TURKEY: AKP CLOSURE CASE UPDATE (3/21)

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000550 SIPDIS SIPDIS E.O. 12958: DECL: 03/21/2017 TAGS: PGOV PREL TU SUBJECT: TURKEY: AKP CLOSURE CASE UPDATE (3/21) Classified By: Political Counselor Janice G. Weiner, for Reasons 1.4 (b ,d) ¶1. (C) SUMMARY. "Rule of law" is the watch phrase for one key retired general, who defends the case against the ruling Justice and Development Party (AKP) by arguing that they were acting outside the bounds of legitimacy. His views illustrate the strain between the military and its traditional allies in the opposition parties. Meanwhile AKP's next steps in parliament are hotly debated among politicians and jurists, while media commentators urge AKP to prove its bona fides and keep its eye on the EU ball. END SUMMARY. Retired Military Angry with Opposition; "Republic Rally" in 3 Weeks -------------- -------------- ¶2. (C) Retired General Riza Kucukoglu, Geopolitics and Strategy Advisor at ASAM think tank (Center for Eurasian Strategic Studies),justified the closure case by emphasizing the need to respect rule of law. AKP is out of control, he argued, and is trying to change a perfectly good constitution. He emphasized that the closure should be kept in civilian, rule-of-law channels, saying, "We do not need any more military intervention." Kucukoglu, who is president of the Retired Officers Association, speculated that AKP, like other political parties, fears retired officers and their discipline. He had unkind words for Republican People's Party (CHP) leader Baykal and Nationalist Action Party (MHP) leader Bahceli, as well. He did not accept their assertions that they had meant only to criticize the government, not the military, when they challenged the abrupt conclusion of the recent cross-border operation. He said that the disappointment and bitterness against the CHP and MHP ran so deep that active and retired military might switch their votes to another party -- possibly the Democratic Left Party (DSP) -- in the future. He mentioned that retired officers, working with the Ataturk Thought Association, are sponsoring a "Republic rally" in Ankara on April 12 (so-called after last May's rallies),intended to be a massive display of support for secularism. AKP Clarifying "Mini-Constitutional Amendment" Package -------------- -------------- ¶3. (C) AKP is crystallizing its strategy to amend the Constitution, according to our party contacts. AKP plans to amend Article 68 of the Constitution to make it nearly impossible to close a political party, and to punish party administrators, rather than a party itself. The amendments would eliminate existing closure cases, including that against the pro-Kurdish Democratic Society Party (DTP). Individual offenders, rather than face a five-year political ban, would be barred from the next election. AKP has shelved its idea to alter the number of members of the Constitutional Court and the number of votes required to close a political party, but intends to require the prosecutor to obtain approval to pursue such a case from either the parliament or the criminal board of the High Court of Appeals (Yargitay). The latter seems less likely to trigger a reaction from the opposition. AKP's formula also would require the prosecutor to issue a warning prior to initiating a closure case, affording the party an opportunity to amend problematic behavior. AKP plans to present the proposals to MHP this weekend. ¶4. (U) CHP leader Deniz Baykal said Article 138 of the Constitution, which bars Parliament from holding talks on ongoing legal cases, prevents any AKP action that can influence the course of the closure case against it. "Article 138 states the legislative should mind its own business and the judiciary its own," Baykal said. Had AKP proposed such amendments prior to the filing of this case, he claimed, CHP would have been happy to consider them. Jurists Critical of AKP's Legal Proposals -------------- ¶5. (U) Following the March 20 statement signed by 26 university law faculty deans supportive of the Chief Prosecutor, judges and law professors have continued to ANKARA 00000550 002 OF 002 criticize AKP's efforts. Hasan Gerceker, head of the Supreme Court of Appeals, told reporters, "No one can give directions to the courts or prosecutors. Everyone needs an independent judiciary." Ahmet Mumcu, constitutional law professor at Baskent University, believes parliament has the ability to regulate any subject it sees fit, but said AKP's "attempt to evade judicial action" as "totally incompatible" with the rule of law. Mumcu noted that AKP knew the party closure rules, and had declared confidence in the Constitutional Court and the judiciary when the closure case against DTP began. Former Istanbul Bar Association President Yucel Sayman agreed, stating, "The AKP's different stance on two closure cases is the expression of a political mindset that wants freedoms only for itself." (COMMENT. As we have noted, PM Erdogan at the time did publicly condemn the case against DTP as undemocratic. END COMMENT.) Commentary: Closure Case a Test for AKP -------------- ¶6. (U) Emre Akoz, in "Sabah," accused AKP of ignoring long-promised EU reforms, such as Penal Code Article 301 (criminalizing insulting "Turkishness"),burying its Alevi initiative, remaining silent regarding the closure case against DTP, and not exerting pressure ensure a full investigation of the murder of Hrant Dink. Akoz argued that the "anti-democratic forces" had taken the offensive. He hoped the closure case would "bring AKP to its senses and make it embrace the EU process again." ¶7. (U) "Hurriyet's" Mehmet Yilmaz argued that the closure case presented AKP an opportunity to show it had evolved from its "National View" Islamic roots. AKP should explain to the public in a comprehensive way its views toward secularism. ¶8. (U) Ihsan Dagi, in "Zaman," advised AKP to move forward and not obsess about reaching consensus with secular-Kemalist circles. If AKP had focused on consensus, it would not have adopted landmark modernizations such as closing down state security courts, increased civilian control over the military, passing the Foundations Law, and developing a stable, modern 21st century economy. Visit Ankara's Classified Web Site at http://www.intelink.sgov.gov/wiki/Portal:Turk ey WILSON