Investigating non-state justice systems across Europe
Migration and shifting demographics have introduced new parallel legal systems into European society. The EU-funded TRANSNATIONALaw project sought to investigate how these are used, specifically looking at the non-European, non-Islamic roots of Kurdish alternative legal practices. The project used the cities of Berlin, in Germany and Diyarbakir, in Turkey, as case studies. TRANSNATIONALaw examined the transnational links and interrelationships between the two non-state dispute resolution mechanisms. They set out to investigate when, why and how people in both ethnographic contexts use non-state courts. The project also investigated the gender-specific impacts of these courts. “The way Kurdish unofficial judges were making their decisions and how such decisions were affecting women, either positively or negatively, were crucial parts of this research,” explains Latif Tas, Marie Skłodowska-Curie global fellow at the School of Oriental and African Studies (SOAS), University of London. As part of his research, Tas visited general and women’s courts in many Kurdish cities in Turkey and Europe, directly observing hundreds of informal court cases and conducting many interviews.
Non-state judicial systems
Tas’s research revealed that over half of cases in these cities are resolved outside of the state’s courts, and without the state’s knowledge. In Turkey and also in Germany, the community must hide all its activities related to the informal courts, explains Tas. They deal with almost all conflicts secretly, carrying out punishments without informing or even having any connection with the state. Sometimes this is due to underlying conflicts between communities and the state. In Turkey, for example, there is increasing division between Kurdish society and the state, which is leading to more widespread use of non-state court systems. “My own research finding shows, and also the recent European Commission 2020 report on Turkey stated, that a dysfunctional and heavily politically influenced Turkish legal system, and widespread corruption with economic and legal implications, have created a distrust of the state’s institutions,” says Tas, TRANSNATIONALaw project coordinator. Some choose to use non-state systems due to the cost or complications of official courts. “If a lawyer asks more than EUR 1 000 for organising a simple will, or if a simple case takes years to be resolved at the state court and costs a huge amount of money, then people start looking and opting for different solutions,” he adds.
Gender relations
The TRANSNATIONALaw project revealed that many practices can be largely secular, and that gender participation and equality can be put at the forefront. This was the case among many stateless Kurds in Turkey, for example. According to the Kurdish practice of democratic autonomy, there is an election for every position and these are co-chaired by one woman and one man. Under this structure, an autonomous women’s alternative justice system is also created. “These autonomous levels and organisations are linked to each other and follow pyramid-style interconnections,” explains Tas.
Next steps
This project has only raised more new questions and has confirmed that there is scope for further research to be conducted. “The relationships between different informal activities, including economic, and informal courts need to be investigated,” concludes Tas.
Keywords
TRANSNATIONALaw, legal, system, non-state, Kurdish, women, gender, democratic
