In a major policy shift, meanwhile, the ruling Justice and Development Party (AK Party) has pursued a proactive foreign policy, achieving positive results, such as the normalization of ties with most of its neighbors once regarded as enemies. But for this policy to continue to be successful, internal problems, such as the decades-long Kurdish question, the military’s destabilizing role in politics as well as the judiciary’s pro-state stance at the expense of the citizenry, should have been addressed.
Thus, the government has made a move to bring the Turkish judiciary up to democratic standards and has been working on the details of a constitutional reform package, with judicial reforms comprising the greater part.
Although details of the package have been leaked to the media, it has not yet been officially disclosed by the AK Party. The government is expected to announce the details of the draft reform package later this week and to share them with the uncompromising opposition parties, in particular with the main opposition Republican People’s Party (CHP).
CHP leader Deniz Baykal declared last week, however, that his party will take the reform package to the Constitutional Court if it is adopted by Parliament. The CHP has long been paralyzing the functions of Parliament by taking several critical laws adopted by the AK Party majority to the Constitutional Court, itself a product of the 1982 Constitution, dictated by the 1980 military junta.
In most cases, the court cancels laws in line with the CHP’s requests, but this raises fundamental questions over the fairness of its verdicts. One of the latest examples is the court’s cancellation of an amendment made in a law that paved the way for the prosecution of military personnel in civilian courts for crimes such as acts violating the constitutional order. This law was important in meeting the European Union’s democratic criteria.
Nevertheless, the government is determined to pursue a mini constitutional reform package as a last resort before the next general elections, which are scheduled to take place in July of next year or even earlier. Early elections held later this year are also a possibility.
Though officially not yet made public, the reform package includes a major change in structure for the controversial Supreme Board of Judges and Prosecutors (HSYK), also a product of the 1982 Constitution. Radical reforms such as the affiliation of the Turkish Armed Forces (TSK) to the Ministry of Defense are not included in the reform package, but opening the decisions of the Supreme Military Council (YAŞ) to judicial oversight is envisaged. This will be an important step on the way toward democratization, narrowing the room for maneuver for the TSK to arbitrarily discharge officers in particular over charges of extreme fundamentalism.
The package foresees making the closure of political parties more difficult, while also envisaging a change in Article 145 of the Constitution so that the previously mentioned amended law cancelled by the Constitutional Court can be reintroduced.
If the mini constitutional reform package is not adopted by the three opposition parties in Parliament, as the ruling party’s 337 deputies are not enough for those changes to be approved, the government will take the changes to a referendum. The CHP says the timing of taking the changes to a referendum is also against the Constitution while AK Party officials accuse the main opposition party of interpreting the related article of the Constitution wrongly. The wide disparity in the interpretation of Turkish laws and the Constitution shows how vital it is for the country to have a new civilian constitution that fits today’s Turkey.
The AK Party wasted time in introducing a new constitution several years ago. Its mini constitutional package, meanwhile, has faced many hurdles so far, mainly from within Parliament itself. But a consensus has already emerged within Turkish society in favor of a new liberal constitution.
