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Accommodating Security Imperatives v. Protecting Fundamental Rights

The Challenge of States of Emergency in the Context of Countering Terrorism in Turkey

Emre Turkut

This article seeks to illuminate the use of exceptional national security and emergency powers in the fight against terrorism in Turkey. The article is organized in four parts. Section i looks at the role of terrorism in the activation and justification of a state of emergency and introduces the Turkish case within this context. Section ii explores the historical origins of the Turkish state of emergency regime and analyses the principles regulating emergency regime at the Turkish domestic level. Section iii examines the operation of governmental emergency powers by providing an analysis of the state of emergency practices in Turkey, both past and present. A principal focus is necessarily directed at the state of emergency and the measures deployed within this framework in Turkey’s predominantly Kurdish southeast, where emergency rule was in force from 1987 to 2002, and the recent nationwide state of emergency in the wake of the 15 July attempted coup. Section iv presents concluding remarks.

Chiara Favilli

The osce commitments agreed during several meetings held in the past years address economic, political and social aspects of migration. As far as Italy, while the national legal framework is almost in line with international standards, the adoption of practical measures, their implementation and the promotion of projects prove difficult. Moreover, the increased exposure that Italy faces as a country lying on the external maritime border of the European Union makes it more difficult to manage migration flows via the sea.

The Breakdown of State-building: From the Nation to Radicalisation

The Security Aspects of Exclusion and Identity Formation

Peter Knoope and Saré Knoope

This article attempts to explore the nexus between exclusionary state-building practices, inter-ethnic relations and Violent Extremism and Radicalisation that Lead to Terrorism (verlt). The current focus on individual trajectories has left the social context in which individuals radicalise underexplored. By taking a birds-eye view, this article aims to untangle the ways in which particular historic conditions and perceptions of discrimination and marginalisation following state-building practices feed specifically into the radicalisation of minority communities. Following a comparison between state-building practices in Turkey, China and Spain and the impact on Kurdish, Uyghur and Basque identity construction respectively, the authors argue that the failure to include minority groups into the identity of the state is one of the key reasons for the politicisation of minority identities. This implies the need for inclusionary policies as a response to verlt. It is exactly through the promotion, facilitation and execution of inclusive policies that the osce can make an important contribution.

Els De Busser

Any crime could generate digital evidence. That is a reality law enforcement authorities across the world need to face. The volatile and “unterritorial” nature of the evidence means that international cooperation in criminal matters is confronted with new questions. One of these questions is whether the traditional cooperation mechanism, mutual legal assistance, is a viable way of working. Due to its time-consuming and cumbersome functioning combined with the lack of a faster alternative, countries have developed unilateral and extraterritorial methods of evidence gathering. This paper zooms in on this development and the risks it entails.

E.T. Phoned Home…They Know

The Extraterritorial Application of Human Rights Treaties in the Context of Foreign Surveillance

Holly Huxtable

The rationale behind the applicability of human rights treaties to foreign surveillance is the subject of debate. Presented with the opportunity to weigh in on this issue in the case of Big Brother Watch and Others v The United Kingdom, the European Court of Human Rights simply assumed (and rightly so) that the European Convention on Human Rights applies, providing no further reasoning. This article explores the challenges that arise with establishing jurisdiction over foreign surveillance under human rights treaties, and argues for an alternative base for extraterritorial jurisdiction grounded in the moral and theoretical principles underlying the human rights regime.

Human Rights and Climate Change

Protecting the Right to Life of Individuals of Present and Future Generations

Julie H. Albers

This article explores the opportunities to use international human rights law to protect one’s right to life against the effects of climate change. It discusses four legal avenues: greening the existing human rights paradigm, formulating a new substantive right to the environment, public interest litigation and intergenerational justice. This is illustrated with case law from the European Court of Human Rights and various national jurisdictions. The main finding is that the human rights system should become more open towards public interest litigation and intergenerational justice, complemented by a broadening of the standing requirements.

Alexey L. Lyzhenkov

Organized crime, along with terrorism, drugs, corruption and cyber-crime remain among the most significant threats to security and co-operation in the osce region. What has been achieved over these years and what else still needs to be done to ensure that organized crime does not hinder sustainable economic and social development in the area from Vancouver to Vladivostok?

To effectively defend the human rights of 1.2 billion people living in the region, the osce has to review its anti-crime toolbox from time to time, to strengthen its co-operation with other interested partners and to develop new mechanisms of co-operation among its 57 participating States. This article will focus on the ongoing efforts by the osce to combat organized crime through police co-operation.

Tofig F. Musayev and Rovshan Sadigbayli

The article reviews the purposes and principles of the u.n. Charter in light of persistent claims voiced in the context of protracted conflicts in the osce area that the principle of self-determination allegedly grants the right to unilateral secession. The drafting history of the Charter indicate that States did not recognise a right to unilateral secession of a part of population of a State as a means of exercising self-determination. Subsequent development of this principle in law and in practice in the decades after the adoption of the Charter to a large extent has been shaped by the original ideas and understanding that went into the Charter. Invalidation at the international level of secessionist claims and actions, collective non-recognition of the resulting situations and abstention from aid or assistance that contributes to their consolidation are among legal and political consequences that have been applied and need to be consistently maintained with regard to the protracted conflicts in the osce area and their settlement processes.

Francesca Capone

Violence against women (vaw) represents a phenomenon that over the past decade has reached an unprecedented level in Italy. As a result this topic has been included amongst the key issues addressed by the Independent Evaluation Report on the occasion of the Italian osce Chairmanship 2018. Relying and building on the study conducted by this author in order to contribute to the Report, the present article provides an overview of the key findings of the research, discussing how and to what extent Italy’s approach is in line with the osce commitments on vaw. This article aims at pointing out existing weaknesses and strengths of the Italian legal and policy framework as well as at identifying possible ways forward to bolster Italy’s compliance with the osce commitments and the existing international and regional standards.