Identifier
Created
Classification
Origin
07ANKARA2468
2007-10-04 12:06:00
CONFIDENTIAL
Embassy Ankara
Cable title:  

TURKEY: POLITICAL REFORMS STALLED AS GOT FOCUSES

Tags:  PGOV PHUM PREL OSCE TU 
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PP RUEHDBU RUEHFL RUEHKW RUEHLA RUEHROV RUEHSR
DE RUEHAK #2468/01 2771206
ZNY CCCCC ZZH
P 041206Z OCT 07
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC PRIORITY 3921
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFISS/EUCOM POLAD VAIHINGEN GE
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RUEKJCS/JOINT STAFF WASHDC//J-3/J-5//
RHEHAAA/NSC WASHDC
RUEUITH/ODC ANKARA TU//TCH//
RUEKJCS/SECDEF WASHDC
RUEUITH/TLO ANKARA TU
RUEHAK/TSR ANKARA TU
RUEHAK/USDAO ANKARA TU
C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 002468 

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/04/2017
TAGS: PGOV PHUM PREL OSCE TU
SUBJECT: TURKEY: POLITICAL REFORMS STALLED AS GOT FOCUSES
ON NEW CONSTITUTION

REF: A. ANKARA 1921


B. ANKARA 2414

C. ANKARA 470

Classified By: Political Counselor Janice G. Weiner, reasons 1.4(b),(d)
C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 002468

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/04/2017
TAGS: PGOV PHUM PREL OSCE TU
SUBJECT: TURKEY: POLITICAL REFORMS STALLED AS GOT FOCUSES
ON NEW CONSTITUTION

REF: A. ANKARA 1921


B. ANKARA 2414

C. ANKARA 470

Classified By: Political Counselor Janice G. Weiner, reasons 1.4(b),(d)

1.(C) Summary: Human rights and European Union contacts are
disappointed that the Justice and Development Party's (AKP)
all-out drive to enact a new "civilian" constitution is
delaying needed reform of controversial Turkish Penal Code
Article 301 (insulting "Turkishness") and re-passage of a new
Foundations Law to improve the rights of non-Muslim religious
minorities. They are skeptical of recent reports that AKP
plans to imminently amend Article 301. These contacts, along
with some Turkish leaders, argue that a truly open and
participatory constitutional reform process is impossible
under existing laws that are frequently used to stifle free
expression. End summary.

--------------
AKP Focused on Constitution
--------------

2.(C) AKP officials have indicated the party has no imminent
plans to address Article 301, the Foundations Law, or other
political issues associated with Turkey's EU harmonization.
AKP MP and Foreign Affairs Committee Chair Murat Mercan
recently told the press Turkey remained committed to reform
but, in light of the constitutional effort, was unlikely to
pass major reforms sought by the EU before the Commission
releases its annual progress report on November 6. In
contrast, AKP vice chair Dengir Mir Firat told us that
re-passing the Foundations Law would be an early
parliamentary agenda item. AKP MP Zafer Uskul, chairman of
parliament's human rights committee, told us that enacting a
new "civilian" constitution is the most effective way to
improve people's lives and harmonize with EU standards. The
opposition Republican People's Party (CHP) had thwarted AKP's
efforts to amend Article 301 during the last government, he
explained. Wholesale constitutional revision would
circumvent such stonewalling. During a September Reform
Monitoring committee meeting, Turkey's Interior and Justice
Ministers reportedly stated their unwillingness to amend

Article 301.

3.(C) Turkey's EU Secretariat Political Chief Cem Kahyaoglu
said that following the July 22 parliamentary elections he
had mistakenly thought the new government would speedily pass
long-needed reforms to fulfill old promises and avoid a
harshly critical EU progress report. Kahyaoglu believes
constitutional reform is necessary and admirable, but is
monopolizing AKP's energy. He expects the EU Commission's
progress report to describe 2007 as a "lost year" for
political reforms.

