Ihsan BAL (MA, Ph D)
Turkish Police Academy
Introduction
This study aims at unfolding the balance between ethics and national
security and the role of the police in terms of this balance. In this
context, especially the concepts of democracy, supremacy of law,
freedoms and national security shall be elaborated they shall be
explained in terms of security ethics. Whether the arguments set forth
in written texts coincide with real life is another framework that this
study intends disclose. Because, one of the arguments that come forward
most frequently is that “real life is different than the one specified
in books”. However, one should remember that our references in deciding
what the true or wrong is or may be are shaped in accordance with the
criteria in written texts.
In this context, there emerges the necessity of an agreed-upon police
ethics that reflects common standards and the security ethics in
general. These consensus values shall be detailed in the second and
third sections of this study. Another question that this article shall
discuss is how to assess the accuracy and legitimacy of the instruments
used for attaining the intended purpose or conclusion with concerns of
national security. In other words, could the welcome and important
purpose legitimize instruments? Ethical and moral values shall not be
dealt with in this study as are clearly discussed in the other articles
of this research. What shall be discussed here are abiding by ethical
and moral values, engagement of these values in professional life and
the standards that ethical values bring to security services as well as
the shortcomings. The study shall further put forward suggestions
pertaining to the junction point of national security, anti-terror and
ethics.
Ethics: The Police and Fighting Against Terror
In its struggle against terror, the police fights with organizational
militants that display behaviors other than those of normal criminals.
Therefore, laws that render more power to anti-terror security forces
are regulated in various countries including Turkey. It is difficult to
use these powers rendered to the police in anti-terror practices and
operations within the boundaries of law and considering ethical rules.
Because, it is extremely hard for the police to keep their composure,
self-confidence and stay within the boundaries of law in situations of
panic, anxiety and tension caused by terror acts. A high level of
training, knowledge and technological back-up are required to overcome
these hardships. Because, it is important in anti-terror to project
long-term and constant achievements rather than short-term ones.
The anti-terror police have to be far better equipped than their
colleagues in other fields in order to prevent terror and provide a
successful fight against terrorism. These features provide for
professional implementation of our jobs within the framework of the
demands and requirements of public and within the boundaries of law.
The main equipment of the police that provide security service requires
the practice of profession considering ethical and moral values. The
most significant point here is that the ethical and moral values of the
security forces coincide with those of the public.
Fight against terror by preserving the basic values (ethics, morals,
law, democracy and pluralism) are important. Achieving common points in
the future depends on the fact that the actual struggle does not add to
discrimination. What is important is to keep away from practices that
will wrongfully display right or helpless these organizations that make
use of ideological structures in their propaganda, which could be
probable by strictly adhering to ethical values (Koh, 2002: 150).
Huge terror brutalities increase the tension in the society. Various
communities and especially the public expect the implementation of
rapid and tough security policies by the state. In such cases of shock
and anger, some may expect deviation from the law, but the laws, rules,
democratic institutions and relevant decision making mechanisms are
established within the course of many years. The implementation of
measures should never neglect the said institutionalization and balance
that come up as a result of the accumulation of long periods of time.
Because such policies that are to be implemented at hard times are also
the times at which the soundness of this accumulation is tested.
Even at hardest times, we should opt for the legally applicable
practices for ensuring security (Koh, 2002: 153. Practices that are in
accordance with laws and their contents not only legalize security
officials but also legitimize them. This adds to our esteem in terms of
ethical and moral values and provides support by different social
groups that have differing opinions.
Economy, social arrangements, education, health and regulations in
other fields should not be overlooked in the fight against terror.
Because, new terrorists should not emerge in order that the terrorists
could be eliminated or minimized in number and in order that the
efforts by the security forces could prove successful.
The Place of Ethics and Moral in the Balance of Security and Freedoms.
How can we make Use of the European Code of Police Ethics?
