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Kılıç: Law on trial of military officers main priority for top court
Speaking to Today's Zaman during a ceremony on Thursday evening marking the opening of the legislative year, Kılıç said the Constitutional Court has placed a priority on a case filed by the Republican People's Party (CHP) for the annulment of a law passed this summer that allows military officers to be tried in civilian courts. He said the court's rapporteur was nearing the end of his work. “When the case comes before us, we will take it up. We'll hear it as a priority,” he said.
In July, the main opposition CHP applied to the court for annulment of the law. The CHP argued in its application that the new legislation is a violation of Article 145 of the Constitution. The party argued that an attempt at a coup d'état is, above all else, a disciplinary crime. Officers seeking a coup d'état to overthrow the government or to shut down Parliament are, it is argued, violating discipline within the chain of command.
Further, they say officers who do not obey their commanders in regards to a coup d'état should be tried in military courts, not in civilian courts.
The former chief prosecutor of the Supreme Court of Appeals, Sabih Kanadoğlu, remembered as the mastermind of a controversial legal idea in 2007 that caused the cancellation of a presidential election in Parliament, shared his opinions, helping to shape the CHP's argument. However, Kanadoğlu's opinions were sought unofficially, observers note.
The text of the CHP's appeal also asserts that the law would blur the lines of authority between the civilian judiciary and the military judiciary, which is a violation of the law and could also, the CHP argues, lead to conflict.
Kılıç said he couldn't give an exact date for when the court would start hearing the case. “We can't say anything before the report is ready. We will set a date to review the case once it comes in,” he said.
Kılıç on DTP testimony dilemma
Kılıç also commented on a ruling made by an Ankara court last week calling for three Democratic Society Party (DTP) deputies to be brought to court in December, by force if need be. The deputies are accused of making separatist statements in the past, and they have all refused to testify, saying the allegations against them are an indication of discrimination against Kurdish politicians.
Kılıç said that if the DTP deputies are indeed taken to court by force for the next hearing -- slated for Dec. 29 -- it would be a really embarrassing situation for Turkey. He noted however, that it was possible for Parliament to pass legislation to prevent such an incident.
Şahin: I can't save DTP outside Parliament
Parliament Speaker Mehmet Ali Şahin also attended Thursday's reception. “Parliament will find a way out of everything. I don't think it's appropriate for them to be taken to court by the police. I have no powers outside Parliament. I can't do anything outside Parliament. But I'm sure we can find a solution in Parliament. No need to stress. We will do whatever is necessary,” he said.
Top generals and members of opposition parties did not come to the reception. President Abdullah Gül, Prime Minister Recep Tayyip Erdoğan, ministers, deputies and members of the judiciary attended the reception. CHP leader Deniz Baykal continued his tradition of not attending, which began with the election of the Justice and Development Party (AK Party) to power. Nationalist Movement Party (MHP) leader Devlet Bahçeli and DTP leader Ahmet Türk did not attend the reception, either.
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