Pittsburgh Post-Gazette

Cold Turkey

A violent attack on Kurdish protesters must be investigat­ed

- Noah Feldman is a Bloomberg View columnist and a professor of constituti­onal and internatio­nal law at Harvard University (nfeldman7@bloomberg.net).

During Turkish voices, are being curtailed. President Recep Thousands of journalist­s, Tayyip Erdogan’s lawyers, judges and others visit to have been jailed since the attempted Washington, his coup against Mr. “bodyguards” viciously Erdogan last year. beat and kicked Kurdish The actions of Mr. Erdogan’s protesters outside the men would need to Turkish Embassy. It happened be addressed under any on a busy news day, circumstan­ces. But it’s especially to say the least, around the important now because time of the revelation that the U.S. is at its own President Donald Trump important juncture with had asked the FBI director respect to violence and to stop investigat­ing a former free speech. For example, national security adviser’s on university campuses, ties to Russia. But violence has silenced some this shameful episode speakers and the threat of shouldn’t be allowed to escape violence has led to canceled analysis and serious events like Ann Coulter’s follow-up. Federal law enforcemen­t at Berkeley. If violence must investigat­e is allowed to limit or and, if possible, criminally block speech, then the charge the bodyguards — First Amendment isn’t who should not be allowed working. to hide behind diplomatic And let’s not forget — as immunity. Mr. Erdogan surely has not

Here’s why the attack is — that Mr. Trump’s rallies so significan­t: It fundamenta­lly when he ran for president erodes the First were marred by the violent Amendment value of peaceful removal of protesters on protest, right in the nation’s several occasions. capital. In the United There’s even a lawsuit States, the protesters have against Mr. Trump and his every right to speak out on campaign claiming that Mr. behalf of Kurdish rights — Trump incited the violence. or any other topic they want Mr. Trump’s lawyers have to trumpet. claimed that the candidate’s

In Turkey, free-speech own free speech rights rights for Kurds have always would be violated by a verdict been very weak. For against him. They’ve years, the Kurdish language also claimed that the campaign itself was banned. As had the right to exclude part of the Turkish effort to the protesters, possibly assimilate Kurds while destroying by force. their identity, The Turkish attack Kurds were referred to officially sends the message that Mr. as “mountain Erdogan believes Mr. Turks.” Peaceful advocates Trump is just like him and for Kurdish rights have that the U.S. is therefore long been accused of terrorism, just like Turkey when it even when they had comes to suppressin­g dissent. nothing to do with the PKK, That’s the message the Kurdish group that in that needs to be refuted, some historical periods did and fast. use terrorism to assert its That requires a full investigat­ion. claim to autonomy or independen­ce. D.C. police on the spot were outnumbere­d

Mr. Erdogan’s men and managed to arrest just acted just as they would two people, although nine have in Turkey, where were reported injured and Kurds have little or no legal a police officer was assaulted. protection from government We don’t know forces. whether those arrested

The other important were the Turkish assailants piece of context is the daybyor not.day erosion of free That’s woefully inadequate. speech in Turkey under Mr. On video, several Erdogan. Not only Kurds, people, definitely more than but also all other opposition two, can be seen committing criminal assault.

In general, D.C. police are loath to get involved in prosecutin­g foreign security personnel who are working at foreign embassies. The diplomatic consequenc­es are too tricky.

For that reason, this investigat­ion needs be taken over by federal authoritie­s. The perpetrato­rs have to be identified from the video and criminally charged.

Even if the guards have now been repatriate­d to Turkey, there is symbolic value in indicting them on assault charges. At minimum, they would not be able to return to the U.S.

Diplomatic immunity should not be allowed to cover up the intentiona­l use of violence to suppress First Amendment-protected free speech. That’s interventi­on in U.S. domestic affairs. In case the bodyguards are considered diplomats, Turkey can be pressured to waive immunity for the guards.

Would an investigat­ion cause a diplomatic incident between the U.S. and Turkey, which remains a key NATO ally despite recent tensions? If the answer is yes, the blame should rest with the Turkish side, not the U.S. The Turks were the ones running amok. That has consequenc­es — or at least it should in a rule-oflaw democracy.

If federal law enforcemen­t does not announce an investigat­ion, that will also be read as a sign, domestical­ly and globally. It will signal that the U.S. either doesn’t have the courage to defend its principles, or else that the Trump administra­tion embraces Mr. Erdogan’s tactics and antiKurdis­h policies.

Inaction would itself be a diplomatic incident, with consequenc­es far more serious than investigat­ion and prosecutio­n.

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