Concerns over Constitutional Court ruling mounting among MEPs

The law, approved in early July, which included a change to Article 5918 of the Turkish Penal Code (TCK), paved the way for military personnel to be tried in civilian courts and prevented the prosecution of civilians in military courts. The law was a major change in civilian-military relations, analysts said, because such a move limits the power of the military over civilians. The law was passed as part of government efforts to align Turkey’s judicial system with that of the European Union.

The adoption of the law was at the time hailed by many as the biggest step taken by the ruling Justice and Development Party (AK Party) toward creating a balanced military-civilian relationship in the EU candidate country.

However, the Constitutional Court overturned the law allowing the military to be put on trial in civilian courts, a move fiercely opposed by the armed forces at a time of escalated tension with the government, with a unanimous ruling.

According to Dutch Christian Democrat Ria Oomen-Ruijten, the Constitutional Court ruling clearly shows the urgent need for a new constitution in Turkey.

“Civilian rulers’ control over military forces is an indispensable condition for every European country. This is what should exist in every healthy democracy. However, all of these incidents show us an urgent need, which is the rewriting of the constitution immediately,” Oomen-Ruijten, the European Parliament’s rapporteur on Turkey, told Today’s Zaman.

A November report penned by Oomen-Ruijten had said that the European Parliament “takes note of progress made on legislation limiting the jurisdiction of military courts and regrets the lodging of an appeal before the Constitutional Court seeking annulment of that legislation; is concerned by the continuing involvement of the military in Turkish politics and foreign policy, and reiterates that in a democratic society the military must be fully subject to civilian oversight.”

Maria Eleni Koppa, a Greek lawmaker of the Group of the Progressive Alliance of Socialists and Democrats in the European Parliament, meanwhile, recalled how the European Parliament focused on civilian-military relations in its work regarding Turkey.

“We’re extremely worried over the court’s ruling. The military is still having too much say in politics in Turkey,” Koppa, also the vice chairperson of the EU-Turkey Joint Parliamentary Committee, told Today’s Zaman, reiterating that civilian control over military forces is a must for EU membership.

“As members of the European Parliament, we are also very concerned over the details of the Balyoz coup plan. We’re closely following the developments,” Koppa also highlighted, referring to a plan allegedly prepared by the Turkish Armed Forces (TSK) and aiming to create an atmosphere of chaos in the country through a series of acts of violence which would eventually lead to a military coup.

The coup plan exposed by the liberal Taraf daily last Wednesday and titled the Balyoz (Sledgehammer) Security Operation Plan, was drafted in 2003, shortly after the AK Party came to power. The masterminds behind the plan were apparently retired Gen. Çetin Doğan, who was then-commander of the 1st Army, former Air Forces Commander Gen. İbrahim Fırtına and retired Gen. Ergin Saygun.

Oomen-Ruijten suggested that Turkey’s fundamental problems concerning democratization could only be resolved through a rewritten constitution.

“Otherwise, all reforms will be handicapped with the existing constitution. We have been hearing nowadays that a new constitution can be written after the next elections. We’ve been worried of such hearsay, because that hearsay means that there will be no serious reforms until after the elections. The latest ruling by the Constitutional Court has clearly shown us that we can forget about reforms as long as a new constitution is not adopted,” she warned.