US embassy cable - 04ANKARA2425

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 002425 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 04/29/2014 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: PARLIAMENT TO REVIEW CONSTITUTIONAL REFORMS 
 
 
REF: A. ANKARA 2294 
     B. ANKARA 2189 
 
 
Classified by Acting Polcouns Charles O. Blaha.  Reasons 1.4 
(b) and (d). 
 
 
1. (U) Summary: The Turkish Parliament is set to review a 
10-article package of constitutional amendments designed to 
bring Turkey closer to the Copenhagen Criteria for EU 
membership.  The amendments would: abolish the State Security 
Courts (SSCs); open the military budget to court audit; 
remove military candidates from the Higher Education Board 
(YOK); promote gender equality and press freedom; and 
establish the precedence of international agreements over 
Turkish law.  Parliament is expected to adopt the reforms in 
May. End Summary. 
 
 
2. (C) Burhan Kuzu, chairman of the parliamentary 
Constitutional Committee, told us April 28 that the Committee 
on April 30 will review the constitutional amendments.  Kuzu 
said the full Parliament will vote on the package May 4 and 
7.  Oguz Oyan, deputy secretary general of the opposition 
Republican Peoples' Party (CHP), told us CHP will vote 
against the package.  Oyan complained that the ruling AK 
Party declined CHP's request to include a measure eliminating 
immunity for MPs, and said AK should develop a more 
comprehensive package rather than pursuing a "piecemeal" 
approach.  Nevertheless, our contacts among AK MPs and 
parliamentary staffers predict Parliament will adopt the 
package in May as planned. 
 
 
-------------------- 
Summary and Analysis 
-------------------- 
 
 
3. (U) The following is a summary and analysis of the 
proposed constitutional amendments: 
 
 
4. (C) State Security Courts: SSCs would be abolished; 
Article 143 of the Constitution, on the establishment of the 
SSCs, would be removed. 
 
 
-- Analysis: SSCs are special courts designed to hear cases 
involving offenses "against the indivisible integrity of the 
State."  Their ostensible purpose is to try terrorists, 
narcotraffickers, criminal gang members and other highly 
dangerous criminals.  However, the State has long used the 
SSCs to silence its critics; many SSC defendants face 
trumped-up charges relating to non-violent written or spoken 
criticism of the State.  SSCs are authorized to hold closed 
hearings and admit testimony taken in the absence of counsel. 
 The European Court of Human Rights has frequently overturned 
SSC convictions, including the 1994 conviction of Kurdish 
former MP Leyla Zana and co-defendants.  Members of the 
European Parliament and EU member-state governments have 
harshly criticized the April 21 SSC re-trial ruling upholding 
that conviction (reftel A).  The GOT would clearly be taking 
a step in the right direction by shutting down the SSCs, but 
the impact of the measure will be limited without more 
comprehensive judicial reforms.  Justice Minister Cicek told 
the Ambassador April 14 (reftel B) that the SSC caseload will 
be taken up by the heavy penal courts, which share the 
pro-prosecution bias of the SSCs.  Yusuf Alatas, lead defense 
attorney in the Zana case, averred to us that in some ways it 
is even more difficult to mount a defense in a heavy penal 
court than an SSC.  For example, SSCs allow defense attorneys 
to object to court decisions, while heavy penal courts do 
not, he said. 
 
 
5. (C) Military Budget: The expenditures and assets of the 
armed forces would be subject to audit by the Audit Court 
(Sayistay), which is charged with auditing all other 
government departments.  Article 160 of the Constitution 
would be amended to remove language stating that the audit of 
the armed forces must be secret. 
 
 
-- Analysis: Turkey's Constitution was drafted under military 
influence shortly after the 1980 coup, and its content 
reflects the military's interest in maintaining ultimate 
authority over governance.  The EU has called on the GOT to 
adopt this reform, the latest in a series of measures 
intended to enhance civilian control over the military. 
 
 
6. (C) Higher Education Board: The Turkish General Staff 
(TGS) would lose the authority to nominate members of the 
Higher Education Board (YOK).  Article 131 of the 
Constitution would be revised to remove language stating that 
the TGS Chief is among those entitled to submit YOK candidate 
nominations to the President.  The Council of Ministers and 
universities would retain the authority to make nominations. 
 
 
-- Analysis: This is another reform the EU has insisted the 
GOT adopt to enhance civilian control over the military.  The 
EU has also called on the GOT to remove the National Security 
Council (NSC) representative from the High Board of Radio and 
Television (RTUK).  Our contacts say the GOT will shortly 
revise the RTUK statute to remove the NSC representative; 
unlike YOK membership, RTUK membership is not covered in the 
Constitution. 
 
 
7. (U) Gender Equality: The words "men and women enjoy equal 
rights" would be added to Article 10 of the Constitution, 
which already contains language on gender equality. 
 
 
-- Analysis: Our GOT contacts say this language was added in 
order to more closely mirror the wording on gender equality 
found in the constitutions of EU member states. 
 
 
8. (C) Press Freedom: Article 30 of the Constitution would be 
revised so that it no longer authorizes the State to seize 
printing presses or other publishing equipment.  The article 
currently authorizes the confiscation of such equipment if it 
has been used for offenses "against the indivisible integrity 
of the State." 
 
 
-- Analysis: Article 30 is only one of many tools employed by 
the State to punish and censor controversial speech. 
However, this reform could prove significant, especially in 
the southeast, where police frequently seize equipment from 
small leftist and pro-Kurdish publications. 
 
 
9. (U) International Agreements: A paragraph would be added 
to constitutional Article 90 stating that in case of a 
conflict between Turkish law and an international agreement 
signed by Turkey, the international agreement would take 
precedence. 
 
 
-- Analysis: With this amendment, the GOT is signaling to the 
EU that Turkish nationalism will not prevent the GOT from 
honoring international agreements, including those relating 
to human rights. 
 
 
10. (U) Death Penalty: A number of constitutional articles 
would be revoked or amended to remove references to the death 
penalty. 
 
 
-- Analysis: The GOT has already revoked the death penalty, 
removing it from the Penal Code.  These amendments bring the 
Constitution into conformity with the new laws. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EDELMAN