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, Ery›lmaz, 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, Ery›lmaz, 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 Ery›lmaz 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 Ery›lmaz, 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 behaviors of the police and that factors that adversely affect these behaviors 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 comprise 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 behaviors 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 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 favors 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 defenseless 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 behaviors, 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 behaviors and practices. Although the behaviors 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 behaviors 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.
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Title: National Security, Fight Against Terror and The Police Ethics
Author: Ihsan BAL, Assc. Prof. Dr., Head of the Terrorism Studies at ISRO and lecturer in Police Academy, Ankara.
e-mail: ibal@usak.org.uk
Remembering The Orly Attack
