DSP leader Masum Türker told Today’s Zaman that the DSP firmly believes that Turkey has to get rid of its current Constitution, which he referred to as “the work of the Sept. 12, 1980,” coup d’état. “However, we should choose the method by which we will get rid of this Constitution very wisely,” he said.
The DSP radically differs from the main opposition Republican People’s Party (CHP), which also identifies itself as a leftist party. The CHP believes that since 75 articles of the 1982 Constitution have been amended so far, the Constitution no longer qualifies as a “coup d’état” Constitution, and therefore it does not need to be changed. The CHP also argues that the current Parliament does not have the authority to pass a new constitution.
This week DSP leader Türker started sharing his party’s proposed democratization package, which seeks to make changes to 20 articles of the Constitution and make five changes to the Political Parties Law and the Election Law, with representatives from other political parties. He met with CHP leader Deniz Baykal on Wednesday. Türker, who shared the details of this meeting with Today’s Zaman, believes that the government has to pass a small test to prove its sincerity concerning constitutional change and democratization.
Türker stated his opinion that the democratization package should be developed with contributions from all political parties, adding that his party’s proposed amendments to five articles of the laws governing political parties and elections were based on that understanding. “We have a five-article proposal for political party leaders. It should be made compulsory with an amendment to the law for all parties to elect their parliamentary candidates at a preliminary election. The election threshold for parliamentary representation should be dropped from 10 percent to 5 percent, the average in most EU countries. We should also introduce a female representation quota of 50 percent in political parties.”
Türker also proposed a 20-article constitutional change package to political party leaders. This package is not radically different from the one prepared by the government. The DSP wants the structure of the Supreme Council of Judges and Prosecutors (HSYK) and the Constitutional Court to be completely changed, stating that both institutions should have a two-chamber structure. It also wants to ensure that HSYK and Constitutional Court verdicts can be appealed.
In parallel with the changes it proposed to the Political Parties Law, the DSP wants the Constitution’s provisions on the closure of political parties to be harmonized with the EU’s Venice criteria, a set of rules that state when closing a political party can be allowed.
The DSP also would like to see changes to the political immunity granted to deputies and members of the government. The party does not demand that all political immunities be lifted, but wants all cases that are suspended due to the shield of immunity to be referred to the Supreme Court of Appeals 4th Criminal Chamber, where they would be exempt from statute of limitations restrictions. The DSP also wants an ombudsman institution to be established by a constitutional article and also says that the freedom to communicate should become a constitutional right. The DSP also wants Supreme Military Council (YAŞ) decisions to be open to appeal.
In response to a question on whether the DSP would back the AK Party’s package even if their five-article amendment proposal for the Political Parties Law and Election Law was rejected, Türker said: “From the start, we have never shut the door in anybody’s face. We will make our decision when we see the package.”
Türker said CHP leader Baykal agreed with most of the DSP’s suggestions. “Baykal is not against making changes to the Constitution or passing a new constitution. He is saying that we should establish the right method first.”
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