>> Today's Zaman

CONSTITUTIONAL AMENDMENT TOUCHES UNTOUCHABLE MILITARY

Today's Zaman - April 26, 2010

As Parliament continued its vote on the government-backed constitutional reform package over the weekend, it touched the untouchable Turkish military when it passed an article included in the package that envisages judicial review of decisions by the military to expel officers. A total of 15 articles out of 30 had been passed as of Sunday afternoon. Parliament was voting on three other articles yesterday at the time Today's Zaman went to print.

On Saturday, Article 12 was passed with 336 yeas, 70 nays, one blank vote and one undecided. The amendment adds to Article 125 of the Constitution the clause: “All Supreme Military Council [YAŞ] decisions to cut ties [of military officers] with the Turkish Armed Forces [TSK] are open to judicial review.”

Every year Turkey witnesses fierce debates over the YAŞ meetings, during which the TSK and the government decide on promotions and retirements within the military.

The YAŞ meetings, which take place twice a year, are also an occasion during which officers suspected of engaging in anti-secular activities are expelled from the TSK.

Officers expelled from the military do not currently have the chance to appeal to a judicial body or ask for a review of the dismissal decision. For the last few years, analysts have voiced strong demands for the establishment of a body to monitor YAŞ decisions.

The article faced harsh criticism from the opposition CHP and the Nationalist Movement Party (MHP), which claimed that it was aimed at exhausting the Turkish military. The ruling Justice and Development Party’s (AK Party) Eyüp Fatsa, on the other hand, said nearly 3,000 officers have been expelled from the TSK so far, a figure which has a serious impact on society.

Parliament also voted on articles 16, 17 and 18 of the reform package on Sunday. The results of the vote, however, were not immediately available. Article 16 seeks to open the path for military members to be tried in civilian courts. Articles 17 and 18 seek to change the structure of the Constitutional Court. These three stand among the most contentious articles of the reform package.

In July 2009 Parliament passed a bill that required civilian courts to try members of the military in peacetime. The legislation was dubbed a “civilian revolution” by many.

The law, aimed at meeting EU membership criteria, would for the first time have vested civilian courts with the power to prosecute military personnel accused of crimes against national security, constitutional violations and attempts to topple the government during peacetime. The CHP, however, challenged the law at the Constitutional Court, which ruled to annul it in January of this year.

The 13th article of the package, which regulates civil servants’ right to collective bargaining, was also passed on Saturday. The article was passed with 338 votes for and 70 votes against.

Parliament later continued the voting process with the 14th article of the constitutional reform package. The article regulates the right of civil servants to seek judicial review for warnings or censures handed down to them. The article was passed with 336 yeas and 71 nays.

Article 15 of the package was passed early on Sunday. The article seeks to introduce changes to Article 144 of the Constitution, which makes stipulations regarding the supervision of judges and public prosecutors. The article was passed with 335 votes for and 71 votes against.

Segnala questa pagina