps
(Erzurum) over Mus Plateau is at risk.
In this triangle, the profile of the civilians is critical. The people in the region which
is relatively densely populated are in cooperation with the PKK in terms of activities in rural
areas. The lack of contact between the army forces, where PKK has got field dominance with
the help of power gained by obtaining the support of the public in the area resulting from the
previous civilian losses may affect the military balances.
At first sight, the limited deployment and mobility of the land forces at the borders
and other regions seem to have provided sufficient advantage to the military bureaucracy. As
for Şemdinli-Çukurca, the limited intervention capacity of the military and the difficulty of
controlling the civilians living in hamlets throughout the region helping PKK has accelerated
PKK’s preparations concerning a challenge in Autumn in the mentioned triangle.
Political systems struggling against ethnical and political violence should practice
democratization and bureaucratic intervention in accordance with each other. As Prime
Minister Erdogan has personally stated, give and take is not an applicable issue in governing a
state. It should be kept in mind that the prevailing perception by the local community was
“When PKK retreats, the army will retreat from the region” as we have stated in our interim
reports on Corridor Architecture of PKK Retreating.
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Yours Sincerely,
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As in the case of the ‘Reconstruction Period’ in the new USA, Justice and
Development Party and its leadership seem to assume the power to change the order of
deployment of the land forces in the region in order to meet the political demands of the
Kurdish nation and restore peace. In the USA, the South remained in the UNİON only
through Posse Comitatus. Now, theTurkish version of Posse Comitatus has been activated.
We hope that the region does not turn into a ‘Bermuda Triangle’ for the Turkish Land Forces.
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Interim Report of 15th July” 2013
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