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: JURIST - The Paper Chase

Turkish high court overturns law allowing civil courts to prosecute military personnel

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

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[JURIST] The Constitutional Court of Turkey on Thursday overturned a law that allowed the prosecution of military personnel in civilian courts and prevented military prosecution of civilians during peacetime. The court was unanimous in its decision to overturn the law, which was seen as necessary for Turkish accession to the European Union (EU). The law would have allowed civilian courts to prosecute members of the military for attempting to overthrow the government, threats to national security, and violations of the constitution. The decision is seen as a hindrance to current investigations concerning an alleged plot by the country's secular Ergenekon group to overthrow the ruling Justice Development Party (AKP). The law was challenged by the opposition Republican People's Party (CHP) on the basis that it was technically flawed and unconstitutional. In June, Turkish President Abdullah Gul approved the law after receiving a letter from Turkish military officials urging him not to approve the law because it runs counter to Article 145 of the Turkish Constitution. At that time Gul said that the law was necessary for accession, but suggested that parliament should amend the law to clarify the civil court's jurisdiction over service members.

Full post as published by JURIST - The Paper Chase on January 22, 2010 (boomark / email).