High judiciary source of referendum tension

Debates in even the remotest parts of Anatolia are mainly focused on the articles that change the composition of the Supreme Board of Judges and Prosecutors (HSYK) and the Constitutional Court.

The Constitutional Court's controversial decisions are listed in a flash. The illegal caste system in which around 300 Supreme Court of Appeals and Council of State members appoint the five members of the HSYK, which in turn appoints the members of the Council of State and Supreme Court of Appeals, is underlined. When the debates reach that point, those who advocate voting “no” in the referendum say, "The caste system is wrong, but so is making the high judiciary a crony of the Justice and Development Party [AK Party]."

This claim is refuted with the response that the new members of the HSYK will be chosen from among over 10,000 judges and prosecutors on the bench and members of the judiciary. The introduction of international contemporary standards to the Constitutional Court and HSYK and the focus on practices in advanced democracies are also emphasized. It is also pointed out that in ruling on the Republican People's Party's (CHP) appeal, the Constitutional Court was not concerned about judicial impartiality and independence.

In addition to all of these cases, new events that strengthen the hand of "yes advocates" have been taking place. Attempts by the HSYK to change judges and prosecutors handling special cases like the Ergenekon case in its summer decree did not escape the attention of people in Anatolia. They are very openly questioning the reasons behind such moves. They are making insinuations.

This is what we observed during a comprehensive tour of Tunceli and its districts, towns and villages. This is what we heard in dense meetings in the city of Malatya.

While following State Minister Cevdet Yılmaz's referendum campaign, we are listening to the assessments of citizens in the remotest parts of the country, including those who live in mountain villages. At the invitation of the Malatya Active Businessmen's Association (MAKİAD), we head to the Malatya Anemon hotel to attend a fast-breaking (iftar) dinner. Malatya, a province that is growing and transforming rapidly, has become a rising star and is attracting a lot of attention.

MAKİAD Chairman Ömer Fatin Nalçacı's in-depth assessment of the referendum provides a glimpse into the intellectual infrastructure of the city's transformation. One of the important points underlined by Nalçacı, who focused mainly on the issues of democracy, the business world and judicial reform, was this: "The referendum on Sept. 12 is the first critical step toward ensuring that democratically elected officials can exercise power."

The spaciousness of the hotel and its architecture is up to international standards and reflects the incredible change and transformations seen by Malatya in recent years. The in-depth conversation about democracy and the ample and comfortable environment for a second make you feel like you are in İstanbul, Brussels or Manhattan.

It was truly a pleasure to hear in Malatya assessments of basic problems that we usually hear from institutions like the Turkish Industrialists and Businessmen's Association (TÜSİAD) and the Turkish Union of Chambers and Commodities Exchanges (TOBB). Moreover, discussions were enriched with sincerity and candor. Yılmaz commended the "philosophical depth" of the speech and supported it with examples from the Turkish economy. Yılmaz's emphasis on the point that even if the "other requirements" of economic growth were met, the inability to embrace universal legal standards was a shackle" was impressive.

While Anatolia was debating the high judiciary's role as an obstacle to democratization, the HSYK filed a complaint with the Supreme Court of Appeals against Justice Minister Sadullah Ergin (for blocking its "pirate list"). As for the Council of State, it is continuing to make announcements that criticize the government.

But the tension over the high judiciary in Ankara is strengthening the hand of reform advocates in Anatolia.

A race of honor toward the referendum in Bingöl

State Minister Yılmaz has a unique way of communicating with voters. Unlike traditional politicians, he engages in dialogue with people regardless of their tone, age or gender. He listens to the other person thoroughly and makes a sincere effort understand subjects that are new to him. He exhibits such sincerity that he doesn't even allow his body guards to prevent mentally ill persons from approaching him.

He listens to what people say and if they have demands that seem difficult to satisfy, he says so candidly and does not try to give them false hope. As for demands that can be fulfilled, he immediately takes action. He immediately assigns someone to deal with the issue and makes a note for himself, as well.

Yılmaz, who is also the deputy for Bingöl, is the state minister responsible for development projects in eastern and southeastern Anatolia known as the Southeastern Anatolia Project (GAP) and the Eastern Anatolia Project (DAP). During his visit to provinces under his responsibility, the minister says, "I am a person from this region, just like you," and shows his sincerity by sharing memories from his childhood and teenage years.

When the time comes for him to make requests, he does so very gently.

During his visits as part of the referendum campaign, he explains the issue in detail and asks citizens to vote in the referendum using their free will and listening to their hearts. He had an interesting analogy about the insufficiency of the constitutional amendments. "Should we not sit at a table that has soup, lamb chops, salad and drinks just because it's missing a dessert? Should we not appease our appetite? First let's sit at the table and then we can look for dessert together."

This example is very successful and highly effective. When Yılmaz came together with people who are originally from Bingöl in Malatya, the quest for dessert ended. Apparently, a majority of people who are originally from Bingöl sell a dessert called "burma kadayıf."

Yılmaz concluded by saying, "As people from Bingöl, we are honored that our elders said no to the military Constitution 30 years ago. Today, let us allow our children to experience the same kind of honor by giving the highest 'yes' vote in Turkey."

Looking at minister Yılmaz's style, sincerity and interest in voters, it seems Bingöl is going to make sure it bestows that honor on its children.

From being an alternative to ruling party to a party at threshold limit

One of the biggest problems that the headquarters of political parties have faced is getting their provincial organizations motivated to pursue a referendum campaign. Excuses for the problem, which the AK party has also experiencing, included the August heat, being in “vacation mode” and the impact of Ramadan.

AK Party Tunceli Provincial Chairman Cihan Açıkgöz, Deputy Chairman Erdal Ak and the provincial executive board displayed the fruits of their efforts during Yılmaz's tour.

Getting such organizations to work requires tremendous motivation. The CHP and the Nationalist Movement Party (MHP) are having serious problems achieving this motivation. MHP leader Devlet Bahçeli has had to cancel his public rallies in cities across Turkey. CHP leader Kemal Kılıçdaroğlu is trying to keep the campaign going with his own energy as a newly elected leader.

Some canny CHP members are more upset about the MHP's troubles. During our Tunceli-Malatya tour, a fervent CHP supporter said: "The referendum has ruined us. We sacrificed our march to power for the referendum." The same voter, who wanted to remain anonymous because of his active role in local politics, added: "Even if the CHP maintained its current position and increased votes, the MHP is at a big loss. While the CHP-MHP coalition used to be a ruling party alternative, there are rumors that the MHP's votes may have declined to below the election threshold limit."

I asked the first MHP supporter I encountered his opinion. He did not agree with the claim that their votes are at the "threshold limit," but conceded that their chance of becoming a ruling party alternative is declining increasingly. Another claim he accepted is the lack of energy and motivation to carry out a referendum campaign. The local MHP politician spoke like a senior-level executive when he said: "We've seen the difficulty in convincing people to say 'no.' Forget the people on the street, we can't even convince our own constituent base."

Another complaint of MHP supporters is of being "stuck between listening to party instructions and listening to their conscience."