As explained above, preserving national security in the country and the
right to live which is of individuals’ prior rights is a difficult task
that professionals providing security services encounter. People need
more security and confidence in situations of confusion, shock and
panic. Security officials are subject to more burden and responsibility
due to this extra expectation. The haste and responsibility to meet
that expectation sometimes are perceived as a necessity to make a
choice between security and freedoms. There have been many such
experiences in the past. One of the most striking examples was the
transfer of the United Kingdom Army to Northern Ireland in 1969 in
order to prevent the terror events between Protestants and Catholics in
the region. It is believed that the army used excessive power and
deviated from law to ensure security and practiced discrimination
against Catholics and that this attitude was efficient in the ongoing
tension in the region (Mc Grath 1990).
The Police have to be more knowledgeable, skilled, well-equipped and
cold-blooded, especially at times when terror acts take place in order
to meet the expectations by the public. Because, any wrong and hurried
practices historically track public security institutions. In such
cases, security officials can not bring pretexts alleging what had been
done had been done since the public wanted that way. Because, any
wrongdoings are perceived institutionally and has the risk of being
used as propaganda against the state. Thus, practices based on
standards of consensus should be put forward and due security services
should be provided. The true that shall be practiced should not be
numerous but one that is agreed upon as a result of long efforts.
The “Police Ethics Regulations” co-prepared by the police of the
European Council to which Turkey is a member put forward the common
values that should guide the common purposes of the police. Such key
concepts as commitment, approval, impartiality, power of decision
making and professionalism come forward as a result of the share of
common knowledge and resulting common understanding (Cerrah, Eryılmaz,
2002: 27). For instance, Article 35 of these Regulations states that
“on no condition, the police shall practice, lead to practice or
tolerate any sort of torture or any inhumane or humiliating treatments
or punishments” (Cerrah, Eryılmaz, 2002: 73).
Does it bring harm or benefit if the police and terror police in
special abide by the above statement in their fight against crimes that
threaten national security? Let us first discuss the possibility of
harm. For instance, we have caught a suspect or more. We assume, hope
or are almost sure that they have important information. It will be
utter benefit to the security of the country in case we obtain the
information. The suspects do not provide information through normal
interrogation methods. So, there is no harm in applying force and
ill-treatment in order to meet the expectations of the public, protect
our state and contribute significantly to the national security. Or,
let us say it involves a little harm but considerable benefits. If we
apply force, it means that we have little information and evidence, we
are not well-prepared that we do not have the preliminary studies at
hand regarding the organization and that we are trying to reach a
conclusion through people whom we have captured and who we believe to
have committed the crime. If the result is positive, the outcome will
have been achieved through methods parallel to those of the people that
we struggle against and that we accuse of being terrorists, which means
neither us nor them do not recognize the law and ethical and moral
rules. This is a method that can not be legitimized since the state can
not use its power against its people.
The second method is to act in accordance with the code of ethics
stated above. Firstly, the police should beware that the result does
not come through the defendant. In this case, what should be done is to
be thoroughly professional, carry out the preliminary groundwork and
prosecution, stay up-to-date in terms of the developments in the field
of getting to the criminals and preventing crimes and to keep away from
laziness. An example of this method was the 1999 serial operations by
the police against Hezbollah terrorist organization. In this method,
the police base its destiny and achievement on its professional work.
When success comes, the result is a broad-based public support,
isolation of the organization and impairing of organizational backing.
Most importantly, there is no room left for arguments about practices
of the security officials. This is for the advantage of the state and
security forces in the long term. When an operation with this method
fails, it means that just the operation fails at all. We should
immediately search for the mistakes and refrain from similar ones in
the course of a new operation or practice.
The most important advantage that the second method brings is that
mistakes could be refrained and new alternatives could be developed.
Because, the minds of the security officials are open for creativity.
Many developments in the field of police practices (reaching criminals
through plants, preparing criminal profiles, rapid developments in
criminalistics, methods developed by crime psychologists etc.) are the
results of the second method. The first method only allows expertise in
force application methods, which makes public support and confidence
impossible.
