US embassy cable - 03ANKARA4871

C O N F I D E N T I A L ANKARA 004871 
 
SIPDIS 
 
 
E.O. 12958: DECL: 07/30/2013 
TAGS: PGOV, PREL, TU 
SUBJECT: TURKEY: SUPREME COURT JUSTICE COMMENTS ON REFORM 
PROCESS 
 
 
REF: A. ANKARA 4834 
     B. ANKARA 4862 
     C. ANKARA 4856 
 
 
(U) Classified by Acting Political Counselor Nicholas S. 
Kass.  Reason: 1.5(b)(d) 
 
 
1. (C) Hasim Kilic, a senior Justice of the Turkish 
Constitutional Court and a leading proponent of comprehensive 
reform in Turkey, offered to A/Polcouns on Aug. 1 his views 
on the AK Government legislative program and the prospects 
for further democratization.  According to Kilic, AK's 
legislative reforms concerning the powerful National Security 
Council (NSC), which passed parliamentary muster July 30, 
constitute an important step in redressing civilian-military 
imbalance, particularly in that they make possible the 
assignment of a civilian to fill the post of NSC SecGen. 
 
 
-- President Sezer, Kilic said, is unlikely to veto the 
package despite the express reservations of military 
hard-liners to the changes (ref A and previous).  Kilic 
expressed hope that the AK Government would eventually return 
to the issue of bringing military budgeting under the control 
of elected civilians. 
 
 
-- Kilic asserted that the most important change the AK 
Government could make would be to transform the Turkish State 
system by increasing the powers of the president and 
subjecting the office to popular elections -- a move that the 
"Deep State" (military/bureaucratic Establishment) would find 
objectionable as long as AK was in power, he noted.  In 
theory, these measures would serve to: 1) streamline the 
system; and 2) allow an elected leader to cut through the 
opposition of the entrenched, Establishment interests who 
oversee the function of government and implementation of 
policy, he said. 
 
 
2. (C) Above all, Kilic asserted, implementation of reforms 
is the key to Turkey's future success on the political front. 
 "Let me be frank," he said.  The High Court and other 
elements of the judiciary are still subject to "telephone 
calls from senior military officers telling judges how to 
rule" on particular matters.  This, Kilic believed, would 
take time to change.  It will also require "courage" and 
independent-mindedness on the part of judicial officials, 
"who over the past 80 years" (i.e., since the inception of 
the Kemalist Republic) have been habituated to timidity, he 
asserted. 
 
 
-- One way to improve the judiciary would be to give 
Parliament a say over who sits on the senior bench, Kilic 
added.  He noted that currently, the legislature "has no 
authority whatsoever" over an appointment process formally 
dominated by the presidency. 
 
 
-- Kilic also observed that the current session of the 
Supreme Military Council (YAS) is crucial.  It provides TGS 
Chief Ozkok a chance to push out hard-line senior commanders 
who oppose reform, he said.  Kilic expressed optimism that 
Ozkok would prevail, given that the hard-liners really could 
offer no alternative vision for Turkey. 
DEUTSCH