But let us not miss the main point. The CHP, the Judges and Prosecutors Association (YARSAV), higher judiciary elites and Ergenekon supporters did not get what they wanted. If you’re wondering who the Constitutional Court’s decision supports, then just look at the surprise that’s dominating the CHP and Ergenekon front. The CHP had so much confidence in the court that it had a hard time understanding what Haşım Kılıç said at first. They made contradictory statements on camera. Taking into consideration that CHP leader Kemal Kılıçdaroğlu had said they would vote against the package in the referendum and that Nationalist Movement Party (MHP) deputy group chairmen Oktay Vural and Mehmet Şandır announced they would stand beside the CHP in the struggle saying, “The nation will reject all the changes in the referendum,” I say the Constitutional Court’s decision was very beneficial.
We have a great opportunity and a new period for democratization ahead of us. We can understand how valuable this decision is by contemplating what would have happened if the court had ruled otherwise. What if the articles related to the composition of the Constitutional Court and the Supreme Board of Judges and Prosecutors (HSYK) had been annulled, or what if a referendum had been prevented?
I could almost hear the supporters of military tutelage shout for joy. It would have been a moral and psychological victory for them. They would have mounted the attack to win back all the positions they’ve lost. No one would have been able to stop them from making sure the Ergenekon case failed.
Yes, the Constitutional Court violated the law. It violated the Constitution by starting its review on form and then ending it on substance. Is there anything we can do about this? Is there a place we can go to object? No.
But there is one important duty we can fulfill to make sure Turkey rids itself of military tutelage, and that is to vote “yes” in the referendum on Sept. 12.
Even the date with which the referendum coincides is a good sign. We might be able to break the back of the Sept. 12, 1980, coup Constitution on Sept. 12. We can pierce a hole in its pillar that military tutelage supporters won’t be able to repair ever again.
The Constitutional Court’s decision is not a decision that should upset those who want democratization. On the contrary, it has paved the way for the nation to use its referendum authority. It has given the nation the opportunity to “have the final say” on a matter like amending the constitution. Only the voters’ decision can silence the evil tongues that oppose democratization. The voters’ will is the most frightening thing for those who rely on the power of the central state. That is why they never want a referendum. They opposed a referendum on electing the president by popular vote as well.
Is there any logical explanation as to why a party which is called the people’s party is afraid of the people’s will? The CHP applied to the Constitutional Court to prevent a referendum, anyway. Now they say there is “benefit in the rejection.” This is exactly what the CHP does not get. What the CHP sees as beneficial is completely different from what the nation sees. For example, the CHP’s understanding of secularism is the complete opposite of what the nation understands as secularism. Wearing a headscarf while studying at university is considered a right and religious obligation by 80 percent of the people in this nation. According to the CHP, it is a political symbol. There’s also a contradiction between the CHP’s insistence on supporting military tutelage and society’s desire to end the status quo and pursue democratization.
Today is the day to work to make sure the outcome of the referendum is in the affirmative. Everyone that wants democratization, especially the Justice and Development Party (AK Party) and the Felicity Party (SP), need to explain the importance of the referendum and the benefits that our nation will enjoy if the people vote “yes.” We should not allow certain media outlets to confuse people’s minds.
The CHP will do what suits the CHP. But, I don’t know how the MHP and the Peace and Democracy Party (BDP) are going to be able to justify themselves when they ask their constituents to vote “no” on the referendum.
The MHP has never been in such a difficult position before.