Identifier
Created
Classification
Origin
02ANKARA8881
2002-12-10 12:55:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

GOT'S LATEST REFORM PACKAGE - SCORECARD AND

Tags:  PGOV PREL PHUM TU 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 008881 

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 12/10/2007
TAGS: PGOV PREL PHUM TU
SUBJECT: GOT'S LATEST REFORM PACKAGE - SCORECARD AND
ANALYSIS


REF: A. ANKARA 8586

B. ANKARA 7290

C. ANKARA 6116

D. ANKARA 8569


Classified by DCM Robert Deutsch; reasons 1.5 b and d.


C O N F I D E N T I A L SECTION 01 OF 03 ANKARA 008881

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 12/10/2007
TAGS: PGOV PREL PHUM TU
SUBJECT: GOT'S LATEST REFORM PACKAGE - SCORECARD AND
ANALYSIS


REF: A. ANKARA 8586

B. ANKARA 7290

C. ANKARA 6116

D. ANKARA 8569


Classified by DCM Robert Deutsch; reasons 1.5 b and d.



1. (U) Summary: The GOT has prepared extensive legislative
reforms designed to crack down on torture and remove barriers
to free expression, association, and fair trial. Parliament
will likely pass the reforms quickly, possibly before or
during the December 12-13 EU Summit in Copenhagen. The
reforms will bring Turkey significantly closer to meeting EU
membership criteria. End Summary.



2. (U) The new GOT administration has completed its list of
proposed legislative reforms; during Cabinet review the
original 36-article draft (Reftel A) was broken into two
packages, with a few controversial measures separated from
the rest. The parliamentary Constitutional and Justice
committees will review the packages December 10 and the full
Parliament is scheduled to take them up December 11. GOT
officials say they expect both packages to be approved in
December, and hope the first can be passed before or during
the December 12-13 EU Summit.



3. (U) The following is a summary and analysis of the key
elements of the two packages:


--------------
FIRST PACKAGE
--------------



4. (C) Torture: In torture cases, judges will not have the
authority to suspend sentences or convert prison sentences to
fines. In cases where a civil servant is accused of torture,
it will no longer be necessary to receive permission from the
civil servant's supervisor in order to investigate.


-- Analysis: Eliminates two important elements of the climate
of impunity for torturers and sends a very strong signal that
the GOT is getting serious about the problem. In current
practice, it is extremely difficult to investigate police
accused of torture, and even when police are tried and
convicted they rarely do jail time.



5. (U) Non-Muslim Foundations: Non-Muslim foundations will be
able to acquire property with the permission of the General
Directorate of Foundations. Currently, foundations must
receive permission from the Cabinet.



-- Analysis: Addresses one of the shortcomings of the recent
legislation on non-Muslim foundations, but not others. For
example, existing regulations appear to apply only to the
minority groups traditionally recognized under the Lausanne
Treaty -- Greek Orthodox, ARMENIAn Orthodox, and Jews (Reftel
B).



6. (U) Press: It will not be possible to force the owners of
media outlets to disclose news sources.


-- Analysis: The amendment refers to "owners," and it is
unclear how broadly it would be applied. A human rights
attorney told poloff he believed it would also cover
reporters.



7. (C) Parliamentary/Political Party Eligibility: The list of
criminal convictions rendering someone ineligible to be
elected to Parliament or join a political party will be
shortened. Most importantly, convictions under Penal Code
Article 312, relating to illegal speech, will no longer
constitute an ineligibility. Persons will generally be
ineligible to join a political party if they have been
sentenced to five or more years imprisonment, up from the
current standard of more than three years. Anyone convicted
of committing "terrorist acts" will be barred from Parliament
and political parties.


-- Analysis: Article 312 is one of the measures most commonly
used by the State to limit free expression and keep
"threatening" figures (Islamists, leftists, Kurdish
activists) out of politics. Recep Tayyip Erdogan, leader of
the ruling AK Party, is currently prevented from assuming the
title of Prime Minister because of a 312 conviction. One
flaw in this amendment: there is no definition of "terrorist
acts," a charge that has been applied broadly to include such
acts as chanting slogans in Kurdish or demanding education in
Kurdish.



8. (U) Party Closure: A three-fifths majority of the
11-member Constitutional Court will be required to close a
political party; the law currently requires only a simple
majority. Also, it will be possible to close parties only
for reasons stated in the Constitution; current law also
allows for closure under the more extensive reasons cited in
the Political Parties Law. While the wording of the
Constitution is designed to outlaw party activities that
threaten the "independence and territorial integrity of the
State," the Political Parties Law cites a long list of
specific prohibitions, for example against parties that "rest
on the foundation of region," "engage in activities abroad,"
or use languages other than Turkish. Parties will have the
right to appeal closure rulings.


