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Turkish military opposes civilian court plan

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Turkish military officials on Sunday sent President Abdullah Gul a letter urging him not to approve a law that would allow prosecution of military personnel in civilian courts during peacetime. Members of the General Staff said that the law runs counter to Article 145 of the Turkish Constitution, which outlines the responsibilities of the military justice system. Gul's Justice and Development Party (AKP) supported the measure in parliament, which passed the law as part of reforms necessary for accession to the European Union (EU). Former Justice Minister Hikmet Sami Turk said that the law was unconstitutional and questioned the circumstances under which it was passed by parliament last month. AKP Deputy Bekir Bozdag said that the law is constitutional and serves to protect the political sphere from military influence, not inject politics into military affairs. Constitutional reforms are an issue for Turkey's accession to the EU since its constitution was written under military rule and limits freedom of expression and religion. In May, secular judges in Turkey warned the ruling AKP that proposed constitutional amendments were going too far in promoting an Islamist agenda. Earlier this year, a report by advocacy group Tesev argued that Turkish property rights still fell short of those required to join the EU. Last year, European Commission President Jose Manuel Barroso addressed the Turkish parliament to applaud the government's efforts to reform a controversial provision of the Turkish penal code but stressed that further efforts would be necessary.

Full post as published by JURIST - The Paper Chase on July 06, 2009 (boomark / email).