Cyprus PIO: Turkish Press and Other Media, 01-01004

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From: The Republic of Cyprus Press and Information Office Server at <http://www.pio.gov.cy/>

[A] NEWS ITEMS

[01] The Turkish Grand National Assembly has approved amendments to the Constitution.

[02] «Yes» to the EU by the great majority of the inhabitants of the occupied areas.

[03] Sheikh Nazim Kibrisi rejects involvement in the terrorist attacks in the United States.

[04] New regulation to facilitate Turkish Cypriot exports via Turkey.

[05] Attempt to unite the left-wing parties in the occupied areas fail.

[B] COMMENTS AND EDITORIALS

[06] Sami Kohen: Pressure on north Cyprus diminished after attacks in United States.

[07] Turkish columnist expresses concern about Ecevit's health

[A] NEWS ITEMS

[01] The Turkish Grand National Assembly has approved amendments to the Constitution

«Proposal to curb Erbakan's political ban gets rejected; amendment enabling Erdogan to stand as deputy fails to secure enough votes and is ejected from amendments package.

DYP reportedly played key role in getting items rejected; other right wing parties see Erdogan as threat so voted against» Turkish Daily News (4.10.01) carries the following report:

«Parliament has said 'no' to amendments that would allow Islamist politicians Necmetin Erbakan and Recep Tayyip Erdogan back into politics.

Political fears held by opposition True Path (DYP) as well as the other right wing parties - Motherland (ANAP), Nationalist Movement (MHP) and Saadet (Happiness and Contentment) Party - played a role in the articles not going the way Erbakan and Erdogan had wanted. Opposition DYP together with coalition MHP and ANAP all shied away from allowing Erdogan back into politics and opposed Erbakan's coming back into politics earlier with a reduction in his political ban.

Saadet deputies intensified their efforts to have amendments to Article 69 made that would see Erbakan's political ban cut from five years to four meaning it would end in February 2002.

During Saadet's talks with the other parties it received promises of support in the voting from the DYP. The other parties also warmed to the idea. Those parties seeing Erdogan as a threat were reportedly acting on the idea that if Erdogan were to get back into politics then it would be better to enable his major opponent Erbakan to enter the arena as soon as possible. The DYP maintained the view that either both articles should be accepted or neither of them should be. However, in the open voting done on Wednesday morning both the DSP and the MHP voted against he Erbakan proposal, while Saadet, Erdogan's Justice and Development Party (AKP), the DYP, ANAP and a couple of MHP members voted in favour. However, in a later electronic vote, the DYP also reportedly voted against thus sealing the fate of the Erbakan proposal.

According to Article 69 of the Constitution, the political ban imposed on Erbakan is due to be lifted in February 2003. Had the proposal been accepted, this ban would have been lifted in February 2002 and would have seen Erbakan come out from behind the curtains to openly lead Saadet.

Another amendment to Article 69 makes it harder to dissolve political parties. The Constitutional Court will now be able to cut off some or all of the Treasury funding to a political party rather than dissolving it immediately. This article, which does not lift Erbakan's ban, was accepted with 442 votes.

Furthermore, by means of an amendment made to Article 76, the risk of AK Party Erdogan getting elected as a deputy was to have been lifted. The clause stating that even if those convicted on charges of ideological and anarchistic acts were pardoned they would not be able to stand as deputies was to have been amended to read 'those convicted of terrorist acts' instead. Thus those convicted under Article 312 of the Turkish Penal Code (TCK) 312 (inciting hatred on racial, sectarian, regional or social grounds) would be allowed to become parliament deputies. This was why many lawyers were maintaining that Erdogan, because he had been earlier convicted under Article 312, could not become a deputy despite the amnesty being passed. Had the amendment been passed, this would have enabled Erdogan to stand for election as a parliament deputy. Furthermore, Court of Cassation (Appeals) Chief Public Prosecutor Sabih Kanadoglu had applied to the Constitutional Court citing the same reasons and asking for AK Party to be warned and an injunction placed on Erdogan's powers as party leader. The Court delayed the hearing until the voting had been passed.

Of the 493 deputies that voted over this amendment, only 294 voted in favour. There were 169 votes against, 11 abstentions, nine invalid and 10 empty voting papers. The article had failed to get through the first round of voting by only securing 355 votes. While this would have been enough to exceed the 330-vote cut off point in the second round, it failed to secure even this much and was thus rejected.

