Pro-Kurdish BDP reconsiders stance on constitutional reform

But whatever the decision of the party on supporting the package as a whole, most BDP deputies will probably say “yes” to one of the articles of the reform package, paving the way for the trial of the officials responsible for the Sept. 12, 1980 coup d'état. The BDP, since the beginning of the discussions regarding the constitutional amendments, has said that they are not against the constitutional reform package in principle, although they would like to see more changes that would serve the democratization of the country.

However, in order to support the government’s proposal they set some preconditions such as lowering the 10 percent election threshold and amending the Turkish Penal Code (TCK) and the anti-terror laws. BDP officials underlined that if the government promises these changes it will be enough for the BDP deputies to support the reform package, but the government has promised nothing yet.

The leader of the terrorist Kurdistan Workers’ Party (PKK), Abdullah Öcalan, who is serving life in prison on İmralı Island in the Marmara Sea, also said that if these demands were not meet, the BDP should not support the package but should form a strong “no” front. The attitude of the BDP has been criticized by civil society organizations including the Diyarbakır Chamber of Trade and Industry (DTSO).

Öcalan, in recent meetings with his lawyers, suggested that the BDP reconsider its position and give its conditional support to the reform package. Meanwhile there are ongoing negotiations between the government and the BDP on the issue. As a result of these negotiations, five BDP deputies voted for an article of the package regarding the closure of political parties. For the other articles of the package, the BDP is joining in the discussions in Parliament but boycotting the voting.

BDP Diyarbakır deputy Akın Birdal said, prior to the party’s Monday meeting in which the party’s position is expected to be reconsidered, that their demands are still on the table and they should be considered as part of the democratization process:

“It might take time to lower the election threshold but some changes in the TCK and anti-terror laws to bring the release of children and mayors who are under arrest can be easily done,” he said.

Security forces last year, in an operation allegedly against the urban branches of the PKK, arrested around 1,000 people, including several BDP mayors and pro-Kurdish politicians. There are many ongoing court cases involving children in southeastern and eastern Anatolia who participated in demonstrations and are facing trials as adults due to the TCK and the anti-terror law.

Birdal recalled that one of the most controversial articles of the reform package, regulating the structure of the Constitutional Court, passed with 331 votes, just one vote clear of the 330 required to pass.

“If the government really wants to finish the job it started, it should listen to us and should not see our demands as ‘concessions’ but as necessary steps for democratization,” he told Today’s Zaman.

Birdal and other BDP deputies including Ufuk Uras, Hasip Kaplan and Nuri Yaman are planning to suggest to their party that whatever the attitude of the government, the regulation opening the way to the trial of the 1980 coup leaders should be supported. Article 15 of the Constitution grants the coup perpetrators immunity.

The BDP is also planning to suggest that an article be added to the Constitution in order to remove the statute of limitations for crimes against humanity. When Birdal was asked whether he will support the abolishment of Article 15 of the Constitution even if the removal of the statute of limitations is not accepted, he said he would.

“As a victim of the Sept. 12 coup, I think there should not be any pretext for not trying the perpetrators,” Birdal underlined.