Gov't makes opposition rounds seeking support for reforms

The ruling party, which revealed the content of the package yesterday, also had talks with opposition parties on the planned reforms.

The package will go into force on the date of its publication in the Official Gazette if it is passed in Parliament. If the package is referred to a public vote, its contents will be voted as a whole and not item by item. The package seeks to amend Articles 10, 20, 23, 41, 53, 69, 74, 84, 94, 125, 128, 129, 144, 145, 146, 147, 148, 149, 156 and 159.

One of the changes the package will introduce is a new structure for the Supreme Board of Judges and Prosecutors (HSYK). With the change, the board will be made up of 21 permanent and 10 alternate members. The justice minister will continue to be the chairman of the board. The Justice Ministry undersecretary will be a member of the board.

Four permanent members will appointed by the president from among academics in law, economics and political science and lawyers; one permanent and one alternate member will be appointed by the Constitutional Court from among the court's rapporteurs; three permanent and two alternate members will be appointed by the Supreme Court of Appeals General Council from among the court's members; one permanent and one alternate member will be appointed by the Council of State from among its members; seven permanent and four alternate members will be appointed by judicial judges and prosecutors from among judges and prosecutors of the highest rank; while three permanent and two alternate members will be appointed by administrative judges and prosecutors from among the highest ranking administrative prosecutors and judges.

The members will be elected to the board for four years, with the right to be re-elected. With the change, the HSYK’s rulings to disbar a judge or a prosecutor will also be opened to further judicial review.

Party closures

If the package is passed, it will also make it more difficult to shut down political parties. The permission of a commission to which every party represented in Parliament assigns five members will be necessary to file a closure case against a political party based on a demand from the chief prosecutor of the Supreme Court of Appeals. A two-thirds majority vote by the commission, obtained by confidential voting, will be necessary to launch a closure case, which will then be decided by the Constitutional Court. Evidence against a political party used in an attempt to launch a Constitutional Court case against it shall not be used for a subsequent application if the demand is rejected the first time.

Other changes in the package

Changes to the structure of the Constitutional Court are also included in the package. The court will be made up of 19 members, three of whom will be assigned by Parliament. The remaining 16 will be appointed by the president. The members will be appointed for a term of 12 years with no possibility of serving a second term. The package also includes a change to Article 144 to allow the Justice Ministry to monitor the activities of judges and prosecutors.

In one of the most exciting changes in the package, temporary Article 15 of the Constitution will be repealed, which will make it possible to try the generals who staged the Sept. 12, 1980 coup d’état.

Political bans issued to politicians in party closures will be limited to three years, as opposed to the current five. The package abolishes the final provision of Article 84, which states that the parliamentary membership of those deputies whose actions are found to have led to the permanent closure of their party end when the Constitutional Court ruling regarding such individuals is published in the Official Gazette.

The decisions of the Supreme Military Council (YAŞ) will be opened to judicial review. The YAŞ decides on promotions and dismissals of military officers, and its say is final according to the current Constitution.

The changes also introduce the concept of “public monitoring,” paving the way for the establishment of an ombudsman’s office that is trusted by wide segments of society to resolve conflicts and investigate complaints.

The constitutional package also gives the right to collective bargaining to civil servants by changing Article 128 of the Constitution. Decisions of the disciplinary boards of public agencies will be opened to judicial appeal with a change to Article 129.

It also makes it possible for members of the military to be tried in civilian courts with a change to Article 145. This is crucial since it will overturn an earlier Constitutional Court annulment of a law allowing military officers to be tried in civilian courts. An amendment to Article 156 will also change the functioning of the Military Supreme Court of Appeals, introducing a provision that states that the court will function based on the principles of judicial independence.

The package also makes it much more difficult for judges to issue international travel bans and makes changes to the financial auditing system regarding political parties’ expenditures.

Before starting a round of visits to opposition parties seeking support for the package, Deputy Prime Minister Cemil Çiçek held a joint press conference in Parliament with Justice Minister Sadullah Ergin and AK Party parliamentary group deputy chairman Bekir Bozdağ. “We will submit our proposal to Parliament by the end of this month. We are open to every reasonable suggestion,” Çiçek said.

He said the constitutional changes were crucial for Turkey’s development and especially for the country’s European Union accession process. He said the AK Party wanted a better-functioning democracy, adding that the current Constitution was too “narrow” for Turkey.

Çiçek also said that he would be visiting the country’s large civil society and business organizations during his tour to drum up support for the constitutional amendment package.

Opposition given the package

Republican People’s Party (CHP) parliamentary group deputy chairmen Hakkı Suha Okay and Kemal Kılıçdaroğlu met the AK Party delegation at the door yesterday. The meeting was closed to the press. Okay made a statement after the meeting, saying they had not yet studied the package in detail. However, he said his party was not likely to support the package but noted that they would support the removal of temporary Article 15. He also said the constitutional amendment package was not the work of Parliament, but of the AK Party.

The AK Party delegation also visited the Peace and Democracy Party (BDP), where they were received at the door by BDP parliamentary group deputy chairmen Ayla Akat Ata and Bengi Yıldız. The delegation also met with the Nationalist Movement Party’s (MHP) Mehmet Şandır yesterday and with the Democrat Party (DP) in the evening. On Thursday, they will meet with the Felicity Party (SP), which is not represented in Parliament.