Identifier
Created
Classification
Origin
09ANKARA197
2009-02-09 04:50:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Ankara
Cable title:
TURKEY: MINISTER OF JUSTICE SUPPORTS HIGH-LEVEL CT
how-toVZCZCXYZ0005 RR RUEHWEB DE RUEHAK #0197 0400450 ZNR UUUUU ZZH R 090450Z FEB 09 FM AMEMBASSY ANKARA TO RUEHC/SECSTATE WASHDC 8713 INFO RUEHVI/AMEMBASSY VIENNA 1714 RUEHBS/AMEMBASSY BRUSSELS 7109 RUEHFR/AMEMBASSY PARIS 5470 RUEHCP/AMEMBASSY COPENHAGEN 0284 RUEHGB/AMEMBASSY BAGHDAD 1396 RUEHMD/AMEMBASSY MADRID 0456 RUEHLO/AMEMBASSY LONDON 3281 RUEHSW/AMEMBASSY BERN 0390 RUEHRL/AMEMBASSY BERLIN 4297 RUEHBS/USEU BRUSSELS
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
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
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