US embassy cable - 03ANKARA5828

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 005828 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 09/15/2008 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: AMBASSADOR MEETS WITH CONSTITUTIONAL COURT 
PRESIDENT BUMIN 
 
 
REF: ANKARA 4313 
 
 
Classified by Ambassador Eric S. Edelman; reasons 1.5 (b) and 
(d). 
 
 
1. (U) Summary: In a September 8 introductory meeting, 
Constitutional Court President Bumin told the Ambassador he 
plans to establish a Free Speech Committee of Turkish 
jurists.  He said the GOT should advance human rights reform 
and EU membership by focusing on implementing recent legal 
amendments, though it will also be necessary to make minor 
amendments to the constitution to emphasize the supremacy of 
international law.  He argued that Turkey faces no problems 
regarding religion, though some have created the impression 
of a problem involving Islamic headcovering.  The Ambassador 
said the US will continue to support judicial reform in 
Turkey, and to strongly back Turkey's EU candidacy.  He said 
the US is particularly interested in ensuring full compliance 
with the Hague Convention on Child Abduction.  End Summary. 
 
 
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Free Speech Committee 
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2. (U) Bumin told the Ambassador his May Embassy-sponsored 
visit to the US (reftel) was valuable.  Although Turkey and 
the US have different legal systems, the two nations share 
the same basic values.  The Turkish Constitutional Court pays 
close attention to rulings of both the US Supreme Court and 
the European Court of Human Rights (ECHR) and makes 
references to them in its own decisions.  Bumin said he plans 
to establish a Committee on Freedom of Speech, following up 
on a suggestion made to him on his US trip by the Institute 
for the Study and Development of Legal Systems.  Bumin will 
serve as chairman of the Committee, which will include 
representatives from the Supreme Court of Appeals, the 
Council of State, the Constitutional Court, and academia. 
The Committee, which should be operating before the judicial 
recess next July, will issue reports, make declarations, and 
publicize the work of the Constitutional Court.  Its work 
will support Turkey's EU bid. 
 
 
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Reform Implementation, International Law 
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3. (U) The Ambassador said the Embassy will be available to 
help the Committee in any way possible.  The Embassy will 
also continue and enhance efforts to support judicial reform 
in Turkey, and will continue to strongly back Turkey's EU 
candidacy.  He asked whether Bumin agrees with those in 
Turkey and Europe who have called for a major re-drafting of 
the Turkish Constitution.  Bumin asserted that the gap 
between Turkey and the West in free speech and other human 
rights fields is not as great as some have claimed.  Most of 
the problems relate to Turkey's legal codes, not the 
Constitution, and many of these have been addressed by recent 
legislative reforms.  The primary challenge for the GOT now 
is to implement these reforms.  There are a couple of 
articles of the Constitution that need to be amended, as the 
presidents of both the Supreme Court of Appeals and Turkish 
Bar Association have recently stated.  Article 90 poses a 
problem, particularly in the eyes of the EU, because it fails 
to establish clearly the supremacy of international 
agreements over domestic law.  The failure of the judiciary 
to recognize Turkey's obligations under the European 
Convention on Human Rights, for example, has led to numerous 
ECHR rulings against Turkey. 
 
 
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Child Abduction 
--------------- 
 
 
4. (SBU) The Ambassador said the US has a special interest in 
encouraging GOT compliance with the Hague Convention on Child 
Abduction.  Abduction cases tend to be highly sensitive and 
tragic, and often bring international obligations and 
domestic law into conflict.  These cases can easily 
degenerate into public controversies, and governments must 
manage them carefully.  A greater understanding of 
international law would help smooth the process.  Bumin 
agreed, but said some Turkish jurists unfortunately do not 
share his views on international law. 
 
 
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Bumin: Headscarf Issue "False" Problem 
-------------------------------------- 
 
 
5. (U)  The Ambassador asked whether the reform process would 
change the Turkish State's approach to religion.  Bumin 
argued that Turkey faced no real problems relating to 
religion -- all are free to practice their faith.  However, 
some people are creating a false impression of a religious 
problem relating to the wearing of Islamic-style 
headcovering.  He said religious headcovering is tolerated in 
Turkey, except when it conflicts with "legitimate concerns." 
For example, all professions have rules, including rules of 
attire.  However, in Turkey there are people who become 
nurses and soldiers and then insist on replacing a part of 
their uniform with Islamic-style headcovering.  The Turkish 
judiciary maintains that this is not a religious right, a 
position supported by a number of ECHR rulings siding with 
the GOT in cases like these, he claimed. 
 
 
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Comment 
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6. (C) Bumin's view of the headscarf issue is indicative of 
his engagement in the reform process.  On some specific 
issues he is a supporter and on others he defends the status 
quo. 
 
 
EDELMAN