Venice Commission President Buquicchio: A ‘no’ in referendum will be a step backward

The European Commission for Democracy through Law, better known as the Venice Commission, is the Council of Europe's advisory body on constitutional matters. Established in 1990, the commission has played a leading role in the adoption of constitutions that conform to the standards of Europe's constitutional heritage.

Amid the heated debate in the run-up to voting day, Buquicchio made it clear that they fully support the package with some minor criticisms and hoped that the package would be approved by the Turkish people. A “no” vote, the president of the Venice Commission said, would be a step backward for Turkey and would have political consequences. Though a bit disappointed that Ankara did not consult the Venice Commission over the package, Buquicchio said he was for a brand new constitution and hoped that Prime Minister Recep Tayyip Erdoğan would keep his promise for a new constitution after next year's general elections. He called on the government to seek their help for a new and democratic constitution.

In an exclusive interview with Today's Zaman in Strasbourg, Buquicchio said the constitutional amendment package is a good step forward and is a highly needed step for Turkey.

He said he hopes very much personally that the referendum will receive a positive result. However, if a “no” vote emerges out of the ballot box, it would be a step backwards for Turkey. “There would be a lot of political consequences. If the referendum gets a negative response, that would, in my opinion, be a very bad moment for Turkey,” he noted.

On the two most controversial articles about the Constitutional Court and the Supreme Board of Judges and Prosecutors (HSYK), Buquicchio stressed several times during the interview that he had no concerns on the proposed makeup of these two judicial institutions.

On the proposed amendment to the structure of the Constitutional Court, Buquicchio said it is further proof of a good step forward. “Because the role of Parliament is increasing I am not in favor of appointments made by the president in general. In this case, it is different. The president only appoints the judges but the proposals are made by different democratic institutions. So this is completely different. It is not a nomination by the president. The president appoints only four of 17, which is not a significant proportion. So I think this is good and also that this amendment should be approved,” he said, adding his personal preferences on the appointments. He said he would prefer that members of the top court cannot be re-elected. If they can be re-elected, he said, perhaps they can lose a little bit of their independence. “But this is not important. This exists in many other countries. There are no European standards in this peculiar field. If a new constitution is passed in the future, perhaps we will insist on this small improvement. I have no concern on the proposed amendment,” he added.

For the Venice Commission president, planned changes to the structure of the HSYK will end the board’s dominance over the judiciary.

“I’ve read in the media a nice, good term: caste, judicial caste. And this is true because what happens until now is things don’t change. Members of the Supreme Court of Appeals and the Council of State appoint the members of the HSYK and the HSYK appoints judges to the two courts. We cannot accept this kind of situation. So the amendment is good because there is no longer a dominance of the HSYK on the judiciary. [With the planned amendments to the Constitution] all judges in Turkey can have a say in the appointment of members of this important board, which represents the independence of the judiciary. So it is a very good amendment and it should also be approved,” Buquicchio stated.

When asked about an ongoing discussion on whether Turkey is facing a civilian dictatorship under the incumbent single-party government, Buquicchio said does not agree because the term “civilian dictatorship” if self-contradictory.

“Civilian dictatorship, in my opinion, is a contradiction in itself because civilian leaders are not dictators, and dictatorship is never civilian. There are authoritarian regimes which are civilian but always function with the support of the military. Without the military dictatorship, they cannot exist. Civilian dictatorship is an incorrect definition. I would speak more of the supremacy of judicial authority over the military. And this is democracy and this is an important principle in Europe. The civilian authority must control and overlook the military. I have no concerns over a possible civilian dictatorship and I cannot accept this definition,” he stressed.

Buquicchio noted that he would rather the constitutional amendment package be the result of consensus among all political parties, but when consensus cannot be reached, he said, you have to go all alone. “I would like to invite the opposition, as I do with all the oppositions in Europe and beyond, to be constructive. I know political parties defend their own interests, but there are moments when all politicians must defend the interests of the country.”

The Venice Commission president directed criticism at the pro-Kurdish Peace and Democracy Party (BDP) over its decision to boycott the Sept. 12 referendum on the planned changes to the Constitution. He said he cannot accept the proposal of a boycott, and was very surprised when the BDP also boycotted the voting in Parliament to make it very difficult to ban political parties. He said he was very surprised as pro-Kurdish parties have been victims of this law many times over. The BDP decided to boycott the referendum on the grounds that the constitutional amendment package does not meet the needs of Kurds for an entirely new constitution. The party is urging its supporters in the region not to go to the ballot boxes on the day of the referendum.