TURKEY: CONSTITUTIONAL COURT AGREES TO HEAR AKP

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000600 SIPDIS SIPDIS E.O. 12958: DECL: 03/28/2018 TAGS: PGOV PREL TU SUBJECT: TURKEY: CONSTITUTIONAL COURT AGREES TO HEAR AKP CLOSURE CASE REF: ANKARA 587 Classified By: Political Counselor Janice G. Weiner, for Reasons 1.4 (b ,d) ¶1. (SBU) After a four-hour meeting March 31, Constitutional Court Vice President Osman Paksut announced that the Court agreed to hear the closure case against the ruling Justice and Development Party (AKP). Paksut stated the Court voted unanimously on all parts of the indictment (reftel) except the portion that includes President Abdullah Gul in the list of people who could be subject to a five-year political ban; that portion was accepted 7-4, with Court President Hasim Kilic, and Judges Sacit Adali, Serdar Ozguldur, and Serruh Kaleli dissenting. From here, AKP has one month to prepare its preliminary defense, after which both sides will proceed to present arguments to the court in a process that is likely to continue for months. ¶2. (SBU) Republican People's Party (CHP) Chairman Deniz Baykal declined to comment, but CHP deputy whip Kemal Kilicdaroglu said the Court's decision shows that the president can stand trial on acts committed prior to his election. Nationalist Action Party (MHP) Vice Chairman Cihan Pacaci said everyone should respect the rule of law and the independence of the Court. ¶3. (C) Before the Court's announcement, AKP was reportedly working on triple options of small, medium, and large constitutional reforms, with the emphasis on provisions that affect political parties. The first would revise constitutional articles 68 and 69 to make party closures harder. The second would be a 20-article package intended to expand freedoms by revising provisions related to political parties, organizations, and basic rights and freedoms. Finally, AKP may resuscitate its draft constitution proposal. AKP is also reportedly considering disbanding after amending the Political Parties Law in order to prevent continuation of the case. AKP Deputy Group Chairman Sadullah Ergin told us after the announcement that AKP would decide how to proceed after Monday's cabinet meeting and Tuesday's Central Administrative Board meeting. "All options and possibilities are on the table," he told us. ¶4. (SBU) The closure case controversy continues unabated. The former Turkish member of the European Court of Human Rights Riza Turmen told "Milliyet" that in democracies, governments comply with the decisions of the judiciary. He added that the purpose of the separation of powers is to eliminate the concentration of power in the hands of the executive and legislative powers. An unsigned March 31 editorial in "Cumhuriyet," working to fuel nationalist fervor and public support for the closure case, claimed that as a result of the rise of political Islam, the basic principles of the secular Ataturkist Republic were in danger, and that the US and EU were involved for their own interests. A new order has been established with a partnership of domestic and foreign forces. ¶5. (SBU) Ergun Babahan in "Sabah" on March 28 said the indictment resembled the coup scenarios made public in retired Admiral Ornek's diaries (leaked in 2007). He concluded that those who were undermining democracy (mistakenly) thought everyone believed they were working for democracy and secularism. Ismet Berkan in "Radikal" claimed the essence of the closure case was not secularism but the boundaries of freedom of expression. He questioned how a series of comments, which would not constitute a crime if uttered individually, could justify closing a party. In "Star" daily on March 27, Mustafa Erdogan (no relation to the PM) observed that, given the mentality of the Turkish judiciary, in which career paths hang on the extent to which members internalize the nationalistic and secular characteristics of the regime and see such qualities as based on "modernity" and "enlightenment" rather than ideology, a senior judge or prosecutor would naturally regard AKP as problematic for the regime. EU membership, embodying a concept of freedom that embraces the pious, Kurds, and "foreigners within the country" (non-Muslim minorities),also ANKARA 00000600 002 OF 002 would be seen as a dangerous threat to national sovereignty. ¶6. (C) COMMENT: The appeal to "rule of law" and "independence of the judiciary" gives supporters of the status quo a tremendous weapon to achieve fundamentally ideological goals. The Court's expected decision to hear the case raises the stakes on AKP amending the Constitution while the closure case is in train, and ratchets up the pressure on AKP to find a legal dodge -- either of which could strengthen the case against it. It is especially telling of the Court's mentality that it was incapable of dropping the case as it applies to President Gul, officially a non-party actor who, according to the Constitution, can, as President of the Republic, only be brought up on charges of treason. END COMMENT. Visit Ankara's Classified Web Site at http://www.intelink.sgov.gov/wiki/Portal:Turk ey WILSON