US embassy cable - 04ANKARA663

UNCLAS SECTION 01 OF 04 ANKARA 000663 
 
SIPDIS 
 
 
DEPARTMENT FOR DRL/PHD (OZKAN) AND DRL/CRA (SHEARER AND 
BEMIS) 
 
 
E.O. 12958: N/A 
TAGS: PHUM, PREL, PGOV, ELAB, KDEM, KPAO, KSEP, TU 
SUBJECT: SUPPORTING HUMAN RIGHTS AND DEMOCRACY, 2003-4 
 
 
REF: 03 SECSTATE 333935 
 
 
 1. (U) In response to reftel, the following is Mission's 
contribution to the 2003-4 edition of "Supporting Human 
Rights and Democracy: the U.S. Record." 
 
 
2. (U) Turkey is a constitutional republic with a multiparty 
parliamentary system and a president with limited powers 
elected by the single-chamber parliament, the Turkish Grand 
National Assembly.  In the November 2002 parliamentary 
elections, the Justice and Development (AK) Party won the 
majority of seats in a free and fair election and formed a 
one-party government.  In March, AK Chairman Recep Tayyip 
Erdogan was named Prime Minister.  In 2000, Parliament 
elected Ahmet Necdet Sezer as President for a 7-year term. 
The military exercised indirect influence over government 
policy and actions in the belief that it was the 
constitutional protector of the State.  The Constitution 
provides for an independent judiciary, and the general law 
courts acted under a declared policy of independence; however 
there were credible claims that the judiciary was sometimes 
subject to influence by the military and bureaucracy. 
 
 
3. (U) Members of the Mission routinely meet with 
representatives of various political, religious, social, 
cultural, and ethnic groups to discuss human rights 
conditions and relations between these groups and the Turkish 
State.  Mission officials also meet regularly with members of 
the bureaucracy, legislature, executive branch, and judiciary 
to encourage broad reforms, including reforms needed to meet 
EU accession criteria.  The Mission focused on a broad range 
of human rights fields, including: police and judicial 
practices; religious freedom; freedom of expression; 
government ethics; trafficking in persons; and the right of 
return for internally displaced persons. 
 
 
4. (U) In compliance with the Leahy Amendment, the Defense 
Attache Office worked closely with the Ministry of Defense to 
vet military units for U.S. training and checked candidates 
with other Embassy offices. 
 
 
5. (U) The GOT formally signed a USG memorandum of intent 
(MOI) for anti terrorist training for law enforcement.  Under 
the MOI, which both the USG and GOT have been following in 
principal in the absence of a formal agreement for almost a 
decade, the USG will provide training organized through the 
Mission while the GOT screens training candidates for human 
rights violations. 
 
 
6. (U) The Mission has emphasized the importance of 
eliminating the climate of impunity for police who commit 
torture by prosecuting and convicting police, and sentencing 
them to jail terms.  An indirect result of this pressure was 
a court ruling to convict all 10 police defendants in the 
high-profile Manisa torture case and sentence them to prison 
terms.  In addition, Parliament passed legislation 
lengthening the statute of limitations for torture and 
prohibiting courts from suspending or postponing sentences in 
torture cases. 
 
 
7. (U) The Mission works closely with NGOs to strengthen 
civil society in Turkey.  An important issue for Turkish NGOs 
is their legal status vis--vis the GOT.  The Mission 
supported a conference on the NGO Legal Framework organized 
by the Third Sector Foundation of Turkey (TUSEV) to enhance 
advocacy for creating a regulatory framework friendly to 
civil society.  Douglas Rutzen, President of the Washington 
D.C.-based International Center for Non-Profit Law (ICNL), 
spoke at the conference and a series of meetings to help 
TUSEV demonstrate to the government that its relationship 
with NGOs could be mutually beneficial. 
 
