Long-awaited reform package to be unveiled today

The number of articles in the planned reform package had been initially announced as 12, but the figure has risen to 24. The exact number of articles in the package will be clear after today.

The AK Party will present the package to other political parties that are not represented in Parliament as well. The package will take its final shape after consultations with the other parties.

The reform package, which was drafted by Parliament's Constitution Committee head and AK Party deputy Burhan Kuzu, Parliament's Justice Committee head Ahmet İyimaya and AK Party group deputy chairman Bekir Bozdağ, was sent to Justice Ministry last Friday.

The government wants to pass constitutional amendments to restructure the Supreme Board of Judges and Prosecutors (HSYK) and the Constitutional Court. Its aim is to ensure a more democratic selection and promotion process in the higher judiciary, which would be open to parliamentary review.

The package was examined by Justice Ministry experts and Prime Minister Recep Tayyip Erdoğan over the weekend. Speaking to Today’s Zaman, Bozdağ said the reform package will be made public today and will be presented to political parties, while noting that it was Erdoğan and the Justice Ministry that will have the last word regarding the final shape of the package.

The overhaul of the HSYK, which appoints officers of the court, is among the most contentious issues in the package. The judicial reform package is intended 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 the board’s decisions. In addition, procedures to select HSYK members will be redesigned to ensure that the HSYK represents a range of opinions, not just one view. The package would increase the number of HSYK members from seven to 21. The executive and legislative bodies will appoint seven members, and the remaining 14 will be elected by judges and prosecutors.

The reform package also plans to make it more difficult to shut down political parties. No political party will be closed unless it is charged with violence and terrorism. The opening of a closure case against a party will require the approval of Parliament.

The current system allows a Supreme Court of Appeals chief prosecutor to file a closure case against any political party. It enables the Constitutional Court to ban parties that it deems a threat to Turkey’s secular identity. The AK Party narrowly survived an attempt to ban it in 2008, while the provision was most recently used to shut down the pro-Kurdish Democratic Society Party (DTP) last December.

The package also includes other changes such as the establishment of an ombudsman system, making it easier to individually apply to the Constitutional Court, introducing positive discrimination for women, the requirement of a court decision for a travel ban and narrowing the mandate of the military judiciary. Decisions made at the Supreme Military Council (YAŞ) will also be subject to judicial review, according to the package.

Every year Turkey witnesses fierce debates over the YAŞ meetings, during which the Turkish Armed Forces (TSK) and the government decide on promotions and retirements within the military. The YAŞ meetings, which take place twice a year, are also an occasion in which officers suspected of engaging in anti-secular activities are expelled from the TSK.

Officers so discharged from the military do not have the right to appeal to a judicial body or demand a review of the decision for dismissal.

The constitutional reform package will also bring constitutional protections for personal data. Under the reforms, no agency will have the authority to record information about an individual’s race, political opinions, philosophical beliefs, religion, denomination or other type of convictions, membership in an association, foundation or a union, health condition or private affairs. It also introduces strict restrictions on the handling of police and criminal records.

The package in addition declares torture to be a constitutional crime and would charge suspects accused of torture with violating the Constitution.