Cerrah and Eryılmaz state the following when they assess this subject
in the explanations section of the “European Code of Ethics”;
The security forces’ objective to implement the principle of the state
of law includes two tasks which are totally different from but which
are related to one another. The first of these is to implement the laws
of the state put into effect in accordance with rules including
securing public calm. The other is to restrain from arbitrary practices
and not to exceed the determined powers, respecting individual rights
and freedoms. The state of law not only deals with what is being done
but also how it is being done as well. The security forces undertake
such a crucial role in preserving and implementing the supremacy of law
that the processing of democracy could be assessed by considering their
attitudes (2002: 29-30).
Using true methods for achieving objectives not only brings public
support to the police but makes it easier for them to justify their
practices before the law. Every police officer acts basically
considering the interests of his / her nation and citizens. In this
context, the reason of the police’s resorting to illegal attitudes may
be good will. This study argues that such security officials will be
more productive in case they abide by ethical rules. Because, the
police will be able to focus their skills on gathering evidence, bring
many crimes to light with the help of public support and feel more
powerful morally by preserving its legitimacy in its practices in case
they follow these rules.
We may test our above statements by looking at various articles of the
European Code of Police Ethics to which our country is a party also:
The police organization should be ready to provide the public with
correct and impartial information about the tasks it performs without
revealing secret information. It should prepare a directive that
regulates relations with the media (Article 19). The police should be
able to make logical decisions, be open-minded, mature, fair and have
good communicational skills and when required, leadership and
management skills. Besides, they should beware of the social culture
and problems (Article 23). The police and all the operations they carry
out should respect individual right to live (Article 34). The police
can only use power adequate to attain a legitimate objective when they
are obliged to do so (Article 36) (European Code of Police Profession,
2002; Cerrah and Eryılmaz, 2002).
First of all, accurate public information by the police adds to their
service productivity. It is a fact that information pollution and the
scenarios put forward by whisper papers make the task of security
forces even more difficult. When the police do not provide the public
first-hand with the necessary information, conspiracy theories that put
unjust blames on the police and state emerge as well the conspirators
obtain new opportunities, which result in the lack of realization of
the yearned for public - state convergence. Again, Article 23 of the
Code of Ethics recommends that the police know about their own society,
be open-minded, fair and mature and communicate with the society. This
could be possible with a good education and training provided to the
security officials and the said education and training should make sure
that the security officials know the social structures of people as
well as having skills for rapid decision making and leadership.
Policemen laden with such qualities will be more productive in terms of
ensuring individual and national security. Because, the police that are
aware of the social structure are more likely to prepare crime maps and
obtain criminal profiles. Such preliminary data facilitate the
conditions of the security officials that try to enlighten crimes
without applying force.
However, working productivity of the police can not be attained through
the efforts of policemen by themselves. Unfair accusations, working
conditions, payment imbalance and similar problems should be resolved
also. The European Code of Police Ethics makes recommendations on this
topic and stresses that ethics can not be limited to the behaviours of
the police and that factors that adversely affect these behaviours
should be eliminated (Article 33). It is clear that the police that act
in accordance with the above data need to be supported, appreciated and
defended by the society they protect. The thanks that will be given in
case a stolen car is found should be as loud as a complaint made in
case the police fail to find it. The same should apply in the case of
victims and criminals.
Another important aspect of implementing security ethics is equity
among security personnel in terms of material opportunities. Paying the
same price to those that carry out similar security tasks important in
terms of ethics and justice. Because, policemen do not compare their
incomes with those of other professions, however they do make
comparisons among officials that provide similar services. In case
emerging differences are to the disadvantage of one party or the other,
service productivity gets affected adversely. Security officials who
think they are not fairly treated can hardly be ethically impartial and
fair.
National Security and Ethics
Ensuring national security is one of the most important objectives of
common social interests. In addition, the supremacy of law and ethical
values comprises the common values of today’s security practices. In
other words, all are common social objectives that coincide with rather
than preventing one another.