 
8. (U) The Mission worked with TUGIAD (the Young 
Businessmen,s Association of Turkey) on a seminar on Ethics 
and Government with IIP-sponsored Speaker David Apol, 
Associate General Counsel in the U.S. Office of Government 
Ethics.  The seminar was designed to raise public awareness 
of ethics issues and build support for the establishment in 
Turkey of an office to implement a government ethics program. 
 Apol made a presentation at the AK Party headquarters and 
was interviewed by the Turkish press. 
 
 
9. (U) An American Council of Young Political Leaders 
delegation visited Turkey for programs in Ankara and Istanbul 
in conjunction with the ARI Movement, an NGO devoted to 
democracy building.  The visit was funded by the 
Department,s Office of Citizen Exchanges. 
 
 
10. (U) The Mission provided an Embassy officer, a former 
defense attorney, as guest speaker for a Turkish National 
Police workshop on crime scene investigation in the city of 
Elazig in central Anatolia.  Organizers were particularly 
interested in the U.S. rules and procedures for handling 
evidence gathered at the crime scene as it moves through the 
criminal justice system, including police custody and courts. 
 The speaker approached the topic within the framework of the 
U.S. Constitution, discussing such concepts as "due process 
of law" and "chain of custody." 
 
 
11. (U) The Embassy,s Political Counselor addressed the 
topic of Turkish political, economic and social reform to a 
major Turkish foreign policy association in Istanbul. 
 
 
12. (U) The Mission helped bring two U.S. academics to the 
International Political Science Association Meeting at 
Bogazici University in Istanbul, who spoke on "U.S. Political 
Systems, Elections, and Political Parties."  At the Istanbul 
University Forensic Science Institute, an IIP speaker gave 
the keynote address for the Third European Academy of 
Forensic Science Triennial Meeting. 
 
 
13. (U) English instruction in Turkey helps build a 
foundation for introducing Western concepts such as critical 
thinking, student-centered classrooms, team-building, and 
conflict resolution.  The Mission has placed English Language 
Fellows at eight universities throughout Turkey and the 
Turkish military academy in Ankara.  The single-country 
English Language Officer conducts a full program of seminars, 
workshops and speaker programs. 
 
 
14. (U) The Mission works closely with the American Studies 
Association of Turkey to strengthen teaching about the United 
States at Turkish universities.  The Fulbright Program in 
Turkey, active since 1953, encompasses scholarly exchanges at 
all levels, from students to senior teaching and research 
scholars and includes high school teacher and administrator 
exchange projects that take Turkish teachers and student 
teachers into American classrooms and vice versa.  The 
Fulbright Program offers educational advising to Turkish 
students who wish to study in the U.S.  Turkey ranks number 
eight among countries sending students to the U.S.  During 
International Education Week 2003, Fulbright conducted 
outreach on study in the U.S. in southeastern Turkey. 
 
 
15. (U) The International Visitor Program continues to 
provide opportunities for professionals in all fields to be 
introduced to the United States and American counterparts. 
Two thirds of the 2003 IV participants joined projects 
related to democracy and human rights (see appendix). 
Single-country projects on Civic Education, Municipal 
Government in the U.S., Human Rights and Legislation, and 
NGOs and Municipalities were designed to give Turkish 
contacts a focused look at democratic practices and human 
rights issues. 
 
 
16. (U) In 2001-2003, the Mission collaborated with the 
Institute for the Study and Development of legal Systems 
(ISDLS) on the Turkey-U.S. Legal Exchange Project to examine 
Turkish and U.S. perspectives on freedom of expression, 
police conduct, and trial alternatives in the criminal 
justice process through a series of exchanges and seminars, 
with funds from DRL and the Office of Citizen Exchanges. 
This in turn created an opportunity for a joint U.S.-Turkish 
reform effort aimed at these issues.  Justice Mustafa Bumin, 
President of the Turkish Constitutional Court, a key figure 
in the ISDLS project, visited the U.S., and ISDLS personnel 
visited Turkey to evaluate the project.  ISDLS later proposed 
a Turkish Legal Reform Initiative to the Office of Citizen 
Exchanges, to develop specific measures to improve the 
functioning of the judiciary, to be competed by the end of 
2004. 
 
