TURKEY: PARLIAMENT FAILS TO ADOPT ANNOUNCED REFORM

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 003985

SIPDIS

SIPDIS

DEPARTMENT FOR EUR/SE

E.O. 12958: DECL: 07/07/2026
TAGS: PGOV PREL PHUM KIRF PTER EU TU
SUBJECT: TURKEY: PARLIAMENT FAILS TO ADOPT ANNOUNCED REFORM
PACKAGE

REF: A. ANKARA 2053


B. ANKARA 3312

C. ANKARA 2206

D. ANKARA 2854

Classified by Polcouns Janice G. Weiner; reasons 1.4 (b) and
(d).


1. (U) Summary: Parliament went into recess July 1 after
passing only four minor elements of a reform package designed
to boost Turkey's EU candidacy, although FM Gul, in April,
had urged MPs to adopt the full package before the end of the
legislative session. A number of controversial measures were
postponed, including one designed to allow religious
minorities to reclaim some expropriated properties, and
another that would have established an independent government
human rights institution. Meanwhile, MPs adopted an
anti-terror law that EU officials and human rights activists
believe could roll back some of the progress gained during
Turkey's EU reform process. The anti-terror law also left
unchanged the Turkey-focused definition of terrorism. End
Summary.

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MPs Fail to Adopt Full Package
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2. (U) FM Gul in April announced a package of legal reforms
he wanted Parliament to adopt before the summer recess in
order to advanceTurkey's EU candidacy (reftel A). The
package included measures designed to address the property
rights of religious minorities, establish an independent
government human rights monitoring body, combat corruption,
and increase the independence of religious minority schools.
However, Parliament went into recess July 1 after completing
only four relatively minor elements of the package. MPs are
not scheduled to reconvene until October 1, shortly before
the European Commission is due to release its annual progress
report on Turkey. The day after Parliament closed, EU
Enlargement Commissioner Rehn told a Turkish TV reporter,
"Right now the reform process (in Turkey) has run into
difficulties and it is important that reforms will be
continued."


3. (U) The four measures of the package adopted by Parliament
are:

-- Ombudsman: A government ombudsman's office would be
established to receive complaints by citizens regarding
government services and operations. President Sezer vetoed
this measure on July 1, arguing that the office, which would
be under parliamentary authority, would give to Parliament
powers it has no right to exercise under the Constitution.
Parliament could override the veto by passing the measure a
second time without changes, a point Rehn emphasized in
public comments. Sezer could respond to an override by
submitting the legislation to the Constitutional Court for
review. Rehn called the ombudsman's office "a cornerstone of
a European constitutional state" and said, "We expect Turkey
to create this post."

-- Military Courts: Military courts will be prohibited from
trying civilians, except in cases involving crimes committed
by both civilians and military personnel.

-- Corruption: Parliament adopted the UN Convention on the
Fight Against Corruption.

-- Human Rights: Parliament adopted Protocol No. 14 to the
Convention for the Protection of Human Rights and Fundamental
Freedoms.

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Controversial Anti-Terror Law Approved
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4. (SBU) Parliament also adopted an anti-terror law, which
was not part of the package announced in April. MPs passed

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the measure without amending articles that EU officials, as
well as Turkish scholars and human rights activists, have
said could roll back some of the progress on human rights
gained during Turkey's EU reform process (reftels B-C).
Moreover, lawmakers failed to internationalize the definition
of terrorism in the law. As reported reftel D, the Turkish
Justice Ministry responded to our expression of concern about
the definition by insisting that existing Turkish law gives
GOT authorities all the tools they need for effective
international cooperation against terrorism.

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Controversial Measures Postponed
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5. (C) Some of the measures that MPs failed to adopt are
complex and controversial. For example, EU officials have
long criticized the draft "foundations" bill that would have
enabled non-Muslim communities to reclaim some of the
properties expropriated by the Turkish state. The EU
maintains that the bill is inadequate, largely because it
would not provide compensation for properties the state has
expropriated and sold to third parties. Ahmet Aydin Dogan,
political director at the Secretariat General for EU Affairs,
told us MPs decided to drop the bill because they could not
resolve the compensation issue. Dogan said he argued that
Parliament should adopt the bill, which, though imperfect, is
better than current legislation. He expects the European
Court of Human Rights to issue a ruling over the next few
months on a case involving compensation for properties seized
from non-Muslim communities. He believes the court will rule
against Turkey, forcing the GOT to create a compensation
mechanism.


6. (C) Another measure Parliament failed to adopt would have
established an independent human rights monitoring
institution, along guidelines known as the "Paris
Principles." The Danish Embassy and the Danish Institute for
Human Rights had been engaged in discussions with the GOT for
over a year aimed at establishing an institution similar to
the Danish Institute. The institution wold be government
funded, but would maintain its independence, similar to the
judiciary. However, the Danish DCM told us GOT leaders do
not appear to support the idea of an independent body. He
said the Danes have not discussed the issue with the GOT for
several months.

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Comment: Effort Falls Short
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7. (C) GOT contacts in April acknowledged to us that they put
this reform package together hastily in response to what they
considered unfair criticism by EU representatives claiming
that Turkey has lost enthusiasm for reforms. Several MPs
told us they would do their best to comply with Gul's request
to adopt the full package by July, but weren't sure they
would have enough time. The April announcement was an
attempt to create a sense of momentum on the EU front; it was
well intentioned and produced some results, but unfortunately
fell short.


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WILSON