Turkish court rules against banning AKP

31/07/2008

The Constitutional Court's decision not to ban the ruling Justice and Development Party (AKP) for alleged Islamist activities was a source of relief to the AKP. But the party lost significant government funding.

By Ayhan Simsek for Southeast European Times in Ankara -- 31/07/08

"The [AKP], which has never been a focal point of anti-secular activities, will continue to defend the basic principles of the republic," Turkish Prime Minister Recep Tayyip Erdogan said. [Getty Images]

Turkey's highest court ruled on Wednesday (July 30th) against banning the ruling Islamist-rooted Justice and Development Party (AKP). Yet ten of the 11 judges said the party had become a focal point for anti-secular activities and needed a strong warning. They cut half of its government funding.

The EU's biggest candidate country, Turkey plunged into a major political crisis starting in March, when its chief prosecutor asked the Constitutional Court to ban the ruling party. The AKP won the July 2007 elections in impressive fashion, but its controversial move to permit Islamic headscarves at universities triggered a crisis.

Prime Minister Recep Tayyip Erdogan welcomed the Constitutional Court's decision. "Turkey has spent too much time and energy on this case," Erdogan said. He added the AKP would continue to "defend the basic principles of the republic".

Turkey's main opposition leader and the head of the secular Republican People's Party (CHP), Deniz Baykal, however, interpreted the court's decision as a strong message to the AKP. "Ten judges described the AKP as the focal point of anti-secular activities; this is important," Baykal stressed.

Chief of General Staff General Yasar Buyukanit said, "There was no change in [the military's] view of secularism. But as a soldier, don't expect me to comment on the decision of the top court." The military traditionally views itself as the guardian of Turkey's secular system.

Observers in Ankara say the ruling prevented further political instability in Turkey while reminding the AKP of constitutional limits to its power.

International observers hailed the ruling. EU Enlargement Commissioner Olli Rehn said it demonstrated the influence of European values on Turkey and urged the country to accelerate reforms to meet EU standards. Cristina Gallach, spokeswoman for EU security chief Javier Solana, expressed hope the decision would help "[restore] political stability".

The court has banned other parties for having an Islamist agenda. Wednesday's ruling was the first in which it admonished a party rather than banning it, even though most of its judges found the party to have some unconstitutional activities.

Banning a party requires the agreement of seven of the court's 11 judges. Only six judges favoured banning the AKP. Four agreed that the AKP had become a "focal point for anti-secular activities", but thought the extent of its violations merited a warning, not closure. Chief Judge Hasim Kilic was the only judge to disagree with the prosecutor's contention that the AKP was a nexus for such activities.

Kilic expressed uneasiness on recently having dealt with several cases on abolishing political parties and said it is now up to politicians to form a consensus on how to attain higher democratic standards.

This content was commissioned for SETimes.com