Package might lift bans on Kurdish politicians

The Constitutional Court in shutting down the DTP also ruled to ban a large number of former DTP members including its co-chairpersons, Ahmet Türk and Aysel Tuğluk. The amendment package, when enacted, might give them the right to appeal this decision. Ferhat Sarıkaya, a prosecutor who was disbarred by the Supreme Board of Judges and Prosecutors (HSYK) after indicting a chief of General Staff, might also be allowed to return to the legal profession. However, the package’s amendments will need to be interpreted boldly by liberal judges in both cases.

The constitutional reform package changes the current regulations regarding party closures and reduces the political ban period of five years to three for members of parties shut down. Members of the Peace and Democracy Party (BDP), the DTP’s successor, have been lobbying to make sure the changes in the constitutional amendment package are extended to cover the status of Türk and Tuğluk. This week, the BDP submitted a motion requesting that the changes enacted apply retroactively to Türk and Tuğluk. Both politicians are being tried for various allegations of promoting separatism. BDP Şırnak deputy Hasip Kaplan in the petition requested a temporary article to be added to the constitutional amendment package toward this end; however, the government has refused.

BDP lawyers are now planning to initiate a legal process to obtain this right through court rulings instead of a temporary article. Lawyers representing Türk and Tuğluk will apply to court as soon as the package is enacted. However, legal experts expressed varied opinions on how the new regulations stemming from the changes in the package might be interpreted by different judges. Meanwhile, the BDP has also decided to go to the European Court of Human Rights to appeal their political ban, which might, experts say, shorten the duration of their ban from five years to three.

Disbarred judges and prosecutors

The constitutional reform package also makes changes to the HSYK’s structure, which is remembered for expelling former Van Public Prosecutor Ferhat Sarıkaya from the legal profession after Sarıkaya had indicted then-Chief of General Staff Gen. Yaşar Büyükanıt in 2005 on the grounds that he had overstepped his authority. Since its establishment in 1982 with the acceptance of the post-coup Constitution, the HSYK has dismissed 487 judges and prosecutors, none of whom have been able to appeal the board’s decision, considered to be the final ruling under current law.

Of the 38 prosecutors and judges dismissed by the board in the past five years, only one, Sacit Kayasu, who had attempted to bring Kenan Evren -- the general who led the 1980 coup d’état -- to justice has appealed to the European court, which ruled in favor of Kayasu and imposed a hefty fine on Turkey, asking that he be reinstituted as a prosecutor. However, this decision has not been upheld by the board to date.

Arınç’s statement on Sarıkaya

On Thursday Deputy Prime Minister Bülent Arınç made a statement saying it could be possible, based on a judge’s interpretation, for some individuals banned from politics or who have been disbarred by the HSYK to return to their posts. However, how it will work out in practice will depend solely on the Supreme Court of Appeals’ rulings.

Currently, conscientious objectors in Turkey are tried in military courts if they are captured after being declared AWOL. The new package also amends the Constitution to prohibit the trying of civilians in military courts except in times of war. Conscientious objectors will most likely make use of this new right when the package passes. Not only they, but hundreds of others who are being tried in military courts despite being civilians, might obtain the upper hand in their legal struggle. Officers expelled from the military by the Supreme Military Council (YAŞ) will also have the right to appeal their expulsion.