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Turkish Court annuls parts of Constitutional reform package

Yesterday the Turkish Constitutional Court annulled parts of parts of a government-sponsored package of constitutional reforms aimed at curbing the powers of the judiciary that critics say will tighten the government's hold on power. The AKP government criticised the court for exceeding its authority with the verdict, but nevertheless said the amendments were still a major reform despite the changes and would go to a referendum on 12 September as planned.

Controversial reforms
The package limits the jurisdiction of military courts and allows civilian courts to try military personnel in peace time for coup attempts and offenses related to national security and organised crime. It was pushed through parliament in May by the ruling Justice and Development Party (AKP), and immediately challenged by the main opposition party at the Constitutional Court. Last week the opposition said the adjustments made in the ruling yesterday did not go far enough, and has vowed to campaign against the reforms in the referendum.

In its verdict, the court rejected a demand to scrap the whole of the amendment package, but annulled parts of amendments dealing with the court itself and a key judicial body that appoints judges and prosecutors, the court's president Haşim Kılıç told reporters in Ankara. The ruling gives top courts a wider choice in determining candidates to sit on the Constitutional Court and restricts the pool of those eligible to serve on the Supreme Board of Prosecutors and Judges, or HSYK, a body that has often clashed with the AKP, Kılıç said. Justice Minister Sadullah Ergin said the court had overstepped its authority by claiming the right to scrutinise the content of the amendments and not the manner in which they were approved in parliament. While Kılıç said the amendments untouched by the court would go to a referendum, Ergin said the articles changed by the court would also be put to the vote in September in their edited form.

AKP says the changes to the Constitution, the legacy of the 1980 military rule, will improve democratic standards and boost Ankara's bid to join the EU. The opposition claims AKP designed the package to tighten its grip on power by extending government control over key judicial bodies and undermining the system of checks and balances. Lack of support from opposition parties meant that AKP failed to garner the two-thirds parliamentary majority required for the package's outright adoption, opening the way for a public vote. The main opposition Republican People's Party (CHP) had petitioned the Court to scrap the amendments, arguing that they violated key principles on the rule of law, the separation of powers and the judiciary's independence. The country's top judges have also objected to the changes, which they say encroach on the independence of the judiciary and violate the separation of powers.

Sources: Hurriyet Daily; Volkskrant (Dutch)