CHP announces plans to block judicial reform

The package seeks to reform Turkey's judicial institutions, including the Supreme Board of Judges and Prosecutors (HSYK). The Republican People's Party (CHP), which has challenged and in many cases effectively blocked various earlier constitutional reform attempts by the government, now says it is impossible to hold a referendum before a year passes after the referendum period change that was adopted in Parliament on Wednesday. CHP parliamentary group deputy chairman Hakkı Süha Okay came up with a new formula to block any constitutional amendment.

Basing his arguments on Articles 67 and 79 of the Constitution, Okay argued that any draft adopted in Parliament can only be enacted one year after its passage. Article 67 says constitutional changes can only be enacted a year after elections. Article 79 describes public referenda as a form of election.

According to this, if the AK Party’s constitutional package is taken to a public vote, this will mean that it would be applicable only after a year even if it is approved.

The AK Party, however, dismisses Okay’s argument. Bekir Bozdağ, the AK Party’s parliamentary group chairman, said the articles in question are relevant in the discussion of changes to laws on elections only. Peace and Democracy Party (BDP) Şırnak deputy Hasip Kaplan agrees with Bozdağ. However, the Nationalist Movement Party (MHP) seems to be backing the CHP, as their parliamentary group deputy chairman Oktay Vural said on Wednesday, “There is a legal problem here.” CHP leader Deniz Baykal also vowed to challenge the package at the Constitutional Court.

President Abdullah Gül met with MHP leader Devlet Bahçeli on Thursday at the Çankaya presidential palace to discuss a planned constitutional reform package.

Meanwhile, President Abdullah Gül has been working to reconcile the sides to facilitate passage of the constitutional amendments, holding meetings with the prime minister and opposition leaders to this end. On Wednesday he met with Baykal. In an earlier speech on the same day, Baykal had said: “We are certainly opposed to any changes to the Constitution in such an environment. The AK Party is only now bringing a proposal to change the Constitution despite being in power for the past eight years. It is trying to do this in order to ‘save itself’, in the event it loses power. Not only us, but high judiciaal organs and respectable jurists are also against it. The real target of the constitutional change package is to politicize the judiciary. It is impossible for a Parliament two of whose parties have been convicted by the Constitutional Court,” Baykal said, referring to two earlier rulings of the court declaring the AK Party a “center” of anti-secular activity and shutting down the Democratic Society Party (DTP), the BDP’s predecessor, on charges of separatism.

“We will challenge the package if the AK Party changes the Constitution in a way that would end the independence of the judiciary,” Baykal said.

During his 1 hour, 40 minute meeting with the president, which was scheduled at the president’s invitation, Baykal said he repeated his views on the package. He said he recalled Constitutional Court President Haşim Kılıç’s words cautioning the government against “hasty approaches.” MHP leader Devlet Bahçeli also met with Gül today, though no statements were made after the meeting. Gül also received BDP leader Selahattin Demirtaş and Prime Minister Recep Tayyip Erdoğan yesterday.

Erdoğan criticizes opposition

Prime Minister Erdoğan yesterday criticized the opposition’s unyielding stance regarding constitutional amendments and other reforms in general. He said advancement in science, the arts and technology can only be possible with more freedoms and a sounder democracy. He accused the opposition of opposing the constitutional package without even seeing its content. “Those who say this current parliament can’t do it are denying their own existence. They are denying the authority vested in them by the people. They are denying that which was entrusted in their hands by the people. They are denying the political system,” said Erdoğan.  He said it was impossible for Turkey to develop in any sphere without a modern and liberal Constitution.

Erdoğan said the judicial reform changes included in the constitutional package would help bring Turkey closer to universal norms of law and the judiciary. He accused the opposition of opposing changes just because the changes are being introduced by the AK Party.

Changes included in the package

With the planned changes to the Constitution, the government plans to restructure the HSYK in line with standards of the European Union, which Turkey aspires to join. With the reforms, it will try to prevent the HSYK from being a board that acts according to ideological impulses. The most important change in terms of the guarantees of judges and prosecutors is allowing judicial oversight of HSYK decisions. In addition, procedures to select members would be designed to ensure that the HSYK represents a range of opinions, not just one view.