İnterview:İsmail Kulakçıoğlu
A Short Autobiography
I graduated from the Dokuz Eylül University Faculty of Law in 1995. I started working as a freelance Lawyer registered to the Izmir Bar association in 1996. I have been working as a lawyer registered to the Istanbul Bar association for 6 years. I have defended many social-politic cases such as the Zirve Publishers Case, the Hrant Dink Case and the Cizre Jitem Case. I have also worked for many years with the Izmir Bar Association Preventing Torture Group from the beginning of the Izmir Bar Association Human Rights Centre till its shut down.
- What is a general definition of ‘’law’’?
The short definition of law is defined by the rights. Law is a higher institution which defines the freedom and constraints within all imaginable social relationships including one to one, individual to government and individual to community relationships.
2) Does ‘’2+2’’ make ‘’4’’ in law?
One aspect of law, is related to universal human rights or humane law. Theoretically, in these situations two plus two should make four. However neither in this society or in any other society, two plus two never makes four in law. This is probably not a very precise formulation to use in law. Law which is a higher institution is generally a field that is mostly dictated by the government in power and the law itself or the application of the law is often changed depending on the given situation. I apologetically must quote the words of Bakunin, ‘’the law is the whore of power.’’
3) How must we evaluate different lawful approaches and decisions made on the same subject? (Explanation: This question must be evaluated in the setting of when the interpretation of the law is different and when one court counteracts the decision of another.)
As I partially stated above, this does not occur due to the normative law but due to how the government in power perceive a situation. For example, according to the Turkish Criminal Law, it is an offence to insult religious values; however this is not applied to everyone in the same way. If you say anything against a believer of Islam then you can be easily punished. However, Christians, Alevis, Jews or other religious groups do not see the same protection applied to themselves.
4) Can the term ‘’Law’’ be randomly used to validate a wrong behaviour or action?
The term ‘Law’ comes from the term ‘Rights’. If an action or behaviour or thought is rightful, then it can be classed as being lawful. Otherwise it is classed as unlawful. However I believe that the term ‘Law’ cannot be used randomly.
5) What is your approach to the phrase ‘Human Rights’?
Just as the human rights are defined in the universal deceleration, I believe that Human Rights are inherent to all human beings from birth, they are intangible and non-assignable; I also believe that the ‘Human Rights’ phrase is the sole phrase that can protect individuals against the government and other powers and that we must fight for it.
6) How much do human rights concern you?
Human rights is an essential field of strife for me with regards to my own awareness, the work I do and the way in which I conduct my work.
7) What is the core of Human Rights Laws?
The core of human rights laws are to protect the most basic values of equality and dignity of humans.
8) When the United Nations Human Rights Declaration is considered, what kind of difficulties does the world practically face?
I think that one of the main problems is; that after the socialist block dispersed, the field of human right is being used by the ruling powers for the continuation of their own rule within this one-sided world where everything is becoming instrumental and that the organisations and groups working in the field of human rights have lost their effectiveness within the community and have become dependent on the government through various funds.
I am of the belief that the field of human rights has become a field only on paper rather than being a field that should be actively protected and developed.
9) It seems as if the so called Western governments are afraid of widely interpreting the Human Rights Laws. What do you think?
As I stated above, the field of human rights is turning into an instrument that the government can use rather than being a field that restricts the government’s power and arbitrariness.
To prevent this, the human rights organisations must reduce their relationship with the government to only fighting against it, and to be totally independent both economically and managerially.
10) I want to draw the questions to a more personal level, to personal responsibilities. When we say Human Rights Law the first thing we think of is the government and governmental applications. What do you think the responsibilities of each human to their fellow human beings are? Is it possible to make a definition in light of Human Rights Law?
I support the classical definition of human rights. Which is the limitation of the power of the government and protecting human dignity.
I believe that negative situations between individuals should not be defined as the violation of human rights but be defined as a violation of rights and that the government is responsible for preventing these violations. If the government does not prevent the rights violations between individuals, then those individuals will have violated the rights, however the government will have violated the human rights.
I believe that holding individuals responsible of human rights violations will reduce the effectiveness of human rights and reduce the government’s responsibilities.
11) How should the individual and organisational terrorist activity due to ideological causes be evaluated with regards to Human Rights Law?
As I stated above, I believe that individuals can breech rights and that it is the government’s responsibility to prevent these breeches, otherwise if the government does not prevent this then it should be classed as a violation of human rights. So according to me, the responsibility for preventing the violation of all human rights always belongs to the government.
12) If we consider the society in which we live in, what is our situation with regards to Human Rights?
It is sad to say that we are not in a very good position with regards to human rights. I think that if we consider the functionality of these rights, we have returned back to the time after the Second World War. There are visibly written rights; however these rights are not protected in application.
13) What must be done in the world and in Turkey regarding Human Rights?
I believe that; not only Turkey but the whole World must be made aware of their rights, the international solidarity must be strengthened and the field of human rights must become as civilianised as possible in order for human rights to be protected.
Ali Bey, thank you very much for the interview.
