The 25th article, which paves the way for the trial of 1980 coup plotters in civilian court, passes in Parliament amid harsh opposition reaction
As Parliament prepares to discuss the constitutional amendments in the critical final round of debates, the reform package’s controversial article that would restructure Turkey’s judges and prosecutors’ board was passed by Parliament late Tuesday.
The 25th article, which paves the way for the trial of the 1980 coup plotters in a civilian court, was also passed in the same session of Parliament. The first round of discussions of the reform package’s controversial article became the scene of mounting tension on Tuesday between the ruling and opposition parties.
The Republican People’s Party, or CHP, deputies did not vote on the article, and the Nationalist Movement Party, or MHP, voted against it. The deputies of the pro-Kurdish Peace and Democracy Party, or BDP, and the Democratic Left Party, or DSP, likewise did not participate in the vote.
In a surprise move, the ruling Justice and development Party, or AKP, inserted an article in the reform package that envisions the annulment of the Constitution’s interim article 15, which bans the prosecution of the 1980 coup leaders, something that the CHP has repeatedly demanded.
The CHP, however, earlier criticized the article's inclusion in the package, saying the move is a “trick” to win opposition support for the package.
Motion dismissed
Meanwhile, the motion submitted by the CHP and BDP that asks for the removal of the statute of limitations for the prosecution of the coup leaders was dismissed by AKP votes on Wednesday. Article 25 only anticipated the annulment of the Constitution’s interim article 15, but it did not remove the statute of limitations although prosecution of the coup leaders has not been deemed practical due to the statute of limitations.
AKP’s Ayşe Nur Bahçekapılı, meanwhile, criticized the opposition parties’ stance during Tuesday’s session. “Abstaining from voting is of course a right [of deputies.] But there are such moments that voting implies a historical duty.”
Bahçekapılı’s later remarks blaming the deputies who voted against the article drew harsh reaction from the MHP seats.
Some CHP deputies, including Kemal Kılıçdaroğlu, likewise protested Culture Minister Ertuğrul Günay, once a CHP member who was taken into custody during the 1980 coup period, during his speech on the article by turning their back against Günay.
When asked what Günay understood by the word “fickle,” Günay said, “I understand those who set their hopes on the voice of boots [military] once they see that they can’t fight with those who came to power by public will.”
No harsh debate on HSYK
Referring to the CHP and MHP, Burhan Kuzu, the head of the Parliament’s Constitutional Commission, said they were the two parties that suffered from 1980 coup period the most and he expected all political parties to vote for the article.
In response to Kuzu’s remarks, Kılıçdaroğlu said they would not lend their support to those who exploit the CHP’s wounds from the coup period for their political interests.
The controversial article passed in the General Assembly with 336 votes for and 70 against.
Contrary to expectations, the discussions on article 23, which would bring radical structural changes to the Supreme Board of Prosecutors and Judges, or HSYK, meanwhile, were rather calm. The article passed with 336 votes for and 72 against. The number of HSYK members would be increased from seven to 22 in line with the change.
If article 23 is implemented, the justice minister and undersectary would keep their seats on the board. Also, HSYK’s decisions resulting in the expulsion of the judges and prosecutors from their posts would be subject to judicial supervision while its other decisions could not be taken to court.
Article 24, which reorganizes the Economic and Social Council within the structure of the top court, passed with a record 340 votes for and 69 against.
Second round debate on Sunday
Meanwhile, the second round of discussions will begin Sunday. There should be at least 48 hours between the completion of the first round of voting and the second and final round of debates. The second round is expected to finish within five days at the latest.
Secret voting will be carried out, and the articles will be voted on an individual basis in the second round just as is the case in the first round of discussions.
Meanwhile, interim article 18, which stipulates that the respective article of the planned constitutional amendments making party closures more difficult and that the changes should also be applicable to the ongoing cases in the top court, also passed in Parliament on Wednesday.
Source: www.hurriyetdailynews.com
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