Erdogan's Khashoggi show
Turkey could have made use of all legal means at its disposal to thoroughly investigate journalist Jamal Khashoggi's death and then go public with the findings. Doing so would have doubly served President Recep Tayyip Erdogan. First, he could have regained some trust from the international community after doing so much to undermine it in recent years. Second, he would have seen Turkey's judiciary, which has become increasingly politicized, restore its standing at home.
But Turkey failed to take advantage of this opportunity. As global attention focused on Turkey in recent days given the suspected murder of Jamal Khashoggi, Erdogan has put himself in the
Erdogan takes the judge's role
The Turkish police and judiciary were still conducting an investigation into the incident and had even had some success. Then Erdogan publicly announced their findings as if he were reading out an indictment or court verdict at a meeting of his own Justice and Development Party (AKP) parliamentary group. He declared he was certain Khashoggi had been murdered in the Saudi consulate, claiming he had reliable evidence to prove this. Erdogan said it had been possible to trace the arrival in and departure from Istanbul of Saudi "teams" responsible for Khashoggi's killing. He added that a Turkish national was complicit in the case and that it was up to Saudi Arabia to carry out a rigorous investigation of the case.
Turkish law reserves such language court rulings — not heads of state. And a Turkish president should certainly refrain from divulging information related to an ongoing investigation. Once again, Erdogan has ignored the separation of powers, politicized the judiciary and diminished its standing.
Instead, Erdogan should have endeavored to create the right conditions for a truly independent investigation. But his opportunist nature got in the way. He was eager to thwart international criticism directed at the investigation, wanted to regain international trust and strengthen his own position.
Turkey's dilemma
To fully understand Khashoggi's murder, a look at the bigger political picture is needed: Khashoggi was known to sympathize with the Muslim Brotherhood, which Saudi Arabia sees as an existential threat. Turkey, in turn, has close tied to the Brotherhood, but it is also eager not to anger the Saudi monarchy. This complicates the investigation into the journalist's killing and possibly explains why it is moving so slowly.
Read more: Jamal Khashoggi's murder through the lens of Middle Eastern media
Legal experts have highlighted that the Vienna Convention on the Law of Treaties (VCLT) allows for diplomatic immunity to be revoked and consular staff to be held accountable in extreme circumstances like these. Turkey, however, has not utilized this legal right. Moreover, Turkish authorities turned two blind eyes to the Saudi consul general leaving the country. It is clear that Turkey is attempting to avoid the dilemma of having to irritate either the Muslim Brotherhood or the Saudis.
A death like any other?
The journalist's death is being treated and investigated like any other homicide. Information pointing to political involvement is ignored. Since every lead that could end at the door of Saudi Crown Prince Mohammed bin Salman would bring massive problems, no one investigates them. Even though Erdogan has repeatedly demanded Saudi Arabia extradite the 18 suspects it has in custody in connection with the case so they can stand trial in Turkey, he has shied away from a trial whose consequences could extend to the Saudi royal family.
Turkey, therefore, will turn a blind eye to the political dimension of Khashoggi's murder. The assassins will land in the dock while the masterminds walk scot-free. If the international community wants to shed any light on this murder, it will have to take over and establish an independent investigation.
But even that will not change the fact that when it comes to Khashoggi's death, Erdogan has treated the judiciary like a subservient child.