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ANKARA: Freedoms Based On Crime Must Come To An End

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  • ANKARA: Freedoms Based On Crime Must Come To An End

    FREEDOMS BASED ON CRIME MUST COME TO AN END

    Today's Zaman, Turkey
    18.09.2007

    Events that have occurred in Turkey over in the past week are enough
    for those striving for democracy to urge for the installation of the
    supremacy of the law in my country.

    Last week the Supreme Court of Appeals overturned the acquittals
    of Professor Ýbrahim Kabaoðlu and Professor Baskýn Oran on charges
    relating to a report on minorities. This report, prepared by a human
    rights advisory body affiliated with the Prime Ministry, threatens
    the indivisibility of the state with its suggestion of broadening
    the definition of "minority," the Supreme Court of Appeals stated in
    its ruling.

    Again last week, a song sung by Turkish singer Ýsmail Turut, coupled
    with a video, was uploaded to YouTube.

    The song and the video scenes hailed the murder suspects of Hrant
    Dink, the Turkish-Armenian journalist killed in Ýstanbul in January
    of this year.

    Sabah daily portrayed the Turut event and the Supreme Court of Appeals
    decision in a striking way on its front page under the headline,
    "This is the clear and present danger." The article noted, "While
    Baskýn Oran's report is seen as a clear and present danger, the video
    and song that praise political murders are openly aired." (Sabah,
    Sept. 16, 2007)

    Finally acting on media reports, Ýstanbul's Chief Prosecutor's Office
    launched an investigation yesterday into singer Turut and the lyricist
    of the song praising Dink's murder suspects.

    In the midst of government efforts to introduce a new constitution
    to replace the 1982 document dictated by the military, these events
    once again remind us how crucial it is to change the mindset of those
    who are provoking or staying indifferent to unlawful acts. We should
    establish a mechanism that has been forcing those to act in line
    with the supremacy of the rule of law instead of paving the way for
    legalizing unlawful acts.

    The primary emphasis should be given to education, through which
    every Turk should be taught what human rights means and what the grave
    consequences of their violation will mean for the country's prosperity.

    Another striking event took place recently when retired noncommissioned
    officers took the military to the European Court of Human Rights. The
    Turkish Retired Noncommissioned Officers Association (TEMAD) finally
    decided to go to the European court when it lost its 40-year-long
    legal battle in Turkey over its search to participate in the running
    or the Turkish Armed Forces Assistance Center (OYAK) and fully benefit
    from its funds. (Umur Talu, Sabah, Sept. 17, 2007)

    OYAK is a military-controlled fundraising board turned big business.

    Noncommissioned officers members comprise almost 70 percent of the
    strength of the Turkish Armed Forces (TSK) and the basic funds of
    OYAK come from compulsory contributions from TSK members. But TEMAD
    has failed in its long fight to fully benefit from the funds created
    from the salaries of its members and to participate in the management
    of OYAK. (Umur Talu, Sabah, Sept. 17, 2007)

    TEMAD has decided to continue its struggle in Strasbourg.

    Dengir Mir Mehmet Fýrat, deputy chairman of the ruling Justice and
    Development Party (AK Party), said over the weekend that a draft
    constitution has now emerged that reflects the will of the political
    authority.

    "The new constitution will be individual-centered, supportive of
    freedoms, while deepening democracy, institutionalizing the legal
    state concept with a civilian nature."

    Fýrat's description of the new constitution sounds good, but another
    AK Party deputy, Husrev Kutlu, said during a weekend meeting in
    Ankara that he did not believe a "very civilian and very democratic"
    constitution would emerge." (ANKA news agency, Sept. 16, 2007)

    "Because," Kutlu said, "those involved in the constitution drafting
    board will have the concern of 'What will the military think?' while
    debating each article of the document. Thus I am concerned that we
    will not have the constitution that we have been longing for. The
    biggest problem in Turkey is who will protect us (the Turks) from
    those protectors," he said, in a reference to military trusteeship; the
    Turkish military sees itself as the guarantor of the secular republic.

    Indeed, most of the debate over the new constitution has centered
    on issues that could have touched upon the military's strong role in
    Turkey's political life.

    Though there are some changes being made in the constitution that might
    lessen the military's intervention in the political life, as Kutlu
    mentioned, courageous steps to end military trusteeship may take time.

    There are some other shortcomings that should be corrected in the
    draft constitution, such as gender rights, which currently portray
    women as a group that needs to be protected rather than seeing women
    as individuals deserving of equal rights with men.

    The recent events, coupled with introducing a civilian constitution
    to the country, highlight the vital nature of the changes that need
    to be made in our own minds regarding respect for the rule of law.

    --Boundary_(ID_7jMpqlL7iMV8/3R/FgIU8g)--
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