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FATMA DİŞLİ ZIBAK f.zibak@todayszaman.com

A small package but a big step for democracy


The ruling Justice and Development Party (AK Party) finalized its work on a constitutional reform package that includes radical amendments aimed at clearing obstacles standing in the way of trying coup leaders -- albeit symbolically -- making political party closures more difficult and restructuring the Supreme Board of Judges and Prosecutors (HSYK).

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It is expected to discuss the details of the package with opposition parties next week. Since the main opposition parties, the Republican People’s Party (CHP) and the Nationalist Movement Party (MHP), announced earlier that they would not back the package, the AK Party government said it might present it to the public for approval in a referendum. Although the scale of the reform package is limited, many hail the fact that the government is pressing ahead with it despite the resistance of the opposition. Analysts say this small-scale reform package will bring Turkey to its goal of becoming a truly democratic country that is governed by the rule of law and free of military tutelage.

Star’s Mustafa Karaalioğlu says the small-scale constitutional reform package that is emerging today represents the nation’s will to change. He says the amendments in the reform package will not only eliminate the obtrusion of the judiciary through changes in the structure of the Supreme Board of Judges and Prosecutors (HSYK) but will also bring novelty to daily life and raise the quality of democracy in the country. “The package seems to have a logic and consistency in itself,” says Karaalioğlu. Regarding plans to abolish Article 15 of the Constitution, which protects coup generals from legal action, he says opening the way for legal action against coup perpetrators is a symbolic revolution. Karaalioğlu notes that it is an embarrassing situation for Turkey, which suffered through four coups, to live with an article that protects coup perpetrators. “The protective shield remains a black cloud over every step taken for civilianization,” says Karaalioğlu.

Sabah’s Emre Aköz, who says the reform package includes very important changes, claims that the reforms will make secularist circles envious. Noting that the package will increase the number of members on the HSYK, Aköz says this will lessen the dominance of the pro-Republican People’s Party (CHP) mentality in the supreme judiciary to a great extent. As for making the closure of political parties more difficult and putting the Venice criteria into practice, he says political parties will be closed down only if they advocate violence and there is parliamentary approval for their closure. Aköz says the fact that a conservative party like the AK Party has initiated an article that supports affirmative action for women will make secularist women envy the AK Party. Regarding plans to open the decisions of the Supreme Military Council (YAŞ) to judicial review, Aköz explains that no one can talk about the supremacy of law in Turkey unless the military is prevented from acting arbitrarily. “Are these amendments sufficient? Of course not. There are many articles that need to be amended in the Constitution. Nevertheless, even this is a good start,” says Aköz.

Yeni Şafak’s Fehmi Koru says regardless of whether the constitutional reform package is approved by getting enough support in Parliament or is taken to referendum and then approved by the public, the implementation of the amendments in the package will undoubtedly make Turkey a more democratic state, strengthen the separation of powers and facilitate the transition to a state of law.

20 March 2010, Saturday
FATMA DİŞLİ ZIBAK
   
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Other Articles of the Columnist

  A small package but a big step for democracy
  Erdoğan’s unwelcome remarks
  A direct intervention in the judiciary
  Başbuğ’s need to talk
  Rethinking the ‘genocide’ resolutions
  A truck filled with suspicion
  An amnesty seems inevitable
  A changeable politician
  Turkey’s unchangeable reality: earthquakes
  Reflections on women and their day
  Balances change after committee approval of resolution
  Armenian resolution and Turkey’s trauma
  Referendum’s possible consequences
  Sea change in the General Staff’s attitude
  Turns out the plot is more than ‘a piece of paper’
  Taking lessons from Feb. 28
  The meaning of the trilateral meeting in Çankaya
  How to read Turkey’s transformation process
  Turning back is unlikely
  Turkey on the right track
Columnists
ABDULHAMİT BİLİCİ
ABDULLAH BOZKURT
ALİ BULAÇ
ALİ H. ASLAN
AMANDA PAUL
ANDREW FINKEL
ASIM ERDİLEK
AYŞE KARABAT
BEJAN MATUR
BERİL DEDEOĞLU
BERK ÇEKTİR
BÜLENT KENEŞ
BÜLENT KORUCU
CHARLOTTE MCPHERSON
DOĞU ERGİL
EKREM DUMANLI
EMRE USLU
ETYEN MAHÇUPYAN
FATMA DİŞLİ ZIBAK
FİKRET ERTAN
GÜRKAN ZENGİN
HASAN KANBOLAT
HÜSEYİN GÜLERCE
İBRAHİM KALIN
İBRAHİM ÖZTÜRK
İHSAN DAĞI
İHSAN YILMAZ
KATHY HAMILTON
KERİM BALCI
KLAUS JURGENS
LALE KEMAL
MEHMET KAMIŞ
MICHAEL KUSER
MUHAMMED ÇETİN
MÜMTAZER TÜRKÖNE
NICOLE POPE
ÖMER TAŞPINAR
ORHAN KEMAL CENGİZ
PAT YALE
ŞAHİN ALPAY
SELÇUK GÜLTAŞLI
SUAT KINIKLIOĞLU
YAVUZ BAYDAR