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Rights groups seek verdict on ‘secret constitution’
The Human Rights Association (İHD) and the Human Rights Foundation of Turkey (TİHV) demanded the suspension of the MGSB and its eventual cancellation in their 2006 application since it is in violation of human rights, the Constitution and international agreements on human rights signed by Turkey. The human rights activists underlined that such a document should be prepared by the government and submitted to Parliament for approval but that the MGSB, also known as the “Red Book,” had been prepared by the National Security Council (MGK) and approved by the government, although Cabinet members who do not have a seat in the MGK don’t know the content of the document. The document was not submitted to Parliament for approval, although the Constitution explicitly underlines that the Cabinet answers to Parliament for national security matters.
“We applied to the Council of State in 2006. The court asked the Prime Ministry about the document, but the answer was the document is a state secret. This answer was signed by a deputy undersecretary of the Prime Ministry. If something is a state secret only the prime minister or related minister can answer the question of the Council of State,” Öztürk Türkdoğan, the chairman of the İHD, said. Türkdoğan is the lawyer of both organizations who made the application to the Council of State in 2006.
According to him, the Council of State had the authority to search for the document, but it did not act this way.
The document, which is known as Turkey’s “secret constitution,” lies behind many military interventions as it enables the military to plot against governments. Religious reactionaryism, ethnic separatism and extreme leftist movements are listed as the three most dangerous threats to Turkey’s security in the Red Book. Nationalist and neo-nationalist organizations are also seen as elements of domestic threats.
In their application to the Council of State the human rights activists asked which measures are used to determine what is extreme left or moderate left and who decides according to which standards.
“The MGSB is against human rights and basic freedoms because it is prepared in accordance with a very wide concept of national security based on internal and external threats. Such kinds of definitions can only be made if there is an ideological preference. Such a document inevitably brings restrictions on human rights and basic freedoms,” the application outlined.
“In a democratic rule of state it is not acceptable for any document that has a major determining and binding force on foreign and domestic policy be hidden from the public especially from Parliament. However in democratic countries, Parliament determines foreign and domestic politics,” the application states and claims that the MSGB is against the Constitution.
“We will apply to the Council of State to reach a verdict about our application. It has been four years now, and the MGSB is in use. According to the Constitution, a document that affects human rights and basic freedoms should be prepared by the government and should be submitted to Parliament,” Türkdoğan said.
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