PARLIAMENT TO REVIEW CONSTITUTIONAL REFORMS

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 002425 SIPDIS DEPARTMENT FOR EUR/SE E.O. 12958: DECL: 04/29/2014 TAGS: PGOV PREL PHUM TU SUBJECT: PARLIAMENT TO REVIEW CONSTITUTIONAL REFORMS REF: A. ANKARA 2294 ¶B. ANKARA 2189 Classified by Acting Polcouns Charles O. Blaha. Reasons 1.4 (b) and (d). ¶1. (U) Summary: The Turkish Parliament is set to review a 10-article package of constitutional amendments designed to bring Turkey closer to the Copenhagen Criteria for EU membership. The amendments would: abolish the State Security Courts (SSCs); open the military budget to court audit; remove military candidates from the Higher Education Board (YOK); promote gender equality and press freedom; and establish the precedence of international agreements over Turkish law. Parliament is expected to adopt the reforms in May. End Summary. ¶2. (C) Burhan Kuzu, chairman of the parliamentary Constitutional Committee, told us April 28 that the Committee on April 30 will review the constitutional amendments. Kuzu said the full Parliament will vote on the package May 4 and ¶7. Oguz Oyan, deputy secretary general of the opposition Republican Peoples' Party (CHP),told us CHP will vote against the package. Oyan complained that the ruling AK Party declined CHP's request to include a measure eliminating immunity for MPs, and said AK should develop a more comprehensive package rather than pursuing a "piecemeal" approach. Nevertheless, our contacts among AK MPs and parliamentary staffers predict Parliament will adopt the package in May as planned. -------------- Summary and Analysis -------------- ¶3. (U) The following is a summary and analysis of the proposed constitutional amendments: ¶4. (C) State Security Courts: SSCs would be abolished; Article 143 of the Constitution, on the establishment of the SSCs, would be removed. -- Analysis: SSCs are special courts designed to hear cases involving offenses "against the indivisible integrity of the State." Their ostensible purpose is to try terrorists, narcotraffickers, criminal gang members and other highly dangerous criminals. However, the State has long used the SSCs to silence its critics; many SSC defendants face trumped-up charges relating to non-violent written or spoken criticism of the State. SSCs are authorized to hold closed hearings and admit testimony taken in the absence of counsel. The European Court of Human Rights has frequently overturned SSC convictions, including the 1994 conviction of Kurdish former MP Leyla Zana and co-defendants. Members of the European Parliament and EU member-state governments have harshly criticized the April 21 SSC re-trial ruling upholding that conviction (reftel A). The GOT would clearly be taking a step in the right direction by shutting down the SSCs, but the impact of the measure will be limited without more comprehensive judicial reforms. Justice Minister Cicek told the Ambassador April 14 (reftel B) that the SSC caseload will be taken up by the heavy penal courts, which share the pro-prosecution bias of the SSCs. Yusuf Alatas, lead defense attorney in the Zana case, averred to us that in some ways it is even more difficult to mount a defense in a heavy penal court than an SSC. For example, SSCs allow defense attorneys to object to court decisions, while heavy penal courts do not, he said. ¶5. (C) Military Budget: The expenditures and assets of the armed forces would be subject to audit by the Audit Court (Sayistay),which is charged with auditing all other government departments. Article 160 of the Constitution would be amended to remove language stating that the audit of the armed forces must be secret. -- Analysis: Turkey's Constitution was drafted under military influence shortly after the 1980 coup, and its content reflects the military's interest in maintaining ultimate authority over governance. The EU has called on the GOT to adopt this reform, the latest in a series of measures intended to enhance civilian control over the military. ¶6. (C) Higher Education Board: The Turkish General Staff (TGS) would lose the authority to nominate members of the Higher Education Board (YOK). Article 131 of the Constitution would be revised to remove language stating that the TGS Chief is among those entitled to submit YOK candidate nominations to the President. The Council of Ministers and universities would retain the authority to make nominations. -- Analysis: This is another reform the EU has insisted the GOT adopt to enhance civilian control over the military. The EU has also called on the GOT to remove the National Security Council (NSC) representative from the High Board of Radio and Television (RTUK). Our contacts say the GOT will shortly revise the RTUK statute to remove the NSC representative; unlike YOK membership, RTUK membership is not covered in the Constitution. ¶7. (U) Gender Equality: The words "men and women enjoy equal rights" would be added to Article 10 of the Constitution, which already contains language on gender equality. -- Analysis: Our GOT contacts say this language was added in order to more closely mirror the wording on gender equality found in the constitutions of EU member states. ¶8. (C) Press Freedom: Article 30 of the Constitution would be revised so that it no longer authorizes the State to seize printing presses or other publishing equipment. The article currently authorizes the confiscation of such equipment if it has been used for offenses "against the indivisible integrity of the State." -- Analysis: Article 30 is only one of many tools employed by the State to punish and censor controversial speech. However, this reform could prove significant, especially in the southeast, where police frequently seize equipment from small leftist and pro-Kurdish publications. ¶9. (U) International Agreements: A paragraph would be added to constitutional Article 90 stating that in case of a conflict between Turkish law and an international agreement signed by Turkey, the international agreement would take precedence. -- Analysis: With this amendment, the GOT is signaling to the EU that Turkish nationalism will not prevent the GOT from honoring international agreements, including those relating to human rights. ¶10. (U) Death Penalty: A number of constitutional articles would be revoked or amended to remove references to the death penalty. -- Analysis: The GOT has already revoked the death penalty, removing it from the Penal Code. These amendments bring the Constitution into conformity with the new laws. EDELMAN