Especially in periods when intensive terror acts take place, the
primary purpose of terrorists is to provoke security officials to apply
force and then to erode security forces with the pretext of these
practices while trying to terminate the public support behind them
(Bal, 2002). The extent of success of the terrorists in this strategy
is proportionate to the extent of unethical and illegal practices by
the security officials. Therefore, the panic-ridden operations for
national security that are anxiously carried out dispense with adequate
information give way to manipulations by terrorists. In such cases, the
number of the discontented may rise and organizations that want to find
new terrorists could make use of these unhappy people.
Another strategy of the terror organizations threatening national
security is reversing the democratic acquisitions and values in a
country and thereby declaring the governments illegitimate. Security
officials undertake crucial tasks on this subject. Terrorists like
narrow spaces for democracy and the best reaction to them is to sustain
the democratic values with calm practices by security officials,
seeking common sense. It is essential for democracy to place the
concept of national security within this framework. Because, while
terrorists know no ethics, morals or rules of law, the police of the
democratic system who defend these laws have to preserve their space.
Contrary behaviours and security policies mean that terror
organizations pull security forces back to their space and struggle
methods and this could eventually reverse the chain of values in the
country. Therefore, security officials that serve in democracies have
to remain within these values to attain achievements. Because, these
values are parts of a whole that complement one to another. It is
difficult to bring things to conclusion by dispensing with one or some
those values.
The most significant superiority of the police that take it as a task
to serve by abiding by ethical values is the moral values and leaving
no room for propaganda for the terrorists in terms of legitimacy. Only
in this way, terrorists and sympathy for terror in the long run could
be overcome. Because, the strategy of the police by working in
accordance with ethical values is evident of the fact that the police
perceives fight against terror not just as fighting duels with
terrorists but that they are also aware of the need of public
cooperation. As a result, the police shall strengthen its institutional
legitimacy as well as that of its system and state, through which he
will deliver the healthiest and most accurate service.
At times when security is threatened, it is important that security
officials do not see freedoms as a threat. Because, freedoms are
important in ensuring social solidarity and establishing a barrier
against the threats aiming at the country. As prominent thinker Karl
Popper puts it, the society agrees to sacrifice some of its freedoms to
the state and state officials and in return expect that more freedoms
shall be ensured. The state should act in accordance with this
consensus and social agreement for this social support to sustain. That
this consensus favours the state and especially the police is very
important for defending the system, state and society. Ethical values
make up an unavoidable part of this consensus.
Ethics, or rather security ethics, is important also in terms of
determining the security officials’ perception of threat. For example,
imagine there is a separatist terror organization in the country. The
most important manifesto of the organization will be to make sure that
the ethnic groups which it fights for separates and establishes a
separate identity. In order to make this happen, as in the PKK case, it
puts differences on the scene and argues that separatism is applied and
that the said ethnic groups should possess its own destiny in order to
eliminate separatism. In such cases, the security officials should
abide by ethical rules more than ever. Impartial and fair attitudes
shall prove the separatist arguments used by the terrorists as a means
of propaganda void, non-evident and unjust. Otherwise, broad threat
definitions will ensure terrorists to gain significant discontented
masses.
When we assess the issue in terms of national security and ethics, we
see that the security ethics is crucial in ensuring productivity,
rationality and the security - freedom balance in security services.
When we take the issue in the light of the arguments mentioned above,
it is clear that security forces need ethics for their own priority and
that security ethics is inevitable in professional terms.
Does the End Justify the Means?
The principle of the legitimacy of consequence and the methods that
lead to it has been discussed upon in the course of history and
especially since the French Revolution and no consensus has been
reached yet. For example, Robespierre who was one of the eminent
thinkers and defendants of the 1789 Revolution backed the oppressive
and illegal practices of the Jacobean class. Because, he thought
temporary use of force and deviation from the law were applicable
sometimes in order to attain such nice consequences as freedom,
equality and independence. That is, the Inquisition could be
unavoidable to get to the best consequence (Furet 1992: 101).
If the use of illegal, unethical and immoral methods to attain good and
high national interests is expressed as an acceptable attitude, no
arguments could be made against other groups in the society that will
do the same. Taking principles in the light of consequence and
discussing methods depending on consequences lead us to other
paradoxes. The emergence of Modern Age Terrorism and its philosophical
and ethical self-defense are closely related with the above principle.
