[R-G] Turkey: Will the AKP Be Closed and Top AKP Leaders Banned?

[Yoshie Furuhashi]

Turkey's dogmatic secularists, a mirror image of Iran's Guardian
Council, act up again, determined to make it impossible for Turks to
set aside religion and discuss more pressing issues such as economy,
regional integration (with the East or the West or both?), and the
Kurdish question.  Turks, whether they are for or against the AKP,
should take this occasion and turn it into a chance to expand
democratic rights if it comes to a referendum.  A "constitutional
amendment making it more difficult to ban political parties" would be
in the interest of leftists in Turkey as things stand now.  -- Yoshie

<http://www.hurriyet.com.tr/english/turkey/8585399.asp?gid=231&sz=72497>
Turkey's Constitutional Court decides to hear AKP case

Turkish top court decided on Monday to accept the lawsuit against the
ruling AKP demanding its closure. The lawsuit, which could last up to
a year, raised concerns over a prolonged political uncertainity.
(UPDATED)

Turkey's Constitutional Court decides to hear AKP case

The 11 judges of the Constitutional Court agreed unanimously to accept
the indictment against AKP filed by the country's top prosecutor on
March 14, the court's deputy chairman Osman Paksut told reporters. The
EU said the case showed a "systemic error" in Turkey's constitutional
framework.

Paksut said the judges ruled by a majority vote that President
Abdullah Gul, who was a prominent member of the AKP until he was
elected head of state in August, should be included in the trial. Four
judges, including the Chairman Hasim Kilic, objected that Gul should
be included.

Turkish stocks and lira currency hit the lowest levels of the day on
Monday after the Constitutional Court decided to take on the case
against AKP, demanding its closure. Both lira and stocks recovered
following the initial reaction. (For the market report)

European Enlargement Commissioner Olli Rehn voiced renewed concern on
Monday after court's decision. Rehn said he would report to the
European Commission on the case on Wednesday, saying it showed a
"systemic error" in the Turkey's constitutional framework.

"The prohibition or dissolution of political parties is a far-reaching
measure which should be used with the utmost restraint," Rehn said in
a statement, adding: "I do not see any such justification for this
case."

THE LEGAL PROCEDURE

According to the legal procedure now AKP will make a preliminary
defence, and this will be sent to the Supreme Court of Appeals Chief
Prosecutor's Office.

After the Chief Prosecutor states his views on the merits of the case,
AKP will make a verbal defense in a month's time. This will be
followed by verbal statements of the Chief Prosecutor.

Later the rapporteur assigned by the Constitutional Court will prepare
his/her report on the merits of the case. In this phase, the Chief
Prosecutor can submit further evidence and AKP can submit additional
defence material to the rapporteur.

Then rapporteur's report will be distributed to court members. Later
Constitutional Court Chief Judge Hasim Kilic will set a date and the
court will start seeing the case on its merits.

If AKP demands extra time for its defence, the court will also assess
these demands. According to the Constitution, at least 7 of the 11
members of the court have to vote for closure in order for the court
to shut down a political party.

Supreme Court of Appeals Chief Prosecutor Abdurrahman Yalcinkaya filed
a lawsuit against AKP on March 14 and demanded its closure claiming
the party became the "focal point of anti-secular activities." He also
asked the Court to ban 71 officials of AKP, including Prime Minister
Tayyip Erdogan and Gul, from politics.

WHAT AKP WOULD DO

Hurriyet columnist Oktay Eksi said he wasn't surprised with the
decision. "But I wasn't expecting an unanimous decision. I both
welcome and respect the news," he added.

The Constitutional Court had previously ruled the closure of Islamic
parties such as Welfare Party, which AKP has its political roots.
Welfare Party's closure ruling was later taken to the European Court
of Human Rights, who decided that the ruling didn't violate human
rights.

The AKP announced last week that it is working on a constitutional
amendment making it more difficult to ban political parties, drawing
criticism that it is seeking to circumvent the systems safety
mechanisms.

Legal experts are divided on whether such an amendment would help the
AKP fight an eventual ban, some saying the constitution forbids
parliament from debating or ruling on issues under judicial process.

Former Justice Minister Hikmet Sami Turk said the court could rule
either to shut the party down or to cut the official aids it receives.
"The (closing) decision wouldn't be a legal obstacle for Gul to
maintain his duty. But he should give up his duty. Otherwise his
position will be weakened ethically. On the other hand, a
constitutional amendment would be considered as pardon for AKP
itself," he added.

-- 
Yoshie
<http://montages.blogspot.com/>