Turkey’s Governing Party Proposes Changes in the Constitution

By: Sebnem Arsu – The New York Times

ISTANBUL — Members of Parliament from Turkey’s religious conservative governing party proposed constitutional changes on Monday that would make it harder to ban political parties and easier to prosecute military officials in civilian courts.

The proposals come after months of political turmoil and the arrest and detention of dozens of current and former military officers accused of plotting a coup against the governing Justice and Development Party in 2003.

In Turkey, the military has long been seen as the guardian of the secular order and the enforcer of a strong separation between Islam and the state, but it has been severely weakened by the coup plot case.

The proposed changes largely focus on the judiciary and the military, still the strongest pillars of the secular state establishment, which remain suspicious of the government’s conservative, religious politics.

Opponents of the proposals said they were an attempt by the party to strengthen its own hand and to deepen the encroachment of religious conservatism.

The party said the changes were meant to further democratize Turkey and bring its Constitution in line with European norms to help it pursue full European Union membership.

The Justice and Development Party has long promised to replace the 1982 Constitution, drafted under the auspices of the military after a coup in 1980. But the party had failed to win enough support, given widespread mistrust of its motivations in the secular establishment.

With the revelations about the alleged 2003 coup plot, which was never carried out, the party seemed to sense a new opening.

“Our objective with these changes is not to strengthen our government,” Cemil Cicek, the deputy prime minister, said in a televised news conference. “The aim of these constitutional amendments is to establish people’s sovereignty in every field and strengthen the rule of the people.”

One of the most important changes, and one that may gain some support, would make it harder for the country’s Constitutional Court, a supreme judicial body, to ban political parties for undermining secularism and the unity of the country. The court threatened the Justice and Development Party with such a ban in 2008, and it has banned at least 25 parties over the years to safeguard constitutional integrity.

The governing party also wants Turkey’s president to appoint most of the judges on the Constitutional Court, which would be restructured to limit its powers.

Hasan Gerceker, the head of the Supreme Appeals Court, said the package of changes contradicted the Constitution and undermined judicial independence and separation of powers.

“The suggested changes mean more than besieging the judiciary,” Mr. Gerceker said. “It’s capturing the judiciary as a whole.”

The governing party also proposed more government oversight of the Supreme Board of Judges and Prosecutors, an important body within the judiciary that appoints court officials.

The board has criticized the governing party for interfering in the judiciary, particularly regarding the trial of the suspected coup plotters, who are accused of taking part in a network called Ergenekon.

As part of the continuing investigation, 10 more people were detained in six cities on Monday, joining hundreds of others, including academics, intellectuals and military officers, indicted in the Ergenekon case since 2008.

Among other constitutional changes, the reform package would allow former generals who took part in the military coup in 1980 to be tried, annulling a clause that granted immunity.

It would also allow military officers to appeal against exclusion from the army for alleged links to radical Islamic or other religious groups, and open the way for officers to be tried in civilian rather than military courts for plotting against civilian governments.

Two leading opposition parties in Parliament, the Republican People’s Party and Nationalist Movement Party, have rebuffed the reform package on the premise that it was drawn up without consultation in Parliament.

In his news conference, Mr. Cicek said the government was open to consultation before a draft of the proposals is sent to the floor of the Parliament in the next two weeks.

If the proposed constitutional changes fail to win the two-thirds majority needed to pass in Parliament, the government will hold a referendum to ratify them, Justice Minister Sadullah Ergin said.

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