TURKEY'S TERRORISM LAWS: MOJ AGREES TO REVIEW

UNCLAS ANKARA 000185

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PTER PGOV TU
SUBJECT: TURKEY'S TERRORISM LAWS: MOJ AGREES TO REVIEW


1. (SBU) SUMMARY: During January 2009 meeting in Washington,
high-ranking officials of the Turkish Ministry of Justice (MOJ)
agreed for the first time to conduct a comprehensive review of their
legal framework for prosecuting terrorism activities. They also
expressed keen interest in the USG designation process for
terrorists. Turkey's willingness to thoroughly review its terrorism
legislation is encouraging, but political constraints make the
needed parliamentary actions problematic. END SUMMARY.


2. (SBU) Between January 24-30,the U.S. Department of Justice's
(DOJ) Resident Legal Advisor traveled to the United States with a
delegation of officials from the Legislative Affairs Section of the
Ministry of Justice (MOJ). Deputy Undersecretary Huseyin Yildirim
headed the delegation, which also included Director General Kenan
Ozdemir, Deputy Director General Yusuf Balo and Investigating Judge
Zeki Yildirim. During the week the group met with numerous relevant
State Department and Department of Justice components.

Anti-terrorism Law Discussed
--------------


3. (SBU) During a four-hour meeting with DOJ National Security
Division/Counterterrorism Section officials (NSD/CTS),which
included a briefing by NCTC and DOD, the USG against raised concerns
regarding the Turkey's narrow definition of terrorism. (NOTE: Main
terrorism provisions are set forth in Turkey's 1991 anti-terrorism
law and in a 2005 provision in the Turkish Criminal Code. The main
elements prohibit acts by organizations which aim to change "the
constitution, its political, legal, social, secular and economic
system; damage the indivisible unity of the State within its
territory and nation; or endanger the existence of the Turkish State
and Republic." Thus the focus of the laws is almost exclusively
internal to Turkey. END NOTE)


4. (SBU) In contrast with previous discussions on this topic, the
MOJ officials did not attempt to defend their legal framework.
Rather, the Deputy Undersecretary said that he would direct his
staff to conduct a thorough review of the issue, solicit input from
Turkey's terrorism prosecutors, and develop a strategy for improving
the law, if appropriate.

Designations
--------------


5. (SBU) The delegation also expressed keen interest in the process
by which the U.S. adds or deletes individuals and organizations from
its terrorism designation lists. During a briefing with State S/CT,
which included a representative of the Designations Office, members
of the delegation asked detailed and pointed questions about the
designations process. They had no specific examples to discuss, and
were familiar with the U.N. list, but were eager to discuss U.S.
methods of review and appeal.

USG Next Steps
--------------


6. (SBU) In March 2009, a prosecutor from DOJ NSD/CTS who has been
reviewing Turkey's counterterrorism legislation, and who
participated in the meetings with the Turkish delegation, will
travel to Ankara for further consultations with MOJ. The delegation
indicated an eagerness to continue their dialogue with her so it is
hoped that by March the MOJ will be willing to set forth a concrete
strategy for improving their laws.


Comment
--------------


7. (SBU) For the first time, Turkish MOJ officials appear willing
to concede that there might be a problem with their terrorism law as
drafted, and have indicated a willingness to consider amending the
law. Although this process will not be quick or easy, it is
encouraging that they have shown a willingness to cooperate on the
issue, and seem anxious for our assistance. Over the course of the
next several months, the RLA, with the assistance of DOJ NSC/CTS and
S/CT, will work with MOJ officials to further define the issue and
prepare concrete solutions.


8. (SBU) While the willingness of the Turkish prosecutors to review
and improve their terrorism legislation is encouraging, actually
fixing it may be easier said than done. First, while we initially
hoped that "technical amendments" might be made to the law, Turkish
laws are similar to U.S. laws in that any revision to their
legislation must be made by the Parliament after due consideration.
As the Turkish delegation pointed out, given Turkey's bid for EU
accession, the scrutiny they face from human rights organizations
makes any terrorism legislation subject to intense scrutiny and
skepticism. Thus while the MOJ may be willing and supportive of
legislative changes, actually getting those changes through
Parliament will not be easy.

Jeffrey