Other amendments

By means of an amendment to Article 38, Kurdistan Workers Party (PKK) separatist terrorist chieftain Abdullah Ocalan will no longer escape being hanged. The article bans the death penalty in all cases except for war, immediate threat of war and terrorist crimes. While terrorist crimes enter the Constitution for the first time, the death penalty for heinous crimes has been abolished. In addition, an extra clause added to this article states that illegally obtained evidence may not be accepted. Another clause states that nobody shall be imprisoned for failing to fulfil their side of a contract i.e. bouncing cheques, defaulting on debts etc. It was passed with 383 votes.

An amendment to Article 74 affords foreigners resident in Turkey the right to submit petitions, provided that the principle of reciprocation is observed. (Accepted with 438 votes)

By means of an amendment to Article 31, the restrictions on the use of mass communications equipment held by public bodies are rearranged. These restrictions can be enforced for reasons of national security, general health and morality and public order as in the European Human Rights Convention. (Accepted with 447 votes)

An amendment to Article 33 brings restrictions on protest marches and meetings into line with the same convention. (444 votes)

An amendment to Article 36 sees the right to a fair trial, which is assured through international agreements Turkey has signed, is put into writing. (439 votes)

By means of an amendment to Article 40, it is now easier for an individual to claim his/her rights all the way through to the end of any administrative or criminal proceedings. (425 votes)

Article 41 was amended to ensure equality between men and women and was accepted with 410 votes.

Sequestration was rearranged with an amendment to Article 46 by stating that individuals should not suffer any financial loss due to interest rates when being compensated by the state. (410 votes)

Amendments to Article 49 five give the state the duty of protecting both workers and the unemployed. (419 votes)

Restrictions to labour union rights are reworked with an amendment to Article 51. (415 votes)

By means of an amendment to Article 55, the minimum living standard for workers is ensured. (414 votes)

An amendment to Article 65 envisages the state carrying out its duties in the social and economic fields in accordance with available funds and by observing the appropriate priorities. (443 votes for)

An amendment to Article 67 lifts an article that was in violation of the principle of male-female equality. (455 votes)

Amendments to Article 67 state that no amendment to the Elections Law shall be applied within one year of that amendment being made. This prevents governments amending the law at the last moment to ensure they win the next election. This amendment is not valid for the next election, but is for all others. (455 votes)

No end to Parliament's work

Following the amendments made to the Constitution, there will now have to be amendments made to the corresponding laws. If Parliament is unable to legislate the appropriate laws by the end of the legislative period, there could well be problems applying them.

Among the laws to be amended are the Deputy Selection Law, Political Parties Law, Turkish Penal Code, Sentencing and Criminal Procedures Law, the Anti-Terrorism Law and the Civil Code. Many of these laws are expected to enter Parliament after being passed in bill form from the Cabinet.

Until the laws are changed in parallel with the amended Constitution, many outstanding law cases will experience contradictions. If any one party in a case objects and says the charges are unconstitutional, the case could be taken to the Constitutional Court, which could then annul the offending article in the laws.

Now that the death penalty for heinous crimes has been abolished, a new law needs to be introduced commuting them all to life imprisonment. Of the 118 convicts on Turkey's death row, 44 were to be hanged on such charges. Parliament has not approved of any death sentence since 1984.

Scope of amnesty broadened

By means of an amendment to Article 87 of the Constitution, crimes committed against the state, as covered by Article 14, are now covered by amnesties. A further amendment makes it harder for Parliament to issue general and specific amnesties. In the past, a technical majority vote was needed to issue an amnesty, but now a three-fifths majority (330 votes) is needed. A provisional article added to the amendment prevents Abdullah Ocalan from benefiting from the amnesty currently in force by excluding all crimes committed before the amendment goes into effect.

A total of 424 deputies voted over the amendment, of whom 393 voted in favour with 26 against, two abstentions and three empty.

The second amendment to be rejected concerned Article 83 or deputies/ immunity from prosecution. Had it been accepted, the numerous prosecution request files that have been put on hold indefinitely at Parliament were to have been reviewed over the next three months. It would also have made it compulsory to finalize the work on 100 plus files that have been waiting for over two years now. The article also envisaged a secret ballot being required to revoke a deputy's immunity. With 330 votes needed to pass this amendment, 483 deputies voted with only 295 voting in favour and 166 against. There were four abstentions, five invalid papers and 13 empty ones.

Super cushy pensions for deputies While voting down an article that was not in their favour, the deputies then voted all in favour of amendments to Article 86, which covers their pension rights. The amendment, already known as "the cushy pension" amendment, has now become a "super cushy" amendment. The pensions will now be set according to the "highest State Retirement Fund (Emekli Sandigi) participant" as opposed to the "highest civil servant (prime minister). This brings their pensions into line with the Chief of the General Staff pension, or a 100 percent pay rise. Some 416 deputies voted in favour.

A further amendment passed by 421 deputies ensured that the laws allowing privileged pensions to deputies cannot be abrogated by the Constitutional Court.»

