Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase

Legal News

: JURIST - The Paper Chase

Turkish president signs law allowing civilian courts to prosecute military personnel

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

[JURIST] Turkish President Abdullah Gul on Thursday approved a law that would allow the prosecution of military personnel in civilian courts and would prevent military prosecution of civilians during peacetime. Gul said that the law was necessary for accession to the European Union (EU), but suggested that parliament amend the law to clarify the civil court's jurisdiction over service members. Opposition Republican People's Party (CHP) deputy chairman Onur Oymen said that the law was "technically flawed and unconstitutional," and vowed to challenge the law in the Constitutional Court. Former Justice Minister Hikmet Sami Turk called the law unconstitutional and has questioned the circumstances under which it was passed by parliament last month. Bekir Bozdag, an MP from Gul's Justice and Development Party (AKP), 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 necessary for Turkey's accession to the EU, since its constitution was written under military rule and limits freedom of expression and religion. On Sunday, Turkish military officials sent a letter to Gul urging him not to approve the law because it runs counter to Article 145 of the Turkish Constitution, which outlines the responsibilities of the military justice system. 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 10, 2009 (boomark / email).