The court imposed financial penalties on the party in July for eroding secularism but dismissed the state prosecutor's case to shut down the party and ban Prime Minister Recep Tayyip Erdoğan and other leading party members from political activity for the next five years.
Nihat Ergün, chairman of the AK Party's parliamentary group, said Friday that the opinion confirmed the AK Party's success in pushing democratization and the EU process.
"The reasoned opinion has two aspects," Ergün said. "One emphasizes that secularism is important, and it's a warning to pay attention to sensitivities about secularism. The other aspect says the government is not aiming to erode secularism. It confirms that the government is democratizing Turkey. These two aspects should be evaluated together."
Ergün also noted that the Constitutional Court had dismissed 370 pieces of the evidence against the AK Party, highlighting that only 30 statements and acts by AK Party officials were found to be anti-secular. But he said his party attached importance to the court's finding that some words and actions were against secularism.
He stressed that the court had reviewed evidence in favor of the AK Party, establishing that the government had moved forward Turkey's EU membership process, carried out political and legal reform, removed obstacles to democracy and freedoms, introduced affirmative action for women, increased human rights standards and expanded press freedoms.
"The government has taken this decision to stress the sensitivity about secularism," Ergün said. "We think this was unnecessary because we have never said anything or done anything to go against secularism."
The opinion criticized Erdoğan and a few of his allies.
Six of the court's 10 judges voted to shut down the AK Party, falling short of the seven needed to actually disband the party.
"It was found that the head of the party, Recep Tayyip Erdoğan, party member and former Parliament Speaker Bülent Arınç, Education Minister Hüseyin Çelik … were involved in determined and intense activities, which were against the Article 68 of the Constitution," the court said.
The Constitutional Court was referring to the AK Party's attempt to lift a ban on Muslim headscarves at universities, an amendment to the Constitution that the court annulled. The court's ruling was interpreted by some jurists and politicians as crippling the legislative powers of Parliament. Erdoğan said on Thursday that he might seek to trim the powers of the Constitutional Court.
In its latest 370-page statement, the court said the AK Party used people's religious sensitivities as an instrument for advancing "pure political interests" and blocked discussion of basic economic and social problems.
Reservation from six members
The six members who voted to shut down the party argued in their statement that an earlier decision by the high court not to allow the headscarf had given "meaning and content" to the concept of secularism. The opposition statement said the AK Party was defending a different understanding of secularism than that put forth by the court and that it was making effort to invalidate the court's interpretation of secularism. These members argued that shutting down political parties when they threaten the democratic regime is not a violation of international covenants on fundamental rights and freedoms.
Freedom is always the freedom of the one who thinks differently, Constitutional Court President Haşim Kılıç quoted Rosa Luxemburg in the introduction to his statement against the court's ruling that the AK Party has become a focal point of anti-secular activities. Kılıç was the only judge who voted against the focal point ruling.
The AK Party has been locked in a battle with Turkey's powerful secularist establishment, including judges and army generals, since it came to power in 2002. Secularists say the party is seeking to bring religion into public life, contrary to the Constitution.
The AK Party has pushed wide-ranging reforms, including giving more rights to minorities and easing restrictions on free speech, as part of Turkey's drive to enter the European Union.
Justice minister on court's opinion
According to Justice Minister Mehmet Ali Şahin, the court's statement shows it has taken into consideration international agreements that Turkey has undersigned. He also praised the court for paying attention to international legislation, saying it showed that Turkey is headed in the right direction.
"Most certainly, though, everyone will draw certain conclusions from this decision. We will certainly evaluate this decision as a party," Şahin said. He also said that it was unnecessary to dwell on the decision. "Turkey is waiting to be served. Our people want to see efforts for solution of their problems. We are concentrating on these."
The court's reasoned ruling statement
Among the reasons the AK Party was described as the focal point of anti-secular acts:
* Constitutional amendment that ended the headscarf ban at universities; statements made in regard to headscarves
* Efforts to lower the age of students who can attend Koran courses
* Various statements made by Prime Minister Recep Tayyip Erdoğan
* Various statements by former Parliament Speaker Bülent Arınç
* Various actions of Minister of Education Hüseyin Çelik
The Constitutional Court decided not to close the AK Party for the following reasons:
* The majority of voters have viewed the activities of the AK Party as legitimate since 2002.
* Party has made efforts to join the European Union and make legal and political reform.
* Removal of capital punishment in 2002
* Introduction of affirmative action policies for women
* Reformed presidential electoral process
* Accepted European Court of Human Rights decisions
* Passed laws improving the status of non-Muslim minorities
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