|
 The argument isn't likely to save the party, said Vahit Bicak, a lawyer who worked as Erdogan's human-rights chief between 2003 and 2005. ``I don't think the defense is a good one,'' said Bicak. ``The court's approach to secularism is crystal clear.''
July 3 (Bloomberg) -- Turkish Prime Minister Recep Tayyip Erdogan's party told the nation's highest court that an indictment charging it with illegally mixing religion and politics is ``fictional'' and should be thrown out.
The oral argument today in Ankara, outlined in a 99-page brief filed by the Justice and Development Party, suggests Erdogan is already preparing for the group's closure, lawyers and analysts say. A decision against the party would also force him to resign.
``The Justice party's defense sets the stage for a continuation of the political battle,'' Bulent Aliriza, head of the Turkey program at the Center for Strategic and International Studies in Washington, said in a telephone interview. ``The danger is that the polarization will get worse and the confrontation that is clearly taking place right now will get worse, with unforeseen circumstances.''
The court case is the latest faceoff between Islamist- leaning groups and secularists that stretches back to the end of World War II. A defeat for Erdogan, 54, would put Turkey's six- decade-old democracy in uncharted territory by shutting down a party that was re-elected with 47 percent of the vote last year, the largest plurality in more than four decades.
Chief Prosecutor Abdurrahman Yalcinkaya presented his case two days ago. Hours before that, police rounded up more than 20 of the government's secular opponents for allegedly plotting a coup, including two retired army generals. Army officers see themselves as caretakers of the separation of mosque and state.
Indictment's Claims
Erdogan's party broke articles 2 and 24 of the constitution, which preserves secularism and outlaws the use of religion for ``personal or political influence,'' Yalcinkaya said in his 162-page indictment. He cited speeches made by Erdogan, President Abdullah Gul and other party officials to prove the group is seeking to introduce Islam via a ``dictatorship of the majority.''
Deputy Prime Minister Cemil Cicek led the party's defense during a seven-hour hearing that was closed to the public. He refused to comment on the details of his arguments when questioned by reporters after the court session.
At least seven of the 11 judges must rule against Erdogan to shut down Justice and Development. The court may decide by the first week of August, Hikmet Sami Turk, who was justice minister between 1999 and 2002, said in an interview.
`Secret Agenda'
The trial follows a legal defeat for Erdogan last month, when the same court struck down a law relaxing curbs on the Islamic-style headscarf. Yalcinkaya, 58, cites the government's attempt to implement the measure as proof that it has a ``secret agenda'' to make Turkey more like Iran's theocracy.
Erdogan has dismissed Yalcinkaya's claims, saying his indictment is ``a political text not a legal one.'' Evidence was ``gathered from newspaper cuttings, the correctness of which has not even been checked,'' the brief said.
The argument isn't likely to save the party, said Vahit Bicak, a lawyer who worked as Erdogan's human-rights chief between 2003 and 2005.
``I don't think the defense is a good one,'' said Bicak. ``The court's approach to secularism is crystal clear.''
A ruling against the government may bar Erdogan and 38 lawmakers from party politics for five years. The country must hold a by-election if more than 28 of parliament's 550 seats are vacant, according to election laws. There is some question over whether the court can bar Gul because the Constitution states the president can only be ousted for treason. The court has previously ruled that Gul, 57, may stand trial.
Erdogan Options
The government will respect the verdict, Erdogan said in a speech to his party deputies last month.
Once out, Erdogan may seek to sponsor a new political group, Vatan newspaper said on May 5, citing Erdogan.
Turkish law may also permit Erdogan to run for parliament with no party affiliation. The legislation doesn't mention whether those serving a political ban can serve as independent lawmakers.
The Constitutional Court dissolved two predecessors of Erdogan's party on similar charges in 1998 and 2001. The court, established in 1962 after a military coup, has shut down a total of 25 political parties.
Concern that banning the Justice and Development Party will destabilize politics has sent the benchmark National-100 stock index down about 40 percent this year, almost triple the 15 percent loss of the benchmark MSCI Emerging Markets Index.
`Difficult Period'
Turkey's army, which has ousted four governments in as many decades, yesterday called on politicians and the media to act more responsibly. Turkey is going through a ``difficult period,'' Land Forces Commander Ilker Basbug told reporters.
Last year the army clashed with the government over parliament's appointment of Gul as president, citing his Islamist past. The Constitutional Court later annulled a vote in the assembly selecting Gul, citing a technicality. That prompted Erdogan to bring forward a general election from November to July. Gul became president in August.
``The political crisis is escalating as the government is forcing the issue of Islam's role in a secular democracy,'' Aliriza said. ``This then gets us into the possibility of an economic and fiscal crisis.''
To contact the report for this story: Mark Bentley in Ankara at mbentley3@bloomberg.net
Last Updated: July 3, 2008 11:29 EDT |
