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24. November 2009
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Türkei begrenzt Macht des Militärgerichts[en

Erschienen: Donnerstag 9. Juli 2009   

Der türkische Präsident Abdullah Gül unterzeichnete am Mittwoch (8. Juli 2009), trotz Warnungen von der Armee, dass dies die Spannungen mit der Regierung verstärken werde, ein Gesetz, das darauf abzielt die EU-Kriterien zur Begrenzung der Macht von Militärgerichten zu erfüllen.

Hintergrund:

Known as 'Kemalists', the Turkish military are considered guardians of Kemal Ataturk's secular legacy. After World War I, Ataturk sought to transform the ruins of the Ottoman empire into a democratic, secular nation state. In past decades, the military has toppled several governments. 

The army's power was recently curtailed as part of ongoing efforts to prepare the country for EU accession. In response, the military launched an unsuccessful bid to ban the ruling AKP party (EurActiv 31/07/08). 

A wave of arrests of suspected members of 'Ergenekon', a mysterious organisation close to the secularist military establishment, brought new tension to Turkey (EurActiv 12/01/09). 

In their last report on Turkey, MEPs welcomed the beginning of trials for those accused of "being members of the Ergenekon criminal organisation" (EurActiv 12/01/09). 

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Parliament last month passed legal changes that allow civilian courts to try military personnel during peacetime and bar military courts from prosecuting civilians. 

The changes comply with the European Union's requirement that the authority of army courts be restricted to military affairs, Gül said in a statement on his website. 

"In implementing these reforms, it would be beneficial for legal changes to be made to remove doubts likely to arise over discipline and legal guarantees from the perspective of military service," he said. 

Turkish media last week cited senior military officials as saying the law was unconstitutional and that it threatened to create clashes between the military and civilian judiciary. 

Prime Minister Recep Tayyip Erdogan's ruling AK Party, which has its roots in political Islam, has been at odds with the army and the rest of the secularist establishment over government policies and the direction of the predominantly Muslim country. 

Turkey's military, which has forced four governments from power since 1960, considers itself the guardian of the country's secular constitution. But it has seen its influence in public life diminish as Ankara pushes EU-inspired reforms. 

Deputy Prime Minister Cemil Cicek, who is also the government's spokesman, said the law was a "step to improve democracy" in EU-aspirant Turkey. 

Cicek said Gül had recommended the government make some amendments to allay concerns by the military, including legal assurances regarding the duties of military personnel. 

There was no immediate reaction from the military. 

The legislation allows civilian courts to try members of the armed forces who are accused of crimes including threats to national security, constitutional violations, organising armed groups and attempts to topple the government. 

The main opposition Republican People's Party (CHP), which has aligned itself with the military, will appeal to the Constitutional Court to strike down the measure, Mustafa Ozyurek, a CHP deputy, told NTV news channel. 

(EurActiv with Reuters.) 

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