 
17. (U) Through the Book Translation Program, which supports 
the translation of important American works into Turkish, 
many works on democracy and human rights have been available 
in Turkish to the general public.  In 2003, several works 
were either published or brought to the printing stage for 
imminent publication.  A list is provided in the appendix. 
The Ambassador established a relationship between the 
Istanbul University Law School Alumni Club and the University 
of Virginia Alumni Club whereby the Virginia Alumni Club 
donates books to Istanbul University. 
 
 
18. (U) The Ambassador, DCM, and Mission consular officials 
meet regularly with Justice Ministry officials to improve 
judicial treatment of Turkey,s obligations under the Hague 
Convention on Child Abduction and ensure that Amcit child 
abduction cases move as swiftly as possible through the court 
system. 
 
 
19. (U) The Mission has also stressed the need to allow free 
religious expression for all faiths.  An indirect result was 
the decision by Edirne authorities to rescind an order to 
expropriate a property sacred to followers of the Baha,i 
faith.  The Ambassador and other Mission officials continue 
to urge the GOT to re-open the Halki seminary on the island 
of Heybeli. 
20. (U) Mission officials urged the GOT to take greater 
measures to combat trafficking in persons (TIP).  As a 
result, the GOT launched a number of initiatives in 2003, 
earning a promotion from Tier III to Tier II in the 
Department,s TIP report.  The Mission continues to urge the 
GOT to follow up on these initiatives. 
 
 
---------- 
Appendices 
---------- 
 
 
21. (U) Speakers and Programs: 
 
 
-- May 17 - 31: Special visitor program to U.S. for Justice 
Mustafa Bumin, President of the Turkish Constitutional Court, 
to familiarize him with U.S. judicial practices and human 
rights issues.  Grant to Meridian International Center from 
Post funds ($28,360). 
 
 
-- September 17-18: Turkish National Police Crime Scene 
Investigation Workshop, with U.S. Embassy Speaker Charles 
Blaha on "Crime Scene Investigation in the U.S.:  Police 
Practices and Legal Considerations," in Elazig.  Post-funded. 
 
 
-- September 22-27: U.S. Speaker James Lebeau, Professor, 
Center for the Study of Crime, Delinquency and Corrections, 
Southern Illinois University, keynote speaker for Third 
European Academy of Forensic Science Triennial Meeting, 
organized by Istanbul University Forensic Science Institute. 
FY03 I-Bucks. 
 
 
-- October 2-3: Institute for the Study and Development of 
Legal Systems delegation visit to review, evaluate 
DHRL-funded 2001-2002 Judicial Exchange Project.  Grant to 
ISDLS from Post funds (($31,989). 
 
 
-- October 13-15: Support for International Political Science 
Association meeting, Boagcizi University, with speakers Kay 
Lawson, San Francisco State University, and Suzanne Rudolph, 
University of Chicago, on "U.S. Political Systems, Elections, 
and Political Parties Youth Branches," Istanbul.  Grant to 
Bogazici University from Post funds ($2,000). 
 
 
-- November 1-11: ACYPL (American Council of Young Political 
Leaders) delegation visits to Istanbul and Ankara; program in 
conjunction with ARI Movement on democracy building and 
participatory democracy.  Funded by ECA Office of Citizen 
Exchanges grant. 
 
 
-- November 3-7: U.S. Speaker David Apol, U.S. Office of 
Government Ethics, speaker for seminars and round tables on 
"Ethics and Government," in Ankara and Istanbul.  FY04 
I-Bucks. 
 
 
-- November 22: Political Counselor John Kunstadter delivers 
address on Turkish reform to Arraoya Bir Foundation in 
Istanbul. 
 
 
-- December 10-13: Speaker Douglas Rutzen, Senior Vice 
President of International Center for Non-Profit Law (ICNL), 
for TUSEV (Third Sector Foundation of Turkey) and History 
Foundation conference on NGO Legal Framework, in Istanbul. 
Grant to TUSEV from Post funds ($2,400). 
 