[02] «Yes» to the EU by the great majority of the inhabitants of the occupied areas

The paper publishes today the last part of the public opinion poll conducted with the participation of 1000 people from all the occupied regions of Cyprus. According to the results of the poll the 43.6 % of the people living in the occupied Cyprus support a confederal solution to the Cyprus problem, the 40.2 % are in favour of a federal solution, the 11.2 % believe in «the continuation of the existence» of the pseudostate and the 4.6 % said that the occupied Cyprus should be integrated with Turkey.

[03] Sheikh Nazim Kibrisi rejects involvement in the terrorist attacks in the United States

Talking yesterday to reporters of KIBRIS who visited him, sheikh Kibrisi noted, among other things, the following:

«...I neither have had conducts nor met with the Taliban nor do I approve of what they have done. I have absolutely no connection with the incident and I feel ashamed that Bin Laden said `I didn't do it, but I thank those who did`. These words condemn him. If I were the (religious) law I would firstly cut the hands and the legs of the terrorists and in the end I would hang them. After that you would see how quickly the terror would have ended...».

[04] New regulation to facilitate Turkish Cypriot exports via Turkey

Under the new regulation, pseudostate products will enter Turkey with «zero customs fee». The so-called State Ministry in charge of Economy Undersecretary Ahmet Aker said that this would create a series of opportunities to the producers and exporters in the occupied areas. ``The more Turkish Cypriot producers and exporters benefit from these opportunities, the more our exports to Turkey will increase,`` he said.

``Now the door is open, we don`t know how many people will pass through it. We are expecting that the new regulation will significantly increase the pseudostate/s export figures,`` Aker said.

[05] Attempt to unite the left-wing parties in the occupied areas fail

YENIDUZEN (4/10/01) reports that RTP's leader Talat, in an announcement made yesterday, said that the efforts to unite the left-wing parties in the occupied areas has ended with no results. Talat said: "We are not ready to join forces with CLP and PUM, but we are ready to cooperate on concrete issues. It is difficult for us to reach an agreement with PUM, because they support Cyprus/ accession to EU even before the solution of the Cyprus problem and we cannot agree with CLP, because they defend the economic package».

[B] COMMENTS AND EDITORIALS

[06] Sami Kohen: Pressure on north Cyprus diminished after attacks in United States

Greek Cypriot leader Glafkos Clerides was flying to the United States in order to meet with UN Secretary-General Kofi Annan on 11 September, the day terrorists attacked the twin towers in New York.

Despite the endeavour of Turkish Cypriot leader Rauf Denktas to reject the proposition on unconditionally resuming the talks on 12 September, Clerides had agreed to meet with Annan.

However, New York's airport closed following the terrorist attacks on the twin towers in the city. Consequently, Clerides' plane was diverted to Canada. Perceiving that his meeting with Annan will not materialize in the wake of these horrible attacks, Clerides decided to return to his country.

Meanwhile, in remarks he has made to one of his close friends visiting him last week, Rauf Denktas has said: "This is what happens if Clerides ignores me and decides to move into action on his own!"

The Greek Cypriots were disappointed at the return of Clerides to the island without meeting with Annan. As indicated by Greek Cypriot newspapers, the main reason why the meeting between Clerides and Annan failed to materialize is because the Cyprus issue has been removed from the world's agenda in the wake of the terrorist attacks in the United States.

Truly, the latest incidents in the United States have reduced the urgency of the Cyprus problem. Naturally, the United States, which is the "driving force" with regard to the Cyprus issue, is not in a position to focus its attention on the Cyprus problem right now, and circles in Washington closely linked to this issue have openly declared so.

The practical meaning of all this is that the efforts that the United States and Britain have been exerting in the background and the efforts that the United Nations has been exerting in the foreground for the immediate resumption of the Cyprus talks have been suspended for the time being.

This also means that the immense pressure that was earlier being applied on the Turkish Cypriot side will decrease. Most probably Rauf Denktas feels happy now...

Meanwhile, in parallel with the disappointment prevailing in the Greek Cypriot sector, there are a number of reasons as to why the Turkish Cypriots feel relaxed now.

First, as I mentioned earlier, no one is considering the urgent resumption of the talks on the Cyprus problem (within the framework of the parameters determined by the United Nations) or the exerting of pressure for this purpose on the Turkish Cypriots under the present circumstances.

Second, Turkey's strategic importance appears to have grown under the present critical circumstances. Turkey is now included in the new formations. This is very important. Under the present circumstances, the United States and the West would refrain from maintaining any positions that would make the Turkish Cypriots feel uneasy.

