Identifier
Created
Classification
Origin
10ANKARA162
2010-02-02 15:24:00
CONFIDENTIAL
Embassy Ankara
Cable title:
CONSTITUTIONAL COURT PRESIDENT ON DTP, MILITARY
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C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000162
SIPDIS
E.O. 12958: DECL: 02/02/2020
TAGS: PGOV PHUM PINR TU
SUBJECT: CONSTITUTIONAL COURT PRESIDENT ON DTP, MILITARY
TRIALS DECISIONS: THE LAW IS CLEAR BUT MUST BE CHANGED
REF: A. 09 ANKARA 1765
B. ANKARA 107
Classified By: Ambassador James Jeffrey, for reasons 1.4 (b,d)
C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000162
SIPDIS
E.O. 12958: DECL: 02/02/2020
TAGS: PGOV PHUM PINR TU
SUBJECT: CONSTITUTIONAL COURT PRESIDENT ON DTP, MILITARY
TRIALS DECISIONS: THE LAW IS CLEAR BUT MUST BE CHANGED
REF: A. 09 ANKARA 1765
B. ANKARA 107
Classified By: Ambassador James Jeffrey, for reasons 1.4 (b,d)
1. (C) Summary. In a meeting with Ambassador on January 29,
President of Turkey's Constitutional Court, Hasim Kilic,
claimed that the controversial decisions to close down the
Democratic Society Party (DTP) and to overturn a law allowing
military officials to be tried in civilian courts were "very
clearly" correct when looked at from a purely legal angle.
However, he said that he personally hopes Parliament will
change the Constitution to make party closures more difficult
and to allow for civilian trials of military figures. End
summary.
DTP CLOSURE
--------------
2. (C) Constitutional Court President Hasim Kilic visited
the Ambassador at his residence on January 29, to discuss
recent events in the Turkish legal system. Kilic declared
his court's unanimous decision to close the Kurdish
nationalist Democratic Society Party (DTP) (REF A) "the most
justified decision ever taken by the Constitutional Court."
He said that, despite his always having been opposed in
concept to the closure of political parties, the actions of
the DTP left no room for interpretation when held against the
standards of closure in the Constitution. The Court can be
lenient in its interpretation when a party's violations are
restricted only to rhetoric. However, when a party meets
face to face with terrorists without denouncing terrorism, as
DTP had done, the Court is left "with no other option."
CIVIL COURT CASES FOR MILITARY OFFICIALS
--------------
3. (C) Kilic was equally direct concerning the Court's
unanimous decision to overturn a law that would have allowed
military officials to be tried in civilian courts (REF B).
He pointed to Article 145 of the Turkish Constitution --
which explicitly says that military courts have jurisdiction
over military personnel committing a) military offenses, b)
offenses against other military personnel, c) offenses in
military-run locations, and d) offenses connected with
military service and duties -- as clear grounds to overturn
the recent law. He noted that the majority of the members of
the Court believe article 145 to be anti-democratic, but as
it is not the role of the Constitutional Court to change the
Constitution, once again, the Court had no other option.
THE CONSTITUTION ITSELF
--------------
4. (C) Kilic freely criticized the Constitution -- on whose
basis he makes his decisions -- as antidemocratic, saying
that many of its articles are no longer sufficient to address
democracy as Turkey has come to experience it. Even though
it was accepted in a referendum in 1982, the political
environment and the will of the people have changed to the
point that the Constitution needs amending. Noting that 83
articles of the Constitution have been changed to date, he
argued that a few amendment packages are all that is
necessary to update it to today's standards, but that those
changes would be difficult to draft properly. Political
interests get in the way of overarching change, so difficult
projects, such as amending the Constitution, are pushed to
the back burner.
COMMENT
--------------
5. (C) Contrary to press reports and the comments of some of
our contacts in the government, Kilic betrayed no hint that
there was pressure on his court to make a decision favorable
to the military. His statements, in fact, argue that any
other decision by the Court would have been a political one,
and that the Court is already interpreting at least the
political party closure law as leniently as possible. The
Justice and Development (AKP) government, in turn, appears to
be left no choice but to try to amend the Constitution to
liberalize these points of law. In sum, Kilic is a man of
great integrity who does not allow his personal views to
ANKARA 00000162 002 OF 002
color decisively his opinions as a judge. Turkey could do
worse.