History has witnessed a period at which Jacobeans reached consequences
by making use of oppression despite everything and any price to be paid
as well as witnessing the establishment of many terror organizations
using the same arguments. Terrorism theoretician Karl Heinzen states as
follows:
“If killing and torture are crimes, everybody should be prohibited from
doing them, or, if truth is the contrary, then it should again apply to
everyone. We do not deserve massacres or getting killed, however, our
enemies and opponents do not share these thoughts. And if they
legitimize killing us and even define that as a special task, we have
to resist that. Robespierre who legitimized the murder of thousands of
people for the benefit of humanity makes us more right than ever in
doing what we shall do” (Heinzen 1849: 54 - 55).
The consequence may have justified reasons and be very important.
However, if the methods used to reach that consequence are ignored,
every group put forward their own righteousness and try to justify the
illegal and illegitimate methods they use. The history of terrorism has
had many examples of this. Such definitions as the weapon of the weak
against the powerful, the struggle method of the oppressed against the
despots and war of the defenceless to tyrants are included in the
manifestos of terror organizations. All these discourses basically
stress the significance, holiness and sublimity of the target to be
attained, unfairness of the powers against which the fight will be made
and the efforts to justify the methods to be used.
But, the significance, priority and accuracy of the objective can not
justify the methods to be used. The manner of providing service is as
important as the objective to be attained with that service. Contrary
situations bring negligence of such concepts as morals, ethics and
supremacy of law and every group define truths according to their
priorities as a result. In that case, it will be impossible to talk
about universal legitimacy and consensus areas in the world and chaos
and anarchy will inevitably survive.
Could the police deviate from moral and ethical values in their
sanctions and the methods they use even for such important and right
reason as ensuring public security? If we say yes, then we will have
agreed to the reason below;
“Killing, lying and use of force are immoral and crimes of humanity if
they are obstacles to the workers and villagers on their way to
revolution, but, they are tolerable and acceptable if they help the
proletarian revolution and if they are determinant in reaching that
objective” (Cheka, in Klinig, 2001).
Cheka’s point of viewing in expressing and perceiving the Russian
worker revolution is based on determining what it true and what is
wrong according to the outcome. In this context, the security forces
and especially the police that provide security services to the society
have to abide by such common values as democracy, supremacy of law,
human rights and ethical and moral values. This responsibility is
especially important for the service they provide to be supported and
adopted by the public. Otherwise, it will be difficult and even
impossible to make a distinction between the use of force by the police
and a certain individual. Besides, the sanction power of the police
should be based on laws and legal principles. The power coming from the
law can only survive and continue to be legitimate in case it abides by
the law.
Consequently, the behaviours, practices and operations of security
forces can not be justified according to the hopes that the
consequences will help bring a better future and be useful for the
society. The consequence that is expected be reached can not legitimize
behaviours and practices. Although the behaviours and practices include
action - consequence relationships, they can not be legitimized in
accordance with the planned outcome (Pontora, in Kleinig 2001)
Conclusion
Common ethical values need to be determined in order that the security
officials could base their services and profession on a common
standard. The social status and dignity of the security forces rise
when they reflect these common ethical behaviours in their profession.
The resulting effect will be public confidence and support rather than
public fear against security officials. The security officials have to
conform to the law first in order to be convincing in these matters.
They must simply stop at red light.
One of the most significant acquisitions of the security officials that
are determined in conforming to the security ethics is that they will
feel sound in terms of moral values and comfortable against the
criticisms on themselves or their institutions. The security officials
that are in accord with the required ethical norms will face no
problems regarding the openness as necessitated by modern liberal
democracies, accounting for what they do and transparency. The frequent
accusations of “human rights violations” on the police and anti-terror
officials in special could be eliminated in case the police abide by
ethical rules to the extent that they make their works open to the
public and investigations.
