Standoff between Turkish gov't and judiciary could spark a crisis

The war of words between the government and the judiciary is another sign that the Turkish government is at odds with state organs over its Islamist policies amid growing public discomfort.

Turkey's Council of State extended its support to the Supreme Court, saying it used its mandate given by the constitution and rejected the government's claims that it was politically-motivated. The Council of State also added making comments on constitutional and legislation issues is among the duties of high judicial bodies, "who is also obliged to protect the basic principles of the Republic defined in the constitution."  Â

Prime Minister Tayyip Erdogan held an emergency meeting with his deputy, Cemil Cicek and Justice Minister Mehmet Ali Sahin to discuss the Court's statement. Cicek held a press conference late Wednesday with Sadullah Ergin, the ruling AKP's deputy leader of the parliamentary group, and AKP’s Deputy Chairman Dengir Mir Mehmet Firat to express the government's view.

Cicek said the statement did not have either legal or democratic legitimacy. "The Committee of Chief Judges cannot act like an opposition party... The Committee which considers arguments of the public opinion an intervention in judiciary, violated Article 138 of the Constitution itself by taking sides in ongoing cases at a higher court," he added.

The exchange of harsh statements signals a new phase in the conflict between the AKP government and the judiciary and is likely to increase tensions further. Critics say the AKP government left its compromising and moderate policies after overwhelmingly winning the July 22 election, and started to force the sensitivities of the principles of the Republic such as giving priority to lifting the headscarf ban amid other long-awaited reforms and legislations.

Commentators and analysts of the Turkish mass media voiced concern over the recent developments and warned that this conflict could turn into a greater crisis. They underlined President Abdullah Gul is charged in the closure case against the AKP and this emerges as another challenge.

"As a journalist who covered politics in Ankara for the last 25 years, it is the first time that I have witnessed such high tension in the capital," Fatih Cekirge, the editor-in-chief of hurriyet.com.tr, wrote on Thursday. Â

According to legal experts, the Supreme Court made the statement using its mandate under the Constitution, although the government claims that the judiciary cannot make any comments on political issues, Cekirge said.

"Turkey is entering a period of political and economic instability. The AKP government, who tried to act cautiously due to the closure case, is breaking its bounds with the judiciary after the statement," he said, adding the president was given a mandate by the Constitution of "ensuring the agreement of the institutions," however Gul is charged in the closure case and this limits his room to maneuver.

The leader of nationalist MHP Devlet Bahceli said on Thursday the president should step in on the situation to avoid a regime crisis. The court was right in its statement however it should stay within the limits of its duties, he added in a written statement. 

Turkish President Abdullah Gul told reporters he will consider Bahceli's call. Â

Turkey's Supreme Court criticized the government in a very harsh statement Wednesday for meddling in the judiciary and attempt to create a "judiciary controlled by an executive body"; the government termed the statement, "needless and politically motivated." Officials of the Supreme Court declined to comment Thursday on the government's response.

 

UNEXPECTED FOR GOVERNMENT
Bilal Cetin, Ankara bureau chief of Vatan daily, said in his column Thursday the statement was unexpected for the AKP and it soured the atmosphere in the party. Erdogan and other party officials had recently withdrawn their harsh rhetoric that increased the tension further, he noted.

"The AKP's task is getting harder. Some parts of the public have severe doubts about the AKP and the government due to the sensitivities on secularism. Constitutional institutions of the state think the same way. Their (AKP's) relations are not good with the army, they fight with universities, as well as the judiciary," he added.

Cetin said before the statement expectations were high within the AKP that the party will not be closed, there will be a compromise and a "third way" would be found as the parliamentary speaker called.

The statement came a week after Parliament Speaker Koksal Toptan urged the Constitutional Court to find a "third-way to avoid banning the governing Justice and Development Party but at the same time address the public's sensitivities on secularism."

Murat Yetkin, Ankara bureau chief of Radikal daily, said everybody should leave the Constitutional Court alone and warned things are getting out of control.

"Everybody should leave the Constitutional Court alone and declare they will respect its decision. Otherwise the system is heading toward a blockage point," he added.

The Constitutional Court is expected to deliver its ruling on the closure case by end-2008. The political tension rose in Turkey after the AKP lifted the headscarf ban in universities and peaked with the closure case filed on March 14 against the ruling party. The Chief Prosecutor of the Supreme Court accused the AKP of becoming "focal point of anti-secular activities."