TURKEY'S PARTY CLOSURE CASE: CONSTITUTIONAL COURT

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000549 SIPDIS SIPDIS E.O. 12958: DECL: 09/11/2017 TAGS: PGOV PREL PINR TU SUBJECT: TURKEY'S PARTY CLOSURE CASE: CONSTITUTIONAL COURT (LARGELY) OF ONE MIND Classified By: Political Counselor Janice G. Weiner, for Reasons 1.4 (b ,d) ¶1. (C) Turkey's Constitutional Court consists of 11 members, of whom 8 were appointed by the previous president, Ahmet Necdet Sezer, himself a former Constitutional Court judge. Unlike previous presidents coming from a political background, Sezer selected his appointments to reflect not only his own staunch Kemalist worldview, but also his intimate knowledge of the professional records of his former colleagues. Of 145 parties established since the 1980 coup, the court has closed down 24 (two more parties were shut down before the court was established in 1961); the court has rejected the request to shut down 16 parties. Only two parties facing closure survived the process (Hak-Par and Baris Partisi). ¶2. (C) The rapporteur in the AKP closure case is Osman Can. The court has a range of options open to it in the closure case against the governing Justice and Development Party (AKP),including: --dismissing the case; --imposing financial sanction on AKP; --imposing political bans on named individuals; and --closing the party outright. Seven of 11 votes are needed to close a party. ¶3. (C) Observers, regardless of political affiliation, are nearly unanimous in their view that this case was politically motivated; thus it seems likely that the Court's decision will serve its political goals. The May 2007 decision to require a parliamentary quorum of 367 members to elect the president -- which is still criticized -- was widely believed to be a political decision aimed at preventing the election of Abdullah Gul. ¶4. (SBU) Current members of the court are as follows. The President appoints all members, from groups of three nominees for most slots: two regular members and two alternates from the High Court of Appeals (Yargitay); two regular and one alternate from the Council of State (Danistay); one each from the Military Court of Appeals, High Military Administrative Court, and the Court of Accounts (Sayistay). He also appoints one member from the Higher Education Board (YOK), and three regular and one alternate from among senior civil service officials and lawyers. The individual members' backgrounds give some indication of their leanings; anticipated retirement is based on reaching age 65. --Hasim Kilic, President of the Constitutional Court: Born in Kirsehir on March 13, 1950. Graduated from Eskisehir Economic and Commercial Sciences Academy in 1972. He became the assistant auditor of the Sayistay; he was the auditor and senior auditor between 1976 and 1985. He became a member of Court of Accounts in 1985. President Ozal appointed him to the Constitutional Court in 1991. In 1999, he was elected Vice President of the Constitutional Court and was re-elected in 2003. He has seven more years to serve. In his time at the court, he has handled 15 closure cases. He voted against the closure of Islamist parties Refah Partisi (RP, Welfare Party) and Fazilet Partisi (FP, Virtue Party). He also voted against the 367 quorum. He is married with four children. --Osman Paksut, Vice President: Born in 1953. Appointed by President Sezer. He has 11 more years to serve. He voted in favor of the 367 quorum. --Sacit Adali: Born in 1945. Appointed by Ozal in 1993. He has two more years to serve. He voted against closure of RP and FP and against the 367 quorum. --Fulya Kantarcioglu: Born in Ankara on February 17, 1948. Graduated from Ankara University Faculty of Law in 1969. Entered the Danistay in 1970. She became Rapporteur of the Constitutional Court in 1979. She became Deputy U/S at the Ministry of Justice in 1992 and a judge of the Council of State in 1994. President Demirel appointed her to the Constitutional Court in 1995. She has five more years to serve. She voted in favor of closure of RP and FP and in ANKARA 00000549 002 OF 002 favor of 367. She is married with two children. --Ahmet Akyalcin: Born in Afyon on March 4, 1949. Graduated from Ankara University Faculty of Law in 1972. He served as Public Prosecutor, Inspector, and Chief Public Prosecutor at the Ministry of Justice between 1976 and 1996. He was the Deputy U/S of the Justice Ministry in 1996. He served as judge at the 9th and 7th criminal divisions of the Court of Appeals between 1997 and 2000. President Sezer appointed him to the Constitutional Court in 2000. Since 2005 he has also served as the President of the Court of Jurisdictional Disputes. He has six more years to serve. He noted in favor of the closure of FP and in favor of 367. He is married with two children. --Mehmet Erten: Born in Maras on February 9, 1949. Graduated from Istanbul University Faculty of Law in 1974. He served as judge, magistrate, and chief judge at criminal courts between 1978 and 1989. He became the rapporteur of the Court of Appeals in 1989. He was the Prosecutor of the Court of Appeals in 1990. In 1997 he became the judge of the 1st criminal division. President Sezer appointed him to the Constitutional Court in 2002. He has six more years to serve. He voted in favor of 367. He is married. --Serdar Ozguldur: Born in 1955. Appointed by President Sezer in 2004 from the Military Supreme Administrative Court. He has 12 more years to serve. --Abdullah Necmi Ozler: Born in 1945. Appointed by President Sezer in 2004. He has two more years to serve. --Sevket Apalak: Born in 1945. Appointed by President Sezer from the Council of State in 2005. He has two more years to serve. --Serruh Kaleli: Born in 1954. Appointed by President Sezer from among a group of attorneys in 2005. Former member of the Democratic Left Party (DSP). Will serve for 11 more years. --Ayla Perktas: Born in 1949. Appointed by President Sezer in 2007. She has six more years to serve. ¶5. (U) Alternate members serve when required by the President of the Court, if for legal or physical reasons the court cannot convene the regular members. --Alternate member Mustafa Yildirim: Born in 1945. Appointed by President Sezer when he was Malatya governor in ¶2003. He has two more years to serve. --Alternate member Cafer Sat: Born in 1945. Appointed by President Sezer in 2003. He has two more years to serve. --Alternate member Ali Guzel: Born in 1943. Appointed by President Sezer in 2004. He has one more year to serve. --Alternate member Fettah Oto: Born in 1946. Appointed by President Sezer in 2004. He has three more years to serve. Visit Ankara's Classified Web Site at http://www.intelink.sgov.gov/wiki/Portal:Turk ey WILSON