The implementation of ethical rules means more successful
professionalism on behalf of the police. The police that fight
especially against crimes of quality, organized crimes and terror
crimes consider such phases as profiling these crime types, getting to
the criminal from traces and evidence and make use of information
technology very important. In this way, the risk of encountering
problems like excessive use of force will be eliminated at the very
beginning. The mistakes that the security officials are likely to make
on grounds of concerns about serving the country lead them to
difficulties before the public and law. The most efficient way to avoid
such circumstances is conforming to ethical rules.
One of the most significant arguments of this study is that abiding by
ethical rules cause no deficiencies in security services nor any
problems about national security. Because, rules are functional only
when they are implemented within the integrity of the system and thus
defended by the society. The system works, security is ensured and no
fear for freedom emerges to the extent everyone in the country defends
the system, rules, law and democracy rather than a single institution
or a group of priority.
When police ethics is defined in a way to include all security
officials, security ethics does not consist only of the security forces
in Turkey. The ethical codes involve all the member European Council
countries. The most important objective of this consensus and common
ideas is the create a common standard in security services. Because,
national security services in a world that is getting smaller have to
serve not only their own citizens but also serve citizens of foreign
countries as well. Every year, over 10 million tourists visit Turkey
and many German citizens live in Alanya. Therefore, the Turkish police
who have to serve them should act parallel to their European
colleagues. This obligation includes national and trans-territorial
cooperation among police organizations.
Security services that are based on ethical values also involve
knowledge and high technology. Because, four components are needed to
prevent excessive use of power and illegal practices. The first is to
catch up with the age in terms of education and training as well as
acquiring the skills of problem solving in the light of scientific
data. The second is to make use of high technology. The third is to
establish balance between security and freedoms dispense with fearing
from freedoms. The fourth is to ensure indiscriminate state and public
support to the security officials. Non-discrimination includes such
fields as social rights, criticism, economic rights etc. it is possible
to refer to many other elements, however, we consider such a
generalization suitable.
The connections among national security, freedoms and ethics elaborated
in this study emerge when the four basic components mentioned above are
strictly implemented. They are associated with each other and lack of
any component causes a lack of wholeness. In addition, any of the four
components are not prior to one another whereas they should be put into
effect in a coordinated manner.
References:
Bal I., (2002) Devlet, Demokrasi ve Terör: Çözüm Önerileri,
(içinde) Çevik H. H., Göksu T., Türkiye’de Devlet Toplum ve
Polis, Ankara: Seçkin
Eryılmaz M. B., Cerrah ‹., (2001) Avrupa Polis Eti_i Yönetmeli_i, Ankara: 72 Tasar›m Ltd.
Furet, F., (1992) The French Revolution, 1770-1780 (translated by A. Nevil). Oxford.
Goh H. H., (2002) Preserving American Values: The Challenge at
Home and Abroad, in Talbott S. & Chanda N., The Ace Of
Terror: America and The World after Semptember 11, New York:
Basic Books.
Heinzen, K., (1849) Murder, in Laqueur, W., (1979). The
Terrorism Reader, A Historical Anthology. London:
Wildwood House Ltd., pp. 53-64.
Kleinig J., (1996) The Ethics of Policing, Cambridge: Cambridge University Press
Kleinig J., (2001) The Blue Wall of Silence: An Ethical Analysis, New York, New York University.
McGrath, J.J., (1990), Comparative Analysis of the National
Liberation Movements in Northern Ireland,
South Africa, and Algeria with Specific
Reference to the Development and Interrelationship of
Political, Ideological, and Military Strategy. New York:
Fordeam University.
Paton, H. J. (1963) The Moral Law: Kant’s Groundwork of the Metaphysic of
Morals. NewYork: Barnes and Noble.
Talbott S. & Chanda N., The Ace Of Terror: America and The World after Semptember 11, New York: Basic Books.
Wilkinson, P., (1986b) Terrorism versus Liberal Democracy: The
Problem of Response, in Gutteridge, W. (ed.), The New
Terrorism. London: Mansell Publishing.
Ihsan BAL
Remembering The Orly Attack
