Country of origin information report Turkey March 2007

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5 Constitution

5.01 The Jane Sentinel Security Assessment website updated 25 November 2006 noted:



“Turkey's current constitution is based on the 1982 constitution put in place after the military coup. The document reflects the values the Turkish military has long taken pride in protecting: democracy, secularism, and strict insistence on Atatürk's goal of a unified Turkey uncritical of its founder or founding principles. Turkey installed the constitution after years of military rule, with the explicit aim of creating stability and order at the expense of civil liberties and human rights. The constitution remained essentially unchanged until 1999's military coup… Following Erbakan's ousting, civilian governments cautiously amended the constitution to dilute the original absolutist wording and increase protection for human rights and civil liberties, judicial independence, and power of the civilian government over the military. Torture and ill treatment are prohibited, and the entitlement to strike and other labour rights are recognised but can be restricted.” [109a]
5.02 The same Jane Sentinel website also noted that:
“In December 2002 as part of Turkey's efforts to harmonise Turkish laws with European laws, the parliament amended Article 76 of the constitution, which had banned people convicted of ideological crimes from running for office. The amendment, passed with the support of the Republican People's Party (CHP), the official parliamentary opposition, has rehabilitated all people stripped of their political rights, including Erdogan, who subsequently won a seat in parliament and became prime minister. In May 2004 President Ahmet Necdet Sezer signed a package of 10 constitutional amendments designed to bring legislation closer to EU requirements. The amendments abolished the State Security Courts, the death penalty in all circumstances, the seizure of printing houses, and the Office of the Chief of Staff's representative from the Higher Education Board, and placed military expenditure under full Audits Office supervision and guaranteed gender equality. 514 out of 526 deputies voted for the amendment package.” [109a]
5.03 The Jane Sentinel Security Assessment website further noted that:
“According to the Constitution, the president and the Council of Ministers (usually numbering around 35) share executive powers. The president, chosen by Parliament for a single seven-year term, has indistinct powers, and an active president may choose to stretch them…The Council of Ministers, which is politically accountable to the Legislature, is composed of a prime minister selected and appointed by the president and ministers selected by the prime minister and appointed by the president.” [109a]
See also Section 15:01 Freedom of Speech and Media.