 
22. (U) International Visitors Projects: 
 
 
-- EYIPISIREN, Levent, Chairman, Minorities of Europe:  MRP 
"Foreign Policy and Human Rights Issues," January 16 - 
February 6, 2003. 
 
 
-- YALCINTAS, Murat, Member of Parliament, Justice and 
Development Party (AKP): MRP "Accountability in Government 
and Business," January 23 - February 13, 2003. 
 
 
-- KAYA, Ayhan,  Department of Political Science and 
International Relations, Bilgi University:  MRP 
"Multi-Culturalism in a Democratic Society," April 24 - May 
15, 2003. 
 
 
-- CEYHAN, Mustafa, Member of the Board of Directors, IBS 
Insurance Company: 
MRP "Grassroots Democracy," July 31 - August 21, 2003. 
 
 
-- TURKTAS, Ali, former leader, Konya branch, Motherland 
(ANAP) Party: MRP "Young Leaders: U.S. Political, Social and 
Cultural Issues," September 15-October 3, 2003. 
-- AYDIN, Kamil and BESE, Ahmet, Chair and Deputy Chair, 
Dept. of English Language and Literature, Ataturk University, 
Erzurum: "American Studies,"  February 3-21, 2003. 
-- DUMAN, Banu, National Coordinator for Council of Europe, 
Board of Education, Ministry of Education;  ERYUREKLI, Akn, 
Expert on Civic Education Programs, Curriculum Board, 
Ministry of Education;  KAVRUK, Olcum, Director of Education 
Park, Turkish Education Volunteers, Foundation; YUKSEL, 
Guler, Managing Director, White Point Foundation:  Group 
project on "Civic Education in the U.S.," May 17 - June 13, 
2003. 
 
 
-- BILENSER, Erdogan, Mayor of Bursa; UYKUSUZ, Mahmut, Mayor 
of Erzurum; YAVAS, Mansur, Mayor of Beypazari:  "Municipal 
Government in the U.S.," July 19 - August 9, 2003. 
 
 
-- ESEN, Hamit , Chief,  KOCAMAN, Habip, Legislation Expert, 
KOCAK, Levent, Staff Expert,  Turkish Grand National 
Assembly, Laws and Resolutions Directorate:  "Human Rights 
Legislation," August 25 - September 12, 2003. 
 
 
-- BINLER, Hayati, Real Estate Division Chief, General 
Directorate of Foundations;  BIRDEN, Emine Rana, Assistant 
Project Coordinator, Civil Society Development Program; 
KARAKUS, Haydar, Chief,  Aquisition Department, Ankara 
Metropolitan Municipality; SUCU, Ayse, Director, Women,s 
Commission, Directorate of Religious Affairs: "NGOs and 
Municipalities," August 25 - Sepetember 12, 2003. 
 
 
-- KABASAKAL, Ramazan, Director, Department of  International 
Relations, Ankara Metropolitan Municipality: MRP "Civics 
Education," October 23-November 13, 2003. 
 
 
-- DEGER, Mesut, Member of Parliament, Republican People,s 
Party (CHP) 
"Law and Civil Society," January 20-February 8, 2004. 
 
 
23. (U) Book Translation Program Projects: 
 
 
-- Human Rights and You, compiled and edited by Frederick 
Quinn (PAS). 
 
 
-- The Third Wave: Democratization in the Late Twentieth 
Century, Samuel P. Huntington (Turkish Democracy Foundation). 
 Reprinted in FY03. 
 
 
-- Democracy and the Market, Adam Przeworski (Turkish 
Democracy Foundation). Reprinted FY03. 
 
 
-- Doing Democracy: The MAP Model for Organizing Social 
Movements, Bill Moyer, Mary Lou Finley, Steven Soifer (ARI 
Movement). 
 
 
-- Human Rights in International Relations, David P. Forsythe 
(Ankara University Press). 
 
 
 
 
 
 
EDELMAN