Jeffrey
"Visit Ankara's Classified Web Site at http://www.intelink.s
gov.gov/wiki/Portal:Turkey"
SIPDIS
E.O. 12958: DECL: 02/02/2020
TAGS: PGOV PHUM PINR TU
SUBJECT: CONSTITUTIONAL COURT PRESIDENT ON DTP, MILITARY
TRIALS DECISIONS: THE LAW IS CLEAR BUT MUST BE CHANGED
REF: A. 09 ANKARA 1765
B. ANKARA 107
Classified By: Ambassador James Jeffrey, for reasons 1.4 (b,d)
1. (C) Summary. In a meeting with Ambassador on January 29,
President of Turkey's Constitutional Court, Hasim Kilic,
claimed that the controversial decisions to close down the
Democratic Society Party (DTP) and to overturn a law allowing
military officials to be tried in civilian courts were "very
clearly" correct when looked at from a purely legal angle.
However, he said that he personally hopes Parliament will
change the Constitution to make party closures more difficult
and to allow for civilian trials of military figures. End
summary.
DTP CLOSURE
--------------
2. (C) Constitutional Court President Hasim Kilic visited
the Ambassador at his residence on January 29, to discuss
recent events in the Turkish legal system. Kilic declared
his court's unanimous decision to close the Kurdish
nationalist Democratic Society Party (DTP) (REF A) "the most
justified decision ever taken by the Constitutional Court."
He said that, despite his always having been opposed in
concept to the closure of political parties, the actions of
the DTP left no room for interpretation when held against the
standards of closure in the Constitution. The Court can be
lenient in its interpretation when a party's violations are
restricted only to rhetoric. However, when a party meets
face to face with terrorists without denouncing terrorism, as
DTP had done, the Court is left "with no other option."
CIVIL COURT CASES FOR MILITARY OFFICIALS
--------------
3. (C) Kilic was equally direct concerning the Court's
unanimous decision to overturn a law that would have allowed
military officials to be tried in civilian courts (REF B).
He pointed to Article 145 of the Turkish Constitution --
which explicitly says that military courts have jurisdiction
over military personnel committing a) military offenses, b)
offenses against other military personnel, c) offenses in
military-run locations, and d) offenses connected with
military service and duties -- as clear grounds to overturn
the recent law. He noted that the majority of the members of
the Court believe article 145 to be anti-democratic, but as
it is not the role of the Constitutional Court to change the
Constitution, once again, the Court had no other option.
THE CONSTITUTION ITSELF
--------------
4. (C) Kilic freely criticized the Constitution -- on whose
basis he makes his decisions -- as antidemocratic, saying
that many of its articles are no longer sufficient to address
democracy as Turkey has come to experience it. Even though
it was accepted in a referendum in 1982, the political
environment and the will of the people have changed to the
point that the Constitution needs amending. Noting that 83
articles of the Constitution have been changed to date, he
argued that a few amendment packages are all that is
necessary to update it to today's standards, but that those
changes would be difficult to draft properly. Political
interests get in the way of overarching change, so difficult
projects, such as amending the Constitution, are pushed to
the back burner.
COMMENT
--------------
5. (C) Contrary to press reports and the comments of some of
our contacts in the government, Kilic betrayed no hint that
there was pressure on his court to make a decision favorable
to the military. His statements, in fact, argue that any
other decision by the Court would have been a political one,
and that the Court is already interpreting at least the
political party closure law as leniently as possible. The
Justice and Development (AKP) government, in turn, appears to
be left no choice but to try to amend the Constitution to
liberalize these points of law. In sum, Kilic is a man of
great integrity who does not allow his personal views to
ANKARA 00000162 002 OF 002
color decisively his opinions as a judge. Turkey could do
worse.
Jeffrey
"Visit Ankara's Classified Web Site at http://www.intelink.s
gov.gov/wiki/Portal:Turkey"