TURKEY: ANOTHER STEP AWAY FROM THE "COUP ERA"

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 000215

SIPDIS

DEPARTMENT ALSO FOR EUR/SE

E.O. 12958: DECL: 02/09/2020
TAGS: PTER PREL PGOV TU IZ
SUBJECT: TURKEY: ANOTHER STEP AWAY FROM THE "COUP ERA"

REF: A. ANKARA 120

B. ANKARA 107

C. ANKARA 150

D. ANKARA 142

Classified By: POL Counselor Daniel O,Grady, for reasons 1.4(b,d)


1. (C) Summary and Comment: On February 4 representatives of
Turkey's General Staff (TGS) and the Interior Ministry signed
a document which abolished the "EMASYA Protocol," a secret
agreement between the military and the police which
authorized the military to intervene unilaterally to restore
public order. The Protocol dated from 1997, but had been
renewed by the Erdogan government. In addition to
eliminating EMASYA, Prime Minister Erdogan told the press on
January 31 that other steps are being explored to curtail the
extra-judicial authority of the military. TGS Chief of
Operations LTG Eroz told the press that General Basbug
supported annulment of the "unnecessary" protocol. The
acquiescence of the TGS notwithstanding, this marks another
step in the Erdogan government's consolidation of civilian
power over the military and pushes the "coup era" further
into the past. End Summary and Comment.

EMASYA
--------------


2. (U) On February 4 representatives of the TGS and the
Interior Ministry signed an agreement to end the EMASYA
Protocol. EMASYA was a secret 27-article "Public Order
Assistance Protocol" between the TGS and the Turkish National
Police (TNP) originally signed on July 7, 1997 -- a week
after the ouster of the government led by then-Prime Minister
Necbettin Erbakan under military pressure -- and renewed in
2005 by the Justice and Development Party (AKP) government.
It granted authority to the Jandarma to intervene against
demonstrations without the prior request or permission of a
responsible governor. EMASYA has, in the past, allegedly
been invoked to justify questionable operations by military
personnel. For instance, the non-commissioned officers on
trial in connection with the 2005 bombing of a bookstore in
Semdinli, Hakkari province, argued that their activities were
legal according to the provisions under the EMASYA Protocol.


3. (U) The EMASYA issue came to recent attention when BDP
member (now Party Co-chairman) Selahattin Demirtas complained
to Parliament in mid-January about the protocol allowing
military intervention during demonstrations. Sezgin
Tanrikulu, a former president of the Diyarbakir Bar
Association, suggested that its continued existence was a
direct result of AKP complacency. "Maybe the government is
worried about a new military coup and does not want to enter
into an open conflict with the army," she said. "The General
Staff should have been put under the authority of the Defense
Ministry a long time ago, but the government has not done
so." That the protocol was allegedly drafted by General
Cetin Dogan -- who is now retired but under intense scrutiny
for having allegedly organized the "Sledgehammer" coup plot
in 2003 (REF A) -- made EMASYA all the more topical and
controversial. Prime Minister Erdogan, President Gul, and
TGS Chief Basbug each made recent statements supporting the
lifting of the protocol, assuring its easy dissolution.
While supporting the abolishment of the EMASYA protocol,
Basbug highlighted the distinction between public order
operations -- in which the military, as a rule, does not want
to be involved -- and counterterrorism operations. The
military, according to Basbug, must continue to play a role
in the latter, and EMASYA's cancellation would not alter this.

National Security Policy Paper
--------------


4. (U) The jettison of the EMASYA Protocol may herald
increased efforts to curb the powers of the military. Among
the other items PM Erdogan singled out for criticism in a

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recent interview with TRT is the National Security Policy
Paper (NSPP). Known in common parlance as "Turkey's secret
constitution," the NSPP is a top-secret policy paper adopted
by the National Security Council (NSC) for a 5-year period.
The NSPP is classified and has been invoked to justify
internal military and security operations against "domestic
enemies." The document was last approved, with amendments,
in 2005, and is due for review this year. During Erdogan's
January 31 interview, he indicated that the government would
raise the NSPP at the next National Security Council (NSC)
meeting with the intent to once again amend it. He claimed
that the government is researching possible revisions to the
NSPP and is working to incorporate its changes into its
ongoing democratization program, the National Unity Project.
Erdogan spoke pointedly about the concept of domestic enemies
being outdated and that it should no longer exist in the
NSPP. Any amendment to the NSPP would not require
legislative change, but should be cleared with the NSC.

Turkish Armed Forces Domestic Services Law Article 35
-------------- --------------


5. (U) Article 35 of the Armed Forces Domestic Services Law
is also on the short list of items Erdogan addressed in the
interview. It currently reads: "It is the duty of the armed
forces to guard and protect the Turkish land and the Republic
of Turkey that is defined in the Constitution." The article
has been used to justify military intervention into politics,
including both the preparation and execution of military
coups. Because the article is embedded in law, it would have
to be changed legislatively. Erdogan told TRT that such an
amendment could be done with the consensus of Parliament. In
an interview on February 4, TGS Chief Basbug refused to
comment on either the NSPP or Article 35.

Other Likely Changes in the Wind
--------------


6. (U) In addition to the above changes enumerated by PM
Erdogan, three other major changes appear to be in the works
that would serve to increase civilian control over the
military. First, the government submitted a draft law on the
Court of Audits (Sayistay) in the last week of January, which
would establish civilian oversight over military
expenditures. Second, Parliament is currently debating the
creation of a Public Order Secretariat tied to the Interior
Ministry. Though the body would have no operational
function, it is envisioned to serve in two capacities: to
serve as a clearinghouse for intelligence concerning
terrorist organizations to increase counterterrorism
efficiency, and to coordinate counterterrorism policy to
better address the underlying causes of terrorism. Both
functions would involve an increased civilian role in the
military's only legal internal operational function. Both of
these changes could be enacted by a simple majority in
Parliament.


7. (C) A third change -- allowing civilian courts to try
military officials in peacetime -- was originally passed as a
law in June 2009, but was overturned by the Constitutional
Court on January 22 as it contradicted Constitutional
Article 145 (REF B),which assigns jurisdiction of military
personnel to the military judiciary. The government is
reportedly working to effect this change by amending Article
145, but such a move would require more than two-thirds of
the votes in parliament -- or a successful referendum -- to
be enacted. This will likely be an uphill battle as there
are opponents to the idea of constitutional reform both
within and outside of the AKP (REFS C AND D).
Jeffrey

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