4.(C) President Gul, Prime Minister Erdogan, and Foreign
Minister Babacan have acknowledged the need to amend Article

301. Following an October 3 meeting with Parliamentary
Assembly of the Council of Europe (PACE) president Rene van
der Linden, Gul said amendment was important because Turkey
has been subjected to unfair criticism due to the article.
Turkish press has cited an unnamed senior AKP official as
saying AKP plans to amend 301 prior to release of the EU
report, by requiring prosecutors to obtain permission from a
higher authority before initiating a 301 case, and by
replacing "Turkishness" with "Turkish nation." Parliament
Speaker Toptan indicated to Ambassador October 4 that
implementation had indeed proven to be the problem with 301
and would be tackled early on. Other contacts were unaware
of any such imminent plans. A representative from the EU
Commission's Turkey office noted that Erdogan, Gul, and
Babacan had not given a specific timeline for an amendment.

--------------
EU Frustrated by Delay
--------------

5.(C) A representative from the EU Commission's Turkey office
told us she is frustrated with the AKP's inaction on Article
301 and the Foundations Law, and concerned that
constitutional reform, though necessary, had become a

ANKARA 00002468 002 OF 002


substitute for progress in other areas. Her colleague noted
that the Commission's optimism following the July elections
has faded. Hopes the GOT would enact key reforms following
elections, rather than wrapping all reforms together in a
longer constitutional process, were gone. Both contacts
questioned the sincerity of AKP's desire to improve freedom
of expression, pointing out that Gul emphasized in his
October 3 speech to the Council of Europe Parliamentary
Assembly that "nobody has been sent to prison under Article
301" (an overused line that does not take into account 301's
chilling effect). They said the Commission's annual progress
report will acknowledge Turkey's technical progress on some
accession issues but point out the GOT's paralysis on
critical political issues.

6.(C) Danish DCM Soren Jacobsen and several EU-country
diplomats said they expect Turkey's lack of progress in 2007
to strengthen opponents of Ankara's EU accession, such as the
Republic of Cyprus and French President Nicolas Sarkozy, who
has repeatedly expressed his preference for a "privileged
partnership" for Turkey. Our French Embassy contact
disagreed, pointing out that French FM Kouchner -- who visits
Turkey October 5 -- had convinced Sarkozy not to freeze talks
related to Turkey's EU accession. He also noted that Foreign
Ministers Kouchner and Babacan had recently agreed to set up
a working group to evaluate alternatives for rapprochement
between Turkey and the EU.

--------------
Human Rights Community Skeptical
--------------

7.(C) Several human rights contacts were skeptical of AKP's
reform strategy. Human Rights Association President Husnu
Ondul told us AKP had failed to follow through to ensure the
judiciary and bureaucracy implemented the numerous legal
reforms Turkey passed in 2004-2005 to convince the EU to
invite Turkey's candidacy. Ondul suspects AKP will use a
lengthy constitutional reform process to delay other urgently
needed but controversial reforms, such as Article 301.
Others, including Turkish Industrialists and Businessmen's
Association (TUSIAD) head Arzuhan Yalcindag, maintain that
open debate on the constitution is impossible unless Article
301 is scrapped or amended. DTP MP and founding HRA
President Akin Birdal agreed that as long as Article 301
exists, Turks will fear expressing their honest opinions.
Birdal pointed to the rash of investigations and lawsuits
brought against DTP members for expressing their political
views on controversial issues (ref C).

--------------
Military Prefers the Slow Lane on Reforms
--------------

8.(U) Lt. General Hilmi Zorlu, head of the Turkish General
Staff's (TGS) Planning and Principles Department, reportedly
cautioned the government to take a slow approach to EU
reforms, during a September inter-agency meeting led by FM
Babacan. According to press reports, General Zorlu warned
AKP not to take further steps on sensitive issues like
Article 301, the Foundations Law or Cyprus.

9.(C) Comment: AKP may be hoping that comprehensive
constitutional changes will lay the groundwork for sensitive
political reforms such as Article 301 and the Foundations Law
-- a strategy that may become apparent once an official draft
of AKP's revised constitution is released. But if they
indeed slow roll action on key reforms until a revised
constitution is in place, they will satisfy no one, save
perhaps the military and opposition. End comment.

Visit Ankara's Classified Web Site at
http://www.state.sgov.gov/p/eur/ankara/

WILSON