TURKEY'S RULING PARTY FINED BUT NOT CLOSED BY

UNCLAS ANKARA 001373 SIPDIS E.O. 12958: N/A TAGS: PGOV KDEM TU SUBJECT: TURKEY'S RULING PARTY FINED BUT NOT CLOSED BY CONSTITUTIONAL COURT REF: A. ANKARA 1342 ¶B. ANKARA 1310 ¶1. (U) In a six to five vote, Turkey's Constitutional Court decided July 30 not to close the ruling Justice and Development Party (AKP),ending weeks of uncertainty and speculation about Turkey's political future. While six judges voted for closure, the constitution requires that at least seven judges vote in favor of banning for a party to be closed. Four justices voted to withhold state funds, and one judge supported neither closure nor a fine. Falling short of a closure vote, the 11-member Court agreed instead to halve AKP's state funding, worth approximately $58 million - a mild penalty for a party with AKP's resources. ¶2. (U) Under this ruling, President Gul will continue in office and PM Erdogan and his government will remain in place. None of the 71 AKP members at risk of being banned, including Erdogan, Gul and five ministers, will be banned. Chief Justice Kilic stated it is "out of the question" any party members would be banned, given the decision not to close the party. Kilic said the Court will issue a detailed verdict soon. The ruling takes effect once the Court's legal reasoning is published in the Official Gazette. ¶3. (U) The Court's decision comes in record time; previous closure cases have required at least two weeks of deliberations. Kilic noted the judges agreed the case should be finalized as quickly as possible, adding they had reviewed the case carefully, with full awareness of its significance. The outcome short of closure will send a cautionary message to AKP members without prolonging the uncertainty that has preoccupied the country since the case was filed in March. In announcing the verdict, Chief Justice Kilic said he hopes AKP will "draw the necessary lessons" from the decision, which he called a serious warning to the party. He appealed to political leaders to implement constitutional and legal reforms to bring Turkey's political party laws into conformance with Western standards, adding that such measures should have been taken sooner. Kilic urged all sectors to reduce the tension that has gripped the country. Visit Ankara's Classified Web Site at http://www.intelink.sgov.gov/wiki/Portal:Turk ey WILSON