AK PARTY ANNOUNCES SWEEPING HUMAN RIGHTS REFORM

C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 008586

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 11/25/2007
TAGS: PGOV PREL PHUM TU
SUBJECT: AK PARTY ANNOUNCES SWEEPING HUMAN RIGHTS REFORM
PLAN


(U) Classified by DCM Robert Deutsch; reasons 1.5 (b)(d).



1. (C) Summary: PM Gul announced Nov. 23 a broad plan
including sweeping legal changes designed to bring Turkey
into full compliance with EU human rights standards. The GOT
is also preparing to introduce a 36-article legislative
reform package in support of the plan. The administration
intends to draft a new constitution, improve the judicial
system, and combat torture and discrimination. Gul also
pledged expanded cooperation with the U.S. and support for
Cyprus negotiations. The reform program, rich in substance,
signals the AK Government's determination to govern -- and to
introduce fundamental and much-needed democratic changes in
the way political and economic life is conducted and ordered
in Turkey. End Summary.


--------------
PM Announces Action Plan
--------------



2. (U) PM Gul read out portions of the GOT's new "Emergency
Action Plan" before Parliament Nov. 23. The plan promises
sweeping changes to Turkey's laws and practices designed to
quickly meet the EU's Copenhagen Criteria. In the field of
human rights, elements of the 64-page plan include:


-- Development of a new, "more pluralist and liberalist"
constitution, replacing the current 1982 constitution, which
was drafted in the aftermath of the 1980 military coup and
contains authoritarian language.


-- A broad, government program to end torture and other human
rights abuses.


-- Amendments to laws inconsistent with the Copenhagen
Criteria, the European Convention on Human Rights, or the
Universal Declaration of Human Rights, and a commitment to
enforce the law according to the spirit of these conventions.


-- Amendments to laws restricting freedom of expression and
the right to own property.


-- Strengthening of civil society and an enhanced role for
NGOs.


-- Legal amendments designed to make political parties more
democratic and transparent.


-- Legal amendments designed to strengthen the independence
of the judiciary.


-- Replacing the controversial State Security Courts with a
new court system for handling terrorism, organized crime, and
economic crime.


-- Establishment of more streamlined trial procedures to
expedite trials.


-- Elimination of state discrimination in regard to religion,
race, gender, or political belief.


--------------
Enhanced U.S. Relations, Cyprus Negotiations
--------------



3. (U) In addition, Gul said the GOT would build on Turkey's
close strategic and military relations with the U.S. to
expand cooperation in trade, investment, and technology. He
also pledged improved relations with Greece, said a solution
for Cyprus "has to be found," and welcomed UNSYG Annan's
proposal as a basis for Cyprus negotiations. Gul's comments
followed statements by AK Party leader Tayyip Erdogan
November 21 that Turkey's EU candidacy was tied to progress
on Cyprus and ESDI. Rejecting past GOT refusals to accept
links among the three issues, Erdogan said, "hawkish policies
will get us nowhere." (Comment: Erdogan's and Gul's remarks
continue to irritate Cyprus hardliners in the press and
elsewhere -- septel. End comment).


--------------
Legislative Package in the Wings
--------------



4. (C) The GOT is also preparing to introduce a 36-article
legislative reform package in support of the plan. The
package has not been released, but according to press reports
and local EU representatives, it will include:


-- Expanding the right of retrial pursuant to rulings of the
European Court of Human Rights (ECHR). D/PM Yalcinbayir, in
charge of the human rights portfolio, has indicated the
amendments would enable currently incarcerated convicts to be
retried in a Turkish court if the ECHR rules/has ruled in
their favor. (Note: In August 2002, Parliament passed an
amendment allowing for retrial based on ECHR rulings, but the
measure was not retroactive and would apply only to cases
brought to the ECHR starting in 2003. EU representatives
have criticized the August amendment as inadequate, noting
that the Copenhagen Criteria specifically require Turkey to
address the issue of prisoners currently jailed for
non-violent political activities. End note.)


-- Removing obstacles to prosecuting public servants. (Note:
Under current law, prosecutors must obtain the approval of a
public servant's supervisor in order to prosecute. End Note).


-- Providing an amnesty for students banned from universities
for demanding education in Kurdish, as well as for those
banned for wearing Islamic headscarves.


-- Re-drafting the regulation on minority foundations, making
it easier for non-Muslim foundations to own property.


-- Relaxing rules governing the operations of international
and domestic NGOs.


-- Revising the Law on Political Parties to make it more
difficult to close parties.


--------------
Procedural/Timeline Issues
--------------



5. (C) Two senior AK officials -- one close to Erdogan, the
other close to Gul -- told us Nov. 25 that there is as yet no
definite timeline for introducing and passing the reform
package, nor is it clear yet specifically which of the
elements of the package will be first on the agenda. They
asserted that the AK-dominated Parliament could pass
"everything" prior to the Dec. 12 EU Copenhagen summit.
Turhan Comez -- formerly Erdogan's Chef de Cabinet, now an
M.P. from Balikesir -- said that Gul and Erdogan are working
out the details together, and the process will accelerate
after Erdogan returns from abroad this week. Comez also
noted that the Parliament will soon determine the roster and
leadership of relevant committees, adding that, with its huge
majority and "unwavering determination," the AK Government
will be able to get all of the Copenhagen Criteria-related
elements of its plan through the legislature by Dec. 12.



6. (C) A long-serving Supreme Court Justice told D/Polcouns
Nov. 22 that in his opinion there are no procedural obstacles
to rapid passage of AK's program. In terms of the
formalities of legislative practice, "AK can have all the
changes it wants in a month without much difficulty," even
after factoring in procedural details including committee
assignments and scheduling debates. The important unresolved
questions are largely political, he said. In fact, AK seems
to be moving relatively slowly in order to protect its flanks
politically from the elected Parliamentary opposition, the
bureaucracy, and a suspicious Deep State. (Note: The Justice
also thought that Erdogan is happy to have Gul in place as
P.M. to deflect some of the flak that might be directed at AK
by the Kemalist Establishment. However, regarding
constitutional matters, the Justice asserted that it is
imperative for the sake of democracy that Erdogan's current
ineligibility for public office be rescinded and that he take
his place in the formal government as soon as possible. End
Note).
--------------
Comment
--------------



7. (C) The AK GOT's bold new plan is rich in substance. It
builds on both the 9-point human rights program Erdogan
submitted Nov. 6 to EU-member-state Ambassadors, and the
economic "Emergency Action Plan" he announced Nov. 16. While
designed to bolster Turkey's EU candidacy, the AK
Government's proactive approach also signals its
determination to govern Turkey, rather than simply to take
cues from traditional power centers.



8. (C) Indeed, the AK Government is trying to introduce
fundamental and much-needed changes in the way political and
economic life is conducted and ordered in Turkey. It is
staying on message, reiterating a desire to end the
longstanding Kemalist practice of "guiding" (or interfering
in) the private lives of Turkish citizens. The new GOT is
also insisting on democratizing changes designed to force an
out of touch Kemalist Establishment to recognize Turkish
realities -- and accord official respect not only to
secularist elites, but also to more conservative and other
"undesirable" elements long relegated to the political,
social, and economic sidelines.
PEARSON