Deputy PM Çiçek: It is high time to scrap current Constitution

Stating that the Sept. 12 referendum is the first step in Turkey's transition to a full-fledged democracy, Çiçek says the Supreme Board of Judges and Prosecutors (HSYK), whose structure is to be changed if a “yes” emerges from the ballot boxes, is currently “the most primitive institution in the world.” We are in Kırşehir with Çiçek and talking about the upcoming referendum and recent developments in Turkey as well as how the country has improved in the past eight years under AK Party rule.

Forty-three civil society organizations in Kırşehir have established a platform titled “Yes for Democracy,” which supports the reform package. There is no alternative platform. When it is also considered that the province in question is located in Central Anatolia, the “vote reservoir” of the AK Party, “yes” votes in the province amount to 60 percent. Çiçek begins touring on the streets after the fast-breaking dinner, chatting with shop owners and young people.

There is much interest in Çiçek from the local women. In addition to the women, everyone who experienced the Sept. 12, 1980 coup d’état also shows an interest in Çiçek. This picture shows that these two segments of society, women and the witnesses of the Sept. 12 coup, will determine the fate of the referendum.

Çiçek explained to us the importance of the constitutional changes on the ombudsman law and the protection of personal data based on examples from his own life. He says since constitutions consist of abstract texts, they should be explained with concrete examples.

Çiçek says he was not accepted to the Council of State due to his political views although he came first in an exam held by the high court to select Council of State judges. “I am also a victim of categorizing people. I hope Turkey will get rid of this shame on Sept. 12,” he says.

A change to Article 20 of the Constitution will protect personal data, requiring changes to the Turkish Penal Code (TCK), the Law on Acquisition of Information and the Law on the Protection of Personal Data.

Recalling that the need for a new Constitution was brought to the agenda by all civil society organizations and political parties even before the AK Party was founded, he criticized opposition parties that say the current Constitution was changed 18 times before and there is no need for further changes.

“If we liken this Constitution to a car, think of a car that has been repaired 18 times. This car no longer runs or frequently breaks down. It is high time to scrap this Constitution because it is now too tight for Turkey. The state can no longer be governed by this Constitution. Turkey should draft a brand new Constitution,” Çiçek says.

With these remarks, Çiçek complains that Turkey has thus far failed to make a brand new Constitution but he is hopeful for the period after the 2011 parliamentary elections. He says the AK Party will work to meet the demand for a new and civilian Constitution.

‘HYSK is the most primitive institution in world’

Çiçek, who served as the justice minister for four years, says he is ready for every kind of discussion concerning the opposition’s and the high judiciary’s claims that the government is aiming to take the control of the judiciary with the changes. “I am the person who knows best the structure of the HSYK. I was the chairman of that board for four years. This board is a primitive one. Such a primitive institution cannot exist in a democratic country. The structure of the board is risky and it is open to abuse. First of all, there is a kind of caste system in its structure. Such an outdated institution does not exist in improved democracies. All justice ministers who have chaired the board, both from the left and the right, have complained about the HSYK because the structure is faulty. It is pointless to expect healthy decisions from this structure,” he says.

Among other things, the reform package includes changes to the structure of the Constitutional Court and the HSYK. If the government-sponsored constitutional amendment package is approved in the Sept. 12 referendum, an overhaul of the HSYK’s structure will increase the number of the board’s members from seven to 22. Four members of the board will be appointed by the president, while three will be selected by the Supreme Court of Appeals. Two members will be named by the Council of State, and one will be selected by the Justice Academy of Turkey. The remaining members will be selected by judges and prosecutors.

Claims that the government will seize the HSYK and the Constitutional Court angers Çiçek a lot. Stating that the opposition parties are deceiving the nation with these claims, he recalls the Constitutional Court’s reasoned decision on the appeal to annul the package, which was published on Aug. 1.

“The opposition took these claims to Constitutional Court that we want to change and they do not. The [Republican People’s Party] CHP said in the appeal that the changes were against the principle of separation of powers and the government was aiming to take control of the judiciary. However, the court in its reasoned decision said these claims are not true and the changes strengthen the independence of the judiciary. If a court that they do not want to change says that, they cannot continue to slander us. Nobody has the right to deceive the public,” he says as his words get stronger.

‘Judiciary shot itself in the foot’

Çiçek is also highly critical of the members of the high judiciary and says incorrect and biased decisions of the judicial bodies in the past made these bodies questionable.

“The level of democracy in a country shows to what extent the judiciary is independent. Independence is required for impartiality. In Turkey, unfortunately, the judiciary is biased. The judicial bodies that are accusing the government of taking control of the judiciary are not aware that they have fallen victim to their past rulings. They cannot see the 367 and the 411 decisions they handed down,” he says.

One of the rulings Çiçek refers to is the Constitutional Court’s controversial annulment of a constitutional amendment that would have lifted the headscarf ban at university campuses in 2008 although 411 deputies in Parliament endorsed the amendment. The other is the infamous 367 quorum issue that erupted during presidential elections in 2007. In late April 2007, the Justice and Development Party (AK Party) announced that then Foreign Minister Abdullah Gül, whose wife wears a headscarf, was its nominee for president. Shortly after that, a former prosecutor put forward the idea that the parliamentary quorum for a presidential election must be 367, a claim that halted the parliamentary vote for the presidential election.

‘Sovereignty does not belong to nation in Turkey’

Çiçek, who has deep knowledge and experience on the constitutional law, says although the proverb “Sovereignty unconditionally belongs to the nation” by Mustafa Kemal Atatürk, the founder of the Turkish Republic, is heard everywhere in Turkey, it is a big lie. “I am saying frankly. Sovereignty does not unconditionally belong to the nation in this country. Some split the sovereignty into pieces and give them to others. They are saying that the governments elected by the nation can construct highways, hospitals and boost welfare but cannot have a say on ‘important issues’,” Çiçek says.