AMBASSADOR MEETS WITH CONSTITUTIONAL COURT

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 005828

SIPDIS


DEPARTMENT FOR EUR/SE


E.O. 12958: DECL: 09/15/2008
TAGS: PGOV PREL PHUM TU
SUBJECT: AMBASSADOR MEETS WITH CONSTITUTIONAL COURT
PRESIDENT BUMIN


REF: ANKARA 4313


Classified by Ambassador Eric S. Edelman; reasons 1.5 (b) and
(d).



1. (U) Summary: In a September 8 introductory meeting,
Constitutional Court President Bumin told the Ambassador he
plans to establish a Free Speech Committee of Turkish
jurists. He said the GOT should advance human rights reform
and EU membership by focusing on implementing recent legal
amendments, though it will also be necessary to make minor
amendments to the constitution to emphasize the supremacy of
international law. He argued that Turkey faces no problems
regarding religion, though some have created the impression
of a problem involving Islamic headcovering. The Ambassador
said the US will continue to support judicial reform in
Turkey, and to strongly back Turkey's EU candidacy. He said
the US is particularly interested in ensuring full compliance
with the Hague Convention on Child Abduction. End Summary.


--------------
Free Speech Committee
--------------



2. (U) Bumin told the Ambassador his May Embassy-sponsored
visit to the US (reftel) was valuable. Although Turkey and
the US have different legal systems, the two nations share
the same basic values. The Turkish Constitutional Court pays
close attention to rulings of both the US Supreme Court and
the European Court of Human Rights (ECHR) and makes
references to them in its own decisions. Bumin said he plans
to establish a Committee on Freedom of Speech, following up
on a suggestion made to him on his US trip by the Institute
for the Study and Development of Legal Systems. Bumin will
serve as chairman of the Committee, which will include
representatives from the Supreme Court of Appeals, the
Council of State, the Constitutional Court, and academia.
The Committee, which should be operating before the judicial
recess next July, will issue reports, make declarations, and
publicize the work of the Constitutional Court. Its work
will support Turkey's EU bid.


--------------
Reform Implementation, International Law
--------------



3. (U) The Ambassador said the Embassy will be available to
help the Committee in any way possible. The Embassy will
also continue and enhance efforts to support judicial reform
in Turkey, and will continue to strongly back Turkey's EU
candidacy. He asked whether Bumin agrees with those in
Turkey and Europe who have called for a major re-drafting of
the Turkish Constitution. Bumin asserted that the gap
between Turkey and the West in free speech and other human
rights fields is not as great as some have claimed. Most of
the problems relate to Turkey's legal codes, not the
Constitution, and many of these have been addressed by recent
legislative reforms. The primary challenge for the GOT NOW
is to implement these reforms. There are a couple of
articles of the Constitution that need to be amended, as the
presidents of both the Supreme Court of Appeals and Turkish
Bar Association have recently stated. Article 90 poses a
problem, particularly in the eyes of the EU, because it fails
to establish clearly the supremacy of international
agreements over domestic law. The failure of the judiciary
to recognize Turkey's obligations under the European
Convention on Human Rights, for example, has led to numerous
ECHR rulings against Turkey.


--------------
Child Abduction
--------------



4. (SBU) The Ambassador said the US has a special interest in
encouraging GOT compliance with the Hague Convention on Child
Abduction. Abduction cases tend to be highly sensitive and
tragic, and often bring international obligations and
domestic law into conflict. These cases can easily
degenerate into public controversies, and governments must
manage them carefully. A greater understanding of
international law would help smooth the process. Bumin
agreed, but said some Turkish jurists unfortunately do not
share his views on international law.


--------------
Bumin: Headscarf Issue "False" Problem
--------------



5. (U) The Ambassador asked whether the reform process would
change the Turkish State's approach to religion. Bumin
argued that Turkey faced no real problems relating to
religion -- all are free to practice their faith. However,
some people are creating a false impression of a religious
problem relating to the wearing of Islamic-style
headcovering. He said religious headcovering is tolerated in
Turkey, except when it conflicts with "legitimate concerns."
For example, all professions have rules, including rules of
attire. However, in Turkey there are people who become
nurses and soldiers and then insist on replacing a part of
their uniform with Islamic-style headcovering. The Turkish
judiciary maintains that this is not a religious right, a
position supported by a number of ECHR rulings siding with
the GOT in cases like these, he claimed.


--------------
Comment
--------------



6. (C) Bumin's view of the headscarf issue is indicative of
his engagement in the reform process. On some specific
issues he is a supporter and on others he defends the status
quo.


EDELMAN