The court rejected the opposition parties' motion to stay the whole de-mining bill, but halted the enforcement of its provision outlining details on leasing the de-mined land to the contracted de-mining party. After the court's decision, it will be possible for a private company to bid for and obtain the de-mining contract and ultimately be granted the right to use the land for farming. However, the duration of this right cannot be enforced as provided in the bill until the court announces otherwise in its final verdict over the case.
The higher judicial organ made another decision at Thursday's meeting, deciding to discuss the main opposition Republican People's Party's (CHP) application for the annulment of a recent parliamentary amendment allowing military personnel to be tried in civilian courts under certain conditions.
The law on clearing the landmines along the Syrian border was passed in Parliament last month with only the backing of the ruling Justice and Development Party (AK Party) despite the joint objection of all opposition parties represented in Parliament. The bill was later brought before the Constitutional Court with a petition signed by 196 deputies for its reversal. The bill drew the opposition's ire because it could allow foreign companies to do the de-mining along the long border strip in return for the right to farm the fertile land for up to 49 years after completing the job in five years. The opposition holds the measure was contrary to Turkey's interests. Some say the land in question is also oil-rich.
Another bill the higher judicial organ put on their agenda on Thursday was the amendment to the Code on Criminal Procedure (CMK) which prevents civilians from being tried in military courts and also, even more significantly, paves the way for military personnel to be tried by civilian courts if they are charged with crimes such as terrorism or forming gangs for other purposes including plotting to topple the country's democratically elected government.
With the law entering into force following President Abdullah Gül's recent approval, Turkey has rid itself of its notorious status of being the only country in the 47-nation Council of Europe (CoE) where military courts could still hear civilian cases. The legislation was brought before the Constitutional Court by the CHP, who have faced widespread criticism for their action. Several social democratic intellectuals in the country have asked the Socialist International to immediately expel the CHP, arguing that it has proved once again that it is a pro-status quo and statist party rather than one committed to the values of social democracy. The CHP has paid 143 visits to the court demanding the annulment of legislation, most of which were widely seen as necessary for the country's economic development and further democratization, since late 2002.
