Ergogan Changes the Constitution

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Ergogan Changes the Constitution

The government of Turkey wishes to limit influence of military men and courts

On March, 29th the Party of justice correcting in Turkey and developments (RJD) has submitted for consideration parliament the project of the constitutional reform which should limit influence on a policy of judicial authorities and military men. The opposition, however, specifies that courts and army are the guarantor of secular character of the power in the country. In its opinion, reform is used in interests of covering of islamization of the country.

Reform will mention 26 articles of the Turkish Constitution. Representatives of RJD deny any Islamic feeble efforts and insist that changes are necessary to strengthen democracy and to fulfil the requirements shown to candidates on the introduction into EU.

It is expected that consideration of initiative RJD by deputies will be tightened till the end of April. And there are no guarantees that it will be approved. In Turkey for entering of amendments into the Constitution support of two thirds of members of parliament, that is 367 voices is required, and RJD supervises 337 mandates. However prime minister Redzhep Tajip Erdogan has already warned that if the project of reform will not collect in parliament of necessary quantity of votes the government will take out it on a national referendum.

As passes Reuters, changes should concern first of all judicial system of the country. The government intends to change structure of the High council of judges and public prosecutors — the body responsible for purpose of the senior members of courts. Besides, it is supposed that the most part of judges of the Constitutional court will be appointed by the president of the country.

Also it becomes more difficult to judicial authorities to impose an interdiction for activity of political parties. The European Union repeatedly criticised the law operating in Turkey on political parties with which help under an interdiction have got about 20 parties.

However, critics of reform declare that with its help RJD wishes to introduce the supporters in judicial bodies. They also specify that in 2008 RJD has hardly avoided an interdiction in connection with charges in islamizm and consequently prime minister Erdogan wishes to complicate procedure of consideration of such questions.

Past week the chairman of the Higher appeal court has named offered reform of the unconstitutional. «The government should avoid actions which can break a principle of division of the authorities and independence of judicial system», — he has declared. According to the judge, initiative RJD about that the parliament confirmed decisions on an interdiction of this or that party, breaks a principle of division of the authorities.

The government also aspires to weaken influence of military men which for 86 years of history of modern Turkey dethroned the governments four times, and last time not so long ago — in 1997. In particular, it is supposed to allow to judge military men for crimes against safety of the state and a constitutional order in civil courts. It is supposed that as a result of reform the chief of the Joint Staff and other higher ranks will fall under jurisdiction of civil court. The government also intends to deprive of inviolability of organizers of a military coup d’etat of 1980.

Observers expect that the constitutional initiative RJD will aggravate political opposition in Turkey. The financial markets have nervously reacted to occurrence of the project of reform as traders are afraid of instability occurrence.

Nikolay SURKOV


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