TURKEY: MINISTER OF JUSTICE SUPPORTS HIGH-LEVEL CT

UNCLAS ANKARA 000197 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PTER PGOV PHUM TU SUBJECT: TURKEY: MINISTER OF JUSTICE SUPPORTS HIGH-LEVEL CT DIALOGUE, AGREES TO REVIEW CT LAWS REF: ANKARA 185 ¶1. (SBU) SUMMARY: Minister of Justice Mehmet Ali Sahin told the Ambassador February 6 he supports in principle the high-level CT dialogue proposed by Ambassador Dell Dailey during his November visit to Ankara. Minister Sahin also agreed that MOJ should continue reviewing its counterterrorism laws and that its definition of terrorism should address international threats as well as those internal to Turkey. Separately he noted the number of 301 cases appears to be dropping. END SUMMARY. Anti-terrorism Law Discussed -------------- ¶2. (SBU) During a February 6 meeting with the Ambassador and Resident Legal Advisor Delaney, Minister of Justice Mehmet Sahin expressed support for continued cooperation between Turkey and the United States, particularly on counterterrorism. Minister Sahin was aware of the U.S. study tour in January, headed by Deputy Undersecretary Huseyin Yildirim, and indicated that Yildirim had reported the trip to be very useful. Turkey would continue reviewing its counterterrorism legislation, he stated, characterizing the current definition of terrorism as "inward-looking." He looked forward to continued dialogue between members of his Ministry and experts from the United States. (NOTE: As reported REFTEL, a Department of Justice Counterterrorism prosecutor who has been studying Turkish law will be traveling to Ankara in March to meet with members of the Legislative Affairs Section of the MOJ. END NOTE) High-Level CT Dialogue -------------- ¶3. (SBU) Minister Sahin also expressed support for the high-level CT dialogue proposed by Ambassador Dell Dailey during his visit to Ankara in November 2008. [NOTE: Amb. Dailey met with MOJ Deputy Undersecretary Aykut Kilic while in Ankara, but did not meet with Minister Sahin. END NOTE] 301 Cases -------------- ¶4. (SBU) In response to a question by the Ambassador, Minister Sahin indicated that the number of Article 301 cases has been dropping since the law was changed to require that the Minister of Justice review cases. In 2008, 100 applications were filed but he approved only 8 and he had not approved any 301 applications so far in 2009. Pressed to describe his role, he said that his only responsibility is to review a given case against the provisions of the relevant EU guidelines on freedom of speech and expression. While these guidelines obviously come down heavily in favor of freedom of speech expressions they do provide exceptions. He has to rule against prosecution/investigation unless he determines that the alleged act falls within one of the exceptions. Comment -------------- ¶5. (SBU) We are encouraged by the positive tone of Sahin's remarks, and particularly by his acknowledgment that Turkey's current definition of terrorism is "inward-looking." We will continue to work closely with his MOJ colleagues to address our concerns. Minister Sahin appears to recognize the value of bilateral exchanges. We should seek an opportunity to send Minister Sahin himself to the United States. JEFFREY