Country of origin information report Turkey March 2007



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6 Political System
Introduction
The Turkish Grand National Assembly (TGNA)
6.01 As recorded in the ‘Political structure of Turkey’ dated 20 October 2006:
“Legislative authority is vested in the Turkish Grand National Assembly (TGNA). The TGNA is composed of 550 deputies. Parliamentary elections are held every five years… (Section on Legislature) The Council of Ministers consists of the Prime Minister, designated by the President of the Republic from members of the TGNA, and various ministers nominated by the Prime Minister and appointed by the President of the Republic. Ministers can be dismissed from their duties by the President or upon the proposal of the Prime Minister when deemed necessary. When the Council of Ministers is formed, the government’s program is read at the TGNA and a vote of confidence is taken...The fundamental duty of the Council of Ministers is to formulate and to implement the internal and foreign policies of the state. The Council is accountable to the Parliament in execution of this duty. The Constitution also includes national defense in the section related to the Council of Ministers. The Office of the Commander-in-Chief, the Office of the Chief of the General Staff and the National Security Council form the authorative organizations for national defense...The Prime Minister is responsible for ensuring the Council of Ministers functions in a harmonious manner. He/she supervises implementation of government policy. The Prime Minister is the de facto head of the executive branch. Each Minister is accountable to the Prime Minister who in turn ensures that Ministers fulfill their functions in accordance with the Constitution and its laws.” [36i] (Section on Executive)
6.02 As recorded by the Jane Sentinel Security Assessment website updated 25 November 2006:
“The Turkish Grand National Assembly (TGNA) is a 550-seat, unicameral body. The parliament can pass legislation over a presidential veto by a simple majority. A parliamentary term may last up to five years but a simple majority can call early elections. The electoral system is based on proportional representation but parties must overcome a 10 per cent threshold to gain representation. Voting is compulsory for everyone over 18, and those who abstain face a very small fine and the loss of the franchise at the following election. The TGNA monitors the Council of Ministers, has the power to enact, amend and abrogate laws and to ratify international agreements, the printing of currency and the declaration of war, as well as debating and passing the Budget and the Bills for Final Accounts.” [109a]
National Security Council (MGK) or (NSC)
6.03 As recorded in ‘Political Structure of Turkey’:
“The National Security Council consists of the Prime Minister, the Chief of the General Staff [the army], the Minister of National Defense, the Minister of Interior, the Minister of Foreign Affairs, the Commanders of the Army, Navy and the Air Force and the General Commander of the Gendarmerie. The NSC makes decisions related to the determination, establishment and application of national security policy. The Council of Ministers gives priority to National Security Council decisions where measures deemed necessary for the preservation of the existence and independence of the state, the integrity and indivisibility of the country and the peace and security of the society are concerned.” [36i] (Section on Executive)
6.04 The European Commission Turkey 2006 Progress Report noted that:
“There has been progress concerning the competence of military courts to try civilians. Under the law amending the relevant provisions of the Military Criminal Code as adopted in June 2006, no civilian will be tried in military courts in peacetime unless military personnel and civilians commit an offence together. The new law also introduces the right of retrial in military courts. Accordingly, if there is an European Court of Human Rights (ECtHR) decision in favour of military or civilian persons who have been tried before military courts, they can ask for a retrial. The National Security Council (NSC) has continued to meet on a bi-monthly basis in line with its revised role.” [71a] (p7)


    1. As recorded in the Jane Sentinel Security Assessment website updated 25 November 2006:



“The National Security Council (NSC)…is a powerful body in Turkish politics but its influence has waned after the wave of reforms in 2004. The armed forces can make recommendations to the cabinet through the Council. Historically, this body has been divided sharply between civilians and members in uniform. Recently, however, the Council has met infrequently - once a month or less - and the ongoing fight for power between the two factions has taken place more behind the scenes than in open confrontation. From August 2004, for the first time, a civilian has headed the NSC… Mehmet Yigit Alpogan took up his post as the new civilian secretary general. The NSC is slowly being forced under civilian control, having long been the stronghold of the military and the mechanism through which Turkey's generals have warned the government of impending coups.” [109a]


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