-- Analysis: Closure, or the threat of closure, has been used
repeatedly against Islamist and pro-Kurdish parties, and some
of the measures have been approved by a simple 6-5 majority.



9. (C) Associations: A number of restrictions on
associations will be removed. It will be possible to create
associations for any purpose not in violation of the
Constitution or laws pertaining to national security, public
health and order, and the liberty of others. Current law
includes a list of specific purposes for which associations
cannot be created. Associations will be required to use the
Turkish language only in written communication with official
GOT institutions; currently they are required to use Turkish
for all communication. Associations will no longer be
required to notify a local government official 24 hours in
advance of releasing a statement. Turkish associations will
have more freedom to establish branches abroad and interact
with international associations, and international
associations will have more freedom to operate in Turkey.


-- Analysis: Eliminates a series of highly restrictive
measures that have been used to restrict the free expression
of various groups. The current notification requirement for
statements serves as a form of censorship -- local officials
often ban statements before they are released. These
restrictions have damaged Turkey's international image,
particularly due to their impact in foreign organizations.





10. (U) Attorney Access: Suspects charged in State Security
Courts, which generally handle terrorist and separatist
cases, will have the right to immediate attorney access.
Currently they are entitled to see an attorney after 48
hours. Suspects accused of ordinary crimes are already
allowed immediate attorney access.


--------------
SECOND PACKAGE
--------------



11. (C) Retrial Pursuant to ECHR Rulings: Defendants
convicted in Turkish courts will be able to apply for a
retrial if the European Court of Human Rights (ECHR)
rules/has ruled in their favor. This amendment will apply to
cases in which the ECHR has ruled prior to the passage of the
legislation, as well as to cases brought to the ECHR
following passage. However, it will not apply to cases under
ECHR review at the time of passage. A more limited measure
passed in August (Reftel C) applies only to cases brought to
the ECHR starting in 2003.


-- Analysis: The EU's Copenhagen Political Criteria require
Turkey to address the issue of prisoners currently jailed for
non-violent political activity, something the August
amendment failed to do. Thus, this measure removes one of
the more substantial arguments against Turkey's EU candidacy.
This opens the door to a retrial in the high-profile case of
Leyla Zana, former parliamentarian from the pro-Kurdish DEP
Party, as well as an estimated 300 other current prisoners.
The dubious exception for cases currently under ECHR review
is designed to prevent jailed PKK leader Abdullah Ocalan from
seeking a retrial. This legal sleight of hand is unlikely to
draw much protest from the EU -- local European diplomats
tell us their governments do not want to see a new trial for
Ocalan.



12. (C) Student Suspensions: Students suspended from
universities for wearing Islamic head covering or for
demanding education in Kurdish will have their suspensions
erased and their disciplinary records annulled.


-- Analysis: The new GOT has generally been downplaying
Islamic issues to avoid alarming those concerned about AK
Party's perceived Islamist roots. Combining the headscarf
issue with Kurdish language rights is a smart move -- it
places the headscarf controversy in a broader context and may
win points with a Kurdish community generally suspicious that
AK will focus exclusively on Islamic rights at their expense.


--------------
COMMENT - WHAT'S MISSING?
--------------



13. (C) The AK Government has done everything possible, given
the short period since it took power Nov. 18, to carry out
human rights reform and enhance Turkey's EU prospects at
Copenhagen. AK has also indicated a desire to tackle more
deeply rooted obstacles to reform, which will require far
more than legislation. AK leaders are now trying to build a
broad consensus in favor of dismantling and reforming the
restrictive State apparatus that has been a focal point of EU
and western criticism. In pursuing this agenda, AK is likely
to draw substantial support from a Turkish public eager for
change. Nevertheless, it will face stiff resistance from
bureaucratic and other elements of the State interested in
maintaining the status quo -- and their privileged place in
it. The key obstacles that need to be addressed are:


-- Redrafting Laws: The GOT packages are informed by a
constitution, written under the direction of the military
after the 1980 coup, that has been an obstacle to
democratization. PM Gul has announced his Government's
desire to draft a new, more flexible and open constitution.
However, AK will have to be careful to avoid charges that it
is "undermining Kemalism" -- explicitly prohibited by the
current constitutional framework -- or promoting
"reactionary" Islam.


-- The Southeast: The GOT has lifted the state of emergency
in the southeast, but has no "post war" plan for developing
the region (Reftel D). The EU's Copenhagen Criteria require
Turkey to develop such a plan.


-- Civil-Military Relations: The GOT has increased the number
of civilian members of the National Security Council, but the
military still plays an often dominant role in government, a
fact often cited by European diplomats skeptical of Turkey's
EU candidacy (septel). The Copenhagen Criteria specify the
need to limit the NSC to its formal, advisory role.
DEUTSCH