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President Gül Not To Rush In Dealing With Turkish Coup Addict Secularist Military
6 July 2009
Though a military judicial reform aiming to allow civilians involved with military affairs be tried in civilian courts rather than in military tribunals was met with enthusiasm by a wide segment of society, there is mounting pressure from some circles on President Abdullah Gül to veto the new legislation, a move interpreted by observers as an attempt to hinder Turkey from taking further steps to strengthen its democracy. Turkey's opposition parties, some media groups and a leading business association have increased their calls on the president to send the legislation back to Parliament for further debate, claiming its existing form would deepen the atmosphere of political tensions in the country. The calls were, however, labeled by prominent jurists and intellectuals as a maneuver to block the government's efforts to harmonize Turkey's laws with those of the EU, with which it aspires to be a full member. The Turkish Industrialists and Businessmen's Association (TÜSIAD) criticized the new legislation in a written statement it released on Saturday. The association complained that the legislation was passed speedily and without deep analysis by political parties, hinting that its approval by the president would dampen hopes to resolve the country's persisting economic, political and social problems. Parliament approved in late June legislation that requires civilian courts to try members of the armed forces accused of crimes including threats to national security, constitutional violations, organizing armed groups and attempts to topple the government. The legislation was approved with the backing of all the opposition parties in Parliament, but parties such as the Republican People's Party (CHP) and the Nationalist Movement Party (MHP) later claimed they had not been notified about the full scope of the legislative change, accusing the Justice and Development Party (AK Party) of “deceiving” them. The AK Party government insists that the legislation was approved as part of Turkey's efforts to harmonize its laws with those of the EU. The legislation came amid renewed tensions between the powerful military and the government after a newspaper published last month an alleged military plot to undermine the ruling AK Party. The legislation is currently awaiting approval from President Gül. “The passage of structural regulations, which need to undergo a period of democratic discussion, in a speedy manner as in this latest example makes it even more difficult for Parliament to display an atmosphere of compromise for the solution of fundamental economic, political and social problems,” read the TÜSIAD statement. The statement went on to criticize Parliament for rushing to pass the said legislation, saying, “Such hasty attempts pave the way for the emergence of new tensions at a time when there are strong calls that the Constitution should undergo a comprehensive amendment.” In the past, however, the association had kept on calling on parliamentarians to speedily pass reforms to harmonize Turkey's legislations with the EU. Deniz Ülke Aribogan, rector of Bahçesehir University, termed the U-turn in TÜSIAD's position toward judicial reforms as “inconsistency.” “There is serious inconsistency in the latest statement from TÜSIAD with its previous calls for the passage of reforms to harmonize Turkey's laws with those of the EU. We need to go deep down to the source of this inconsistency,” she stated. The Nationalist Movement Party (MHP) stood against the new legislation, too, and urged President Gül to veto it. “I think Parliament has clearly voiced its view that this legislation should be vetoed. Our esteemed president may return it to Parliament. It would be beneficial for Parliament if the president expresses his views as to how the scope of authority of military courts should be structured. Turkey needs to find an immediate way out of this atmosphere of crisis,” stated MHP group deputy chairman Oktay Vural. Similarly, the leader of the main opposition Republican People's Party (CHP), Deniz Baykal, expressed harsh opposition to the passage of the new legislation, saying its approval by Parliament was the result of a tactic by the governing party. Turkish newspapers joined the debates, as well, with some claiming that the Turkish Armed Forces (TSK) termed the new legislation unconstitutional. "Politics will enter the barracks," said a front-page headline in Milliyet on Sunday, which detailed the General Staff's objections to the law. According to the military, the law infringes the inviolability of military areas and will lead to clashes between the military and civilian judiciary. The military also voiced concern at the way the legislation was passed by Parliament in a late-night session at the end of June after defense ministry officials had left the assembly. The articles, also published in Radikal newspaper, did not specify a source. There was no statement from the military on its Web site. President Gül has been consulting with the government, military and judiciary on the law before deciding whether to approve it ahead of a July 10 deadline. If he does not, he can send the legislation back to Parliament for further debate. Jurists believe judicial reform will strengthen Turkish democracy Despite strong opposition by opposition parties and business groups, several jurists and intellectuals have applauded the military judicial reform, saying it would strengthen both Turkish democracy and the country's bid to become a full member of the European Union. They expressed the opinion that the judicial reform would help Turkey cover significant distance in its bid to join the 27-member bloc and to harmonize Turkish laws with the EU acquis. According to the jurists, the reform will also improve Turkey's image in the international arena as it will be a considerable step to balance military-civilian relations. “The EU was already demanding that Turkey pass the military judicial reform. The reform appeals directly to the purpose as it will speed up Turkey's efforts to democratize. It is not against the Constitution. According to Article 90 of the Constitution, we agree that international treaties are above laws. Its passage [by Parliament] is a very significant step in terms of harmonization with EU legislation. European democracy necessitates this,” stated Mehmet Turhan, a constitutional law expert. Central Decision and Administration Board (MKYK) member Hüseyin Kocabiyik, a former member of the Motherland Party (ANAVATAN), said the legislation will lighten the burden of military courts and the Turkish Armed Forces (TSK). “Civilians' being tried in military tribunals was a remnant of coups. Criticism that the legislation was passed in the middle of the night is nonsense. Parliament passes legislation whenever it wishes to. The source of sovereignty is the people, even in the Sept. 12 Constitution prepared under military rule. The president should approve the legislation without any change,” he noted. Ahmet Gündogdu, head of the Civil Servants' Trade Union (Memur-Sen), stressed that the legislation would remove all obstacles before an independent judiciary. “Both civilian and military circles favor the idea that Turkey becomes a democratic state governed by the rule of law. For this, everyone should respect laws. The said legislation will pave the way for a totally independent judiciary. Thus, I expect the president to approve it. It is necessary for the democratic system to settle in our country,” he stated. The intellectuals also called on President Gül to immediately approve the military judicial reform. “From time to time, Turkey faces some sorts of sanctions that restrict the scope of democracy in the country. It pays a heavy price due to some coup lovers. It is a must for Turkey to put into implementation legislation that will prevent the emergence of similar anti-democratic attempts in the future. As a person who experienced Feb. 28 [1997], April 27 [2007] and Sept. 12 [1980], the president should immediately pave the way for those who support military interventions to be put on trial in civilian courts,” stated Salim Uslu, the president of the Confederation of Turkish Real Trade Unions (HAKIS). Seref Malkoç, a former deputy, warned that some circles were trying to put pressure on the president to veto the new legislation. “I have witnessed that some are mounting the pressure on the president to return the legislation to Parliament but I believe that President Gül will approve the legislation,” he remarked.
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