US embassy cable - 03ANKARA6263

C O N F I D E N T I A L ANKARA 006263 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 10/06/2008 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: BOARD REJECTS CHALLENGE TO NOVEMBER ELECTION 
RESULTS 
 
 
REF: A. ANKARA 6122 
     B. ANKARA 5848 
 
 
Classified by Acting Polcouns C.O. Blaha; reasons 1.5 b and d. 
 
 
1. (U) As expected (reftels) Turkey's High Election Board 
(YSK) voted 6-1 October 4 to reject appeals calling for a 
reallocation of seats in Parliament or an annulment of the 
November 2002 national election results.  Several parties and 
individuals filed the appeals following a September 29 
Supreme Appeals Court ruling upholding a conviction against 
leaders of the Democratic People's Party (DEHAP) for 
election-related fraud (reftels).  The most significant of 
the appeals was filed by the True Path Party (DYP), which 
stood a chance of entering Parliament with 66 seats if the 
YSK had ruled to invalidate DEHAP's November votes. 
 
 
2. (U) YSK rulings cannot be appealed within the Turkish 
judicial system.  DYP Vice Chairman Oguz Tezmen told us 
October 6 that the party is disappointed with the YSK ruling, 
but respects it.  Tezmen said some former DYP MPs will likely 
appeal the ruling to the European Court of Human Rights, but 
will do so as individuals rather than representatives of the 
party.  He said DYP is not planning any further legal 
challenges to the November election results. 
 
 
3. (C) Comment: Some opponents of the ruling AK Party 
supported DYP's efforts to gain seats in Parliament in the 
belief that this would cut into AK's majority.  But AK 
leaders' boasts that they would respond to a reallocation of 
seats by calling early elections and increasing their 
majority were credible -- several polls show AK support has 
risen since the elections.  Moreover, YSK members, a number 
of political figures, pundits from across the political 
spectrum, and academics said publicly and privately that a 
reallocation of parliamentary seats would lead to chaos.  A 
leading YSK member indicated to us that he questioned the 
validity of the charges against DEHAP, and noted that the YSK 
had determined prior to the elections that the charges did 
not justify barring DEHAP barred from participating (reftel 
B). 
 
 
 
 
 
 
 
 
 
 
EDELMAN