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Tunç: CHP should make up for previous proposal on Article 35
Article 35 of the Turkish Armed Forces (TSK) Internal Service Law has often been criticized for having provided a legal basis for the past four coups d'état and the government recently announced plans to either amend or abolish it. Last year, the CHP submitted a bill suggesting changes to the article but the Justice and Development Party (AK Party) rejected the proposal, finding it even more “backward” than the current article.
“We want to see some sincerity on the CHP's part in terms of democratization. First, we are expecting to see an attitude that will make us forget about its earlier antidemocratic proposal on Article 35,” Tunç said. He noted that the period ahead was going to see many democratic reforms, adding that they would love to have the CHP's support.
The CHP is planning to make another proposal regarding Article 35 once Parliament resumes work on Oct. 1. “I am worried that they might bring back the same proposal because the CHP has made it a habit to take issue with something and then forget about it. I wish they were more well meaning on reforms and democratization. Actually, the main opposition party should be much more aggressive in pursuing reform than the government party, but unfortunately this is not the case with the CHP,” he continued.
Tunç, an AK Party deputy from Bartın, said his party was committed to destroying any obstacles in the way of democracy and the supremacy of law. He criticized the CHP for its failure to clear itself of the image that it supports illegal gangs inside the state, pointing to the CHP's nomination of some suspects in the trial into Ergenekon -- a clandestine gang charged with plotting to overthrow the government -- as parliamentary deputies, he said. “Unfortunately, we can't say the CHP is doing well on the democratization test.”
Tunç said upcoming parliamentary work on drafting a new constitution will be another significant test for all political parties. He recalled that all the political parties called for constitutional change during their election campaigns, adding that they should be able to reach a compromise on a final text for a new and more democratic constitution. “We expect Parliament to pass far-reaching reforms, the foremost being a new Constitution. These have to happen through consensus. We as the AK Party are determined to do this because this is the point Turkey has come to. We think that the opposition's recent statements in this regard are promising, but we want to see more of this and we want to see their contributions to the commission that will work on a new constitution,” he stated.
Article 35 background
Article 35 of the TSK Internal Service Law entered Turkish legislation after the May 27, 1960 coup d'état. It was later cited as the legal basis for the March 12, 1971 and Sept. 12, 1980 interventions. It says the duty of the military is to “preserve and protect the Republic of Turkey.”
Attempts to abolish or improve Article 35 are part of a general trend of limiting the influence of the military that began with the removal of a constitutional article that protected Gen. Kenan Evren, who led the 1980 coup, with a referendum on Sept. 12, 2010, coincidentally the same date on which the 1980 coup was staged.
In the most recent application of the pro-coup interpretation of the article, the military cited Article 35 when they staged an unarmed military intervention on Feb. 28, 1997, which overthrew the Refah-Yol coalition government at the time.
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