US embassy cable - 05ANKARA6300

UNCLAS SECTION 01 OF 02 ANKARA 006300 
 
SIPDIS 
 
DEPARTMENT FOR EUR/SE 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, PREL, TU, OSCE 
SUBJECT: CONSTITUTIONAL COURT PRESIDENT DISCUSSES JUDICIAL 
 
REFORM, SECULARISM WITH CDA 
 
1. (U) Summary: Tulay Tugcu, newly elected president of 
Turkey's Constitutional Court, told Charge during an October 
7 meeting that she is proposing a constitutional amendment 
that would allow individual citizens to apply directly to the 
Court.  Tugcu defended the headscarf ban in universities as a 
necessary measure to resist "pressure" from Turkish Muslims 
who want to break down the barrier between religion and 
state.  End Summary. 
 
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Tugcu Proposes Court Reform 
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2. (U) Tugcu told Charge that during her term as court 
president, which will end in 2007 when she turns 65 and will 
be required to retire, she will advocate a constitutional 
reform that would enable Turkish citizens to apply directly 
to have their cases reviewed by the Constitutional Court. 
Currently, only lower courts can direct cases to the 
Constitutional Court.  Allowing individuals to apply directly 
-- as U.S. citizens can apply to the Supreme Court -- would 
reduce the number of applications from Turkey to the European 
Court of Human Rights, and enable Turkey to resolve more 
cases within its own system, she said. 
 
3. (U) In order to handle the extra caseload, Tugcu said, the 
Constitutional Court would have to be divided into two 
panels.  Currently, there are 11 sitting justices and four 
alternates.  The alternates could be made full judges, 
allowing for the establishment of two separate panels.  The 
full court could meet for certain types of cases, such as 
those involving the potential closing of political parties. 
 
4. (U) Tugcu noted that the ruling AK Party (AKP) has 
proposed increasing the number of Constitutional Court judges 
to 21, including seven who would be elected by Parliament. 
Currently, the national president appoints all Constitutional 
Court members, the majority of whom are chosen from among 
candidates nominated by other high courts and the Higher 
Education Council.  Tugcu said Constitutional Court members 
oppose the AKP plan, which they believe would politicize the 
court, but have been restrained in their comments because 
they recognize that many countries do elect high court 
members. 
 
5. (SBU) The CDA said she realizes that many Turkish judges 
are angry about the proposal for electing court members.  But 
the idea of electing judges is accepted in many countries 
around the world.  The question is how to conduct the 
elections in order to ensure that the best people are 
selected.  Tugcu said part of the answer is to establish 
required qualifications for candidates.  The quality of the 
court would suffer if political parties elected as judges 
party members who failed to get elected to Parliament.  Tugcu 
said PM Erdogan and Justice Minister Cicek have assured Court 
members that they will consider justices' views on the issue. 
 
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Headscarf Ban a Response to "Pressure" 
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6. (SBU) Charge asked Tugcu to describe the court's role in 
the area of religious freedom.  Tugcu averred that under 
Turkish secularism, everyone is free to believe that they 
want.  However, if you represent the state, you cannot use 
your office to display religious symbols or engage in 
religious expression.  For example, if PM Erdogan became 
president, there would be no problem with his wife, Emine, 
wearing an Islamic headscarf at home in the presidential 
palace.  But she would not be permitted to wear it while she 
is representing the state. 
 
7. (U) In a university environment, Tugcu continued, where 
young people study and socialize in close proximity, the use 
of the Islamic headcovering creates religious conflict.  When 
students return home they can wear what they please.  Tugcu 
noted that she has a daughter living in the U.S., and she 
understands that the U.S. practice is different.  However, in 
the U.S., she said, the state does not face the same pressure 
from the religious community that the Turkish state must 
confront.  In the U.S., the religious community is not driven 
by its beliefs to try to impose its will on the state.  In 
Turkey, by contrast, the dominant religion of Islam has 
"certain rules" that compel many pious Turks to try to break 
down the barrier between religion and state.  The headscarf 
ban, unnecessary in the U.S., is part of the Turkish state's 
efforts to resist this pressure. 
 
 
MCELDOWNEY