AK PARTY REVITALIZES EUROPEAN UNION BID

Today’s Zaman
April 4 2008
Turkey

In the wake of the Constitutional Court’s approval of a closure
case against the ruling Justice and Development Party (AK Party),
the government has stepped up reform efforts related to Turkey’s EU
bid, with the infamous Article 301 of the Turkish Penal Code (TCK)
leading the reform to-do list.

According to many observers, the government’s progress on EU accession
reforms has significantly lagged in the past two years, but the recent
closure case has spurred it back into action.

One of the government’s top priorities is an amendment to Article 301,
which criminalizes "insulting Turkishness." The article is regarded by
the EU as a violation of freedom of speech and as a serious obstacle
on the way to Turkey’s accession to the bloc. A number of the country’s
leading intellectuals and writers, such as Nobel laureate Orhan Pamuk,
assassinated Turkish-Armenian journalist Hrant Dink and novelist Elif
Þafak, have been put on trial for violating 301.

The government’s change of heart has been attributed to the fact that
the harshest reaction to the closure against the AK Party has come
from EU officials. During a recent visit to Sweden, Prime Minister
Recep Tayyip Erdoðan noted that after the passage of a social security
reform bill that is currently under discussion in Parliament the
government will amend Article 301, hinting at an acceleration in the
government’s EU reform initiatives. The text of an amendment to the
article drafted by the Justice Ministry will be distributed to members
of the AK Party’s administrative board, which will meet next Monday.

The amendment has been shelved since November due to disagreements
among senior AK Party executives. Nihat Ergun, the deputy chairman
of the AK Party’s parliamentary group, has said, "We have completed
our preparations and we will soon introduce it to Parliament."

Final touches made

The text of the amendment drafted by Justice Minister Mehmet Ali Þahin
requires prosecutors to obtain authorization from the justice minister
before opening cases on violations of Article 301. The procedure for
authorizing 301 cases has long been a source of controversy within the
ruling party. Deputy Prime Minister Cemil Cicek argued that placing
the responsibility for authorizing such cases on the justice minister
would make him a target of criticism and that, instead, a special
commission should be set up for such authorizations.

In the text drafted by Þahin, "insulting Turkishness" is replaced with
"insulting the Turkish nation," and the element of intent has been
included. The intention to insult, rather than criticize, would be
required for a remark to constitute a violation of Article 301.

Also, the maximum sentence for a violation of Article 301 would be
decreased from three years to two.

The Nationalist Movement Party (MHP), the Republican People’s Party
(CHP) and the Democratic Left Party (DSP) have objected to the
proposed changes. Only the pro-Kurdish Democratic Society Party (DTP)
has voiced support. The MHP’s opposition to this amendment has forced
the government to defer it until the constitutional amendments to
lift the headscarf ban on university campuses were passed with the
backing of the MHP.

Schedule set for mini package

By speeding the country’s EU process with its mini reform package,
the AK Party is hoping to reward the EU for its strong support in
connection with the closure case. The government has already set a
loose schedule for the reforms and expects the amendment to article
301 to be passed in April.

The government’s mini reform package will also include the ombudsman
bill, which was previously vetoed by former President Ahmet Necdet
Sezer on grounds that the Constitution of 1982 does not contain
provisions on it. By amending the Constitution, the AK Party will
overcome this objection.

While the government is planning to pass these two bills as soon
as possible, a revised Turkish Commercial Code and a set of judicial
reforms will be delayed until October. Revision of the code is expected
to pass smoothly, as no party has expressed opposition to it. However,
as it consists of 1,535 articles, it will keep Parliament busy for
a considerable period of time, so it will be brought to Parliament
after passage of the mini package.

Bills to reform two high courts, the Supreme Court of Appeals and
the Supreme Court of Accounts, will be the last of the package.

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