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After violent attempted coup, Turkish authorities must strengthen, not weaken, rule of law and independence of judiciary, says ODIHR Director Link

WARSAW, 21 July 2016 - Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), today underlined that the principles of rule of law, democracy and respect for human rights need to be upheld in Turkey, following the attempted coup.

“Any attempt to overthrow democratically elected leaders is unacceptable and is to be condemned. In responding to these unconstitutional events, however, all actions by the Turkish authorities must not exceed the legal framework of the Turkish Constitution and Turkey's international human right commitments,” said Director Link. “In investigating these events and holding responsible those who have attempted the coup, the authorities must ensure that human rights standards, due process, fair trial rights and respect for the independence of the judiciary are respected. Talk by authorities of a possible reintroduction of the death penalty and the summary firing of thousands of judges are clearly crossing the line of existing legal standards."

The ODIHR Director’s statement follows reports that thousands of judges and prosecutors across the country were detained, arrested or dismissed from their positions immediately after the failed coup attempt.

“These actions raise serious concerns regarding the Turkish authorities' respect for the rule of law and the independence of the judiciary. Also the newly announced three-month state of emergency cannot legitimize disproportional measures, such as, among many others, the recently announced work-travel ban on academics,” Director Link said.

At the OSCE summit in Istanbul in 1999, OSCE participating States agreed to promote the development of independent judicial systems. This principle is further stressed in other OSCE commitments that call upon participating States to respect judges’ freedom of expression and association, guaranteed tenure and appropriate conditions of service, and the discipline, suspension and removal of judges according to law.

“ODIHR is ready to offer any assistance to Turkey in this challenging moment. Putting those who attempted the violent coup on trial is crucial,” said Director Link. “ODIHR is available to monitor these trials, in line with its existing and proven methodology. A Turkish invitation to the OSCE to monitor these trials would demonstrate Turkey's compliance with international standards, even in times of a state of emergency.”

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China is attempting a precarious balancing act

China is attempting a precarious balancing act Expert comment NCapeling 9 March 2023

In its efforts to maintain ties with both Russia and Europe, China is having to wade through conflicting interests and rapidly changing sentiments.

Precisely how far China will go in supporting Russia has been one of the most important questions of the war in Ukraine.

On 20 February, US secretary of state Antony Blinken warned China may soon provide arms (‘lethal support’) to Moscow. But then, on 24 February – the anniversary of Russia’s invasion – China released a position paper calling for a political settlement to end the conflict, tellingly omitting any mention of its ‘no-limits partnership’ with Russia.

China’s goal was to present itself as a neutral mediator. In fact, Beijing’s ties with Russia remain unchanged, even if this relationship has grown more exasperating for Chinese diplomats over the past year.

Their job is to continue striking a delicate balance, a task that is becoming increasingly difficult as Russian president Vladimir Putin doubles down on nuclear brinkmanship and reckless rhetoric.

Staying out of the Ukraine war

With Putin extolling the law of the jungle in its most brutal form, China must be careful not to involve itself too much in the conflict. After all, Russia is clearly losing, and China has high hopes of repairing ties with major European economies.

With China focused on moves by the US and its allies in East Asia and the Indo-Pacific, it simply cannot afford sabre-rattling or unrest on its other borders

But Putin is of course keen to signal that China has his back. That is why he recently rolled out the red carpet for China’s top diplomat Wang Yi and then alluded to an (unconfirmed) upcoming visit by Chinese president Xi Jinping.

Such diplomatic developments allow him to present China’s ambivalent position as, in fact, an endorsement of the invasion. While the costs of aligning with Russia could easily outweigh the benefits for China, one must remember that China’s reasons for maintaining good relations with the Kremlin go beyond the war in Ukraine.

For starters, the two countries share a 2,672-mile (4,300-kilometer) border – roughly equivalent to the width of Europe – and the frontier’s exact location was not even finally settled until the beginning of this century, after generations of negotiations that included some 2,000 meetings.

Yet to this day, the spectre of the Sino-Soviet split in the 1950s and 1960s looms large on both sides and it is not likely to be exorcised anytime soon. With China focused on moves by the US and its allies in East Asia and the Indo-Pacific, it simply cannot afford sabre-rattling or unrest on its other borders.

Moreover, unlike the collective West, China’s foreign policy has always been shaped by interests rather than by values. Even with respect to Russia, the two countries’ bond is based mainly on shared resentment of US hegemony. By deepening their bilateral cooperation in recent years, they have been able to achieve a level of great-power status with which to counterbalance America.

Being isolated from the ‘collective West’ is not an attractive option for China, given its hopes of achieving a robust economic rebound after years of the zero-COVID policy

But Putin’s misadventure in Ukraine has forced Xi and China’s newly minted Politburo to manage a new set of economic, financial, and political risks.

Russia’s war has left the West more firmly united than it has been in years. As China’s relations with the US have reached new lows, Chinese leaders want to avoid also alienating the European Union (EU), which is one of the country’s biggest trading partners.

This is why Xi and Chinese diplomats have been so careful not to accept the Kremlin’s talking points in full. Being isolated from the ‘collective West’ is not an attractive option for China, given its hopes of achieving a robust economic rebound after years of the zero-COVID policy.

Balancing Europe with the Global South

In seeking to keep diplomatic and trade channels open, China’s main tactic has been to reassure European countries that it will use its own ties with Russia to restrain Putin from deploying nuclear weapons.

At the same time, China is making a renewed push to strengthen its ties with the Global South where many countries do not see the war in Ukraine in the same stark moral terms as the West does.

The emphasis on energy and food security in China’s recent position paper may have struck a chord with developing countries that have been reeling from the war’s negative knock-on effects on their economies.




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