Mentality is Important, not Annulling DGMs

Jurists spoke to bianet about annulling the State Security Courts (DGM) in Turkey, as it appears in the proposed constitutional amendments by the Justice and Development Party government.

The government has sent its proposals to the parliament. The jurists doubt that the current implementation will change in any positive way.

Under the draft prepared by the government, as part of efforts to comply with the Copenhagen criteria, ten articles of the Constitution would be amended. According to these amendments, the DGMs in Turkey would be transformed into "specialty courts".

In addition, provisions about death sentence in four articles would be eliminated, sexual equality would be ensured and military expenses would go under the control of the government accounting bureau. The amendments also end the requirement that a representative from the General Staff is present at the Higher Election Board (YOK).

Article 143 of the Constitution, which regulates the establishment and operation of the State Security Courts, would be annulled under the draft, with the aim of transforming DGMs into "specialty courts," which are second-degree appeals courts, under European norms.

CHD head Sensoy: "Police and practicality of jurisdiction is the important thing."

Suleyman Sensoy, head of the Contemporary Jurists Association (CGD), said the Supreme Appeals Court's doctrines, based on DGM decisions, would continue to be present and strong even after the DGMs are annulled.

"We don't believe there will be any change in implementation," said Sensoy.

According to Sensoy, "the decisions taken by courts and appeals courts up to today will play the important role in the future too. The important thing is the implementations of police and jurisdiction."

* "The DGMs should be annulled with a new approach. Transforming such institutions need to take place together with transforming the training and views of judges and prosecutors."

Serap Baskan from the Istanbul Bar: "Freedom of expression cannot be abstract"

Serap Baskan, member of the media tracing table at the Istanbul Bar, said the legal and constitutional amendments to ensure "freedom of expression," may find meaning in "defending the Republic." According to Baskan, amendments that do not comply with this may become "weapons of enmity toward the republic."

Baskan, who said the notion of "freedom of expression," is not an abstract notion like all social values, believes that "freedom of expression, may only take on a real meaning if it is evaluated within the cultural dimensions of the society." (EO/EK/EA/YE)