US embassy cable - 03ANKARA2909

C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 002909 
 
SIPDIS 
 
 
DEPARTMENT FOR EUR/SE 
 
 
E.O. 12958: DECL: 05/05/2008 
TAGS: PGOV, PREL, PHUM, TU 
SUBJECT: EU-RELATED DRAFT REFORM BILL REFLECTS GOT STRUGGLE 
OVER HUMAN RIGHTS REFORM 
 
 
REF: A. 02 ANKARA 8564 
     B. ISTANBUL 202 
     C. 02 ANKARA 8881 
     D. 02 ANKARA 7290 
 
 
Classified by Polcouns John Kunstadter; reasons 1.5 b and d. 
 
 
1. (C) Summary: The GOT has prepared a new package of 
EU-related legislative reforms, which it expects to introduce 
in Parliament by late May.  Proposed measures relating to 
Kurdish broadcasting and non-Muslim foundations are designed 
to loosen restrictive regulations adopted pursuant to 
previous reforms.  According to some press accounts, the 
Justice Ministry has watered down or eliminated some elements 
of the package.  The piecemeal nature of the package reflects 
internal GOT conflict over human rights reform and EU 
membership.  End Summary. 
 
 
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Measure by Measure 
------------------ 
 
 
2. (U) The original draft includes the following measures: 
 
 
3. (C) Kurdish Broadcasts: Broadcasting regulations would be 
amended to allow private TV and radio outlets to broadcast in 
Kurdish and other traditional non-Turkish languages. 
Regulations adopted in November allow such broadcasts only on 
outlets of TRT, the state-owned media company (reftel A). 
 
 
-- Analysis: This is the second effort by the GOT and 
Parliament to loosen restrictions on Kurdish broadcasting. 
Legislators in August 2002 adopted a measure making such 
broadcasts legal, but subsequent implementing regulations 
placed tight restrictions on the practice, which U.S. and EU 
observers sharply criticized.  TRT is conducting a study to 
determine which minority languages are needed in which 
regions, but to date there are no such broadcasts on the air. 
 Our sources say TRT officials resent being tasked with 
creating the new programming without additional resources. 
While this amendment promises to remove one obstacle, other 
obstacles, including a strict time limit, would apparently 
remain in place.  The tug-of-war over Kurdish broadcasting 
reflects a wider struggle that pits pro-EU, pro-reform 
elements of the GOT -- dominated by officials from the MFA 
and Justice Ministry and some members of Parliament -- 
against nationalistic opponents in the military, judiciary, 
and bureaucratic offices dealing with religion, broadcasting, 
and higher education. 
 
 
4. (C) Places of Worship: The Act on Construction would be 
amended to allow for the building of "houses of worship" 
rather than "mosques," removing a legal obstacle to the 
construction of non-Muslim places of worship. 
 
 
-- Analysis: Asligul Ugdul, director for political affairs at 
the GOT's EU Secretariat, told us this article was added 
under pressure from the German Government.  A community of 
approximately 7,000 Germans in the Alanya region on the 
Mediterranean Coast has been unable to receive permission to 
build a church under the existing legislation.  As long as 
permission depends on local authorities, we expect delays and 
obstruction to continue even under a new amendment. 
 
 
5. (U) Election Broadcasts: Restrictions on pre-election 
campaign broadcasting would be reduced from one week to 24 
hours before election day.  Sanctions would be directed at 
specific programs rather than stations. 
 
 
-- Analysis: In the run-up to the November elections the GOT 
closed a number of TV and radio stations for violating the 
principles of "impartial broadcasting" and "equality among 
political parties." 
 
 
6. (C) Minority Foundations: Recent regulations allowing 
non-Muslim community foundations to own property (reftels 
B-D) would be amended to extend the application deadline from 
six months to 18 months from the date of the original 
legislation.  The original deadline expired in February 2003; 
this measure would apparently extend it to February 2004. 
 
 
-- Analysis: As in the case of Kurdish broadcasting, there 
has been an internal struggle over this reform.  A broadly 
worded legal amendment adopted by Parliament in August was 
followed by a restrictive implementing regulation widely 
criticized by non-Muslim groups.  Parliament in January 
passed a follow-on amendment addressing one such criticism by 
simplifying the approval process for acquiring property. 
This measure is an attempt to address another common 
criticism.  However, the new amendment will not overcome 
other bureaucratic obstacles raised by local officials. 
 
 
7. (C) Anti-Terrorism Law: Article 8 of the Anti-Terror law 
would be repealed.  This measure outlaws written and oral 
communication "aiming at damaging the indivisible unity of 
the State." 
-- Analysis: Article 8 is one of the measures the GOT has 
traditionally used to silence its critics.  Though it is 
purportedly an anti-terror measure, it is used primarily to 
punish critical speech that has no link to violence.  The EU 
has called for the elimination of this measure.  According to 
a press report, the Justice Ministry has changed the reform 
package so that Article 8 would be revised rather than 
repealed (Note: There are conflicting press reports.  Embassy 
will confirm status of the package and report septel. End 
Note). 
 
 
8. (U) Deletion of Criminal Records: Criminal Records 
legislation would be amended to allow for the deletion of 
records in cases where the European Court of Human Rights has 
ruled in favor of a defendant, or where a friendly settlement 
has been reached. 
 
 
-- Analysis: According to a press report the Justice Ministry 
has dropped this draft amendment. 
 
 
9. (U) Honor Killings: The Penal Code would be amended to 
remove measures allowing for lighter sentences in cases of 
"honor killings" -- the killing by immediate family members 
of women who are suspected of being unchaste. 
 
 
-- Analysis: Existing legislation appears to condone this 
practice, which occurs most often in conservative, Kurdish 
families. 
 
 
10. (U) Kurdish Names: Census legislation would be amended to 
remove the prohibition against names that are contrary to the 
"national culture" and "customs and traditions." 
 
 
-- Analysis: Existing legislation is frequently used to ban 
traditional Kurdish names.  In some cases, parents have been 
charged with a crime for selecting such names. 
 
 
11. (C) Broadcasting and Film Boards: Regulations would be 
amended to remove National Security Council (NSC) nominees 
from the High Board of Radio and Television, as well as the 
NSC representative from the Cinema, Video and Musical Works 
Council. 
 
 
-- Analysis: These measures are designed to reduce the 
military's censorship authority.  The military-dominated NSC 
has long been criticized for its role in restricting speech 
critical of the State.  The Justice Ministry has reportedly 
dropped this draft amendment. 
 
 
--------------------------- 
Comment - European Reaction 
--------------------------- 
 
 
12. (C) Several European diplomats told us the draft package, 
at least in its initial form, appears to represent another 
positive step toward meeting EU membership criteria. 
However, a visiting official from the UK MFA's EU Enlargement 
Department complained that this package, like previous reform 
packages, is piecemeal and not prioritized in accordance with 
EU reports.  This lack of order reflects the dynamics of the 
GOT's reform efforts.  Our contacts tell us officials in the 
MFA and EU Secretariat have prepared extensive draft 
legislation designed to meet fully EU membership criteria. 
The officials hold onto these drafts, pulling various 
elements together into packages and sending them to the 
relevant ministries when they sense there is the political 
will to act on them.  If the reports of major revisions to 
this package are accurate, it would appear that the 
pro-reform technocrats miscalculated on the political will to 
promote some of these measures. 
 
 
 
 
 
 
PEARSON