Third, it is important for Cyprus to be peaceful now in the new atmosphere that has emerged in the Mediterranean and the Middle East. Any endeavour that spoils this peace for the sake of finding a solution to the Cyprus problem would be very dangerous now.

All these mean that the United Nations and the powers supporting it will henceforth refrain from dealing with the Cyprus problem now. Naturally, the Cyprus problem has ceased to occupy the most important place in the international diplomatic field under the present circumstances. However, the Cyprus problem has not been forgotten or abandoned.

Meanwhile, there is an important factor, mainly, the EU Accession timetable, that will raise the Cyprus issue on the agenda once again. EU officials are constantly indicating that Cyprus will gain EU membership in accordance with the determined timetable irrespective of whether or not a solution is found to the Cyprus problem (that is, the Greek Cypriot sector will unilaterally gain EU membership). The EU officials are saying that a decision regarding the matter will be finalized in 2002.

It is difficult to say for certain as to the direction along which the international events will proceed in the future. However, there is no doubt that the new formations will have a bearing on the developments with regard to the Cyprus problem and the solution of this problem...

[07] Turkish columnist expresses concern about Ecevit's health

«I began to write this article three times. I gave up every time.

However, when Tirmik started to pressure me for the fourth time "to write about him," I could not resist.

I am talking about Bulent Ecevit. People have been writing about Ecevit's physical health for months. (Or is it for years?) Some people make nice jokes with regard to this issue. Some, however, make the cruellest and the most unbecoming jokes.

Furthermore, a series of rumours has spread. There are rumours to the effect that a serious disease constitutes the reason for Ecevit's "mysterious" visits to Sweden. These rumours refer to really frightening maladies, such as Parkinson and Alzheimer. Efforts are made "to diagnose" his shaky walk, his stuttering, and his breathing difficulties.

Everyone focuses on Ecevit's physical health, however.

Under these conditions, we can only say: "May God grant him a long life." This politician is over 76 years old. As a young man, he smoked heavily and drank great amounts of tea every day. He has experienced many tensions in his political life. In this regard, it is only natural that he would have serious health problems at the age of 76.

The fact that he has to face health problems makes us very sad.

What interests me, however, is Ecevit's "mental" health, rather than his physical health.

This is because Ecevit's decisions and steps deeply affect us.

I will try to talk about my concerns with regard to Ecevit's "mental health" without humiliating and insulting him.

When he was Karaoglan [Ecevit's nickname] and people would write Karaoglan on every wall, I was one of the journalists who participated in a great number of Ecevit's tours. At that time, I observed him closely. I was first concerned with regard to his "mental health" during the Cyprus Operation in 1974.

He gave instructions to launch an operation in Cyprus and he defined this operation as the "Peace Operation." It is possible to think that to talk about peace at a time when one is waging a war constitutes a political manoeuvre for certain politicians. This is impossible for an intellectual such as Ecevit, however. It was impossible for him not to see the paradox [preceding word in English] between war and peace.

I did not write about this concern. Nor did I insist on this concern.

The years passed quickly. He did not surrender to the fascist junta following the 12 September coup d'etat. In fact, he resisted in an intellectual way against this junta. We praised Ecevit for his behaviour at that time. Furthermore, we were very understanding toward him when he explained that he did not turn this resistance into an organized movement because he was sick and tired of the intraparty conflicts that existed within the CHP [Republican People's Party] prior to 1980. We did not agree with him, but we showed understanding.

Later, the DSP [Democratic Left Party] was established. He was justly criticized because he established and maintained the DSP as a "family party." Even in a country where "victory" is the most important thing in terms of politics, the fact that he was able to come to power did not eliminate the criticism against the "family party."

In this regard, the decision on "determining the successor," which leaked to the press yesterday--the democratic shame that the "Ecevit(s)" have determined the person who will become party leader after Ecevit--constitutes a new reflection of this "family party" reality.

This is not our business, however. This is the business of those who want to engage in politics under the roof of the DSP and those who continue to operate within the DSP despite this humiliation. However, Ecevit's political line, which is gradually moving toward nationalism, forces us to question his mental health. I am not able to answer how Bulent Ecevit--who deserves to be characterized as a high-level intellectual in this country--combines "intellectualism" with "nationalism."

And following is a final note with regard to the mental health of Ecevit:

The Prime Minister took his place before the cameras and shamelessly noted that the Taliban regime constitutes a threat to Turkey and that in this regard, it is everyone's duty to eliminate and to destroy this regime.

I agree that the Taliban is a threat to democracy, to human rights, and to women's rights.

To eliminate, to destroy, and to overthrow the Taliban, however, is the duty and the responsibility of the Afghan people.

At a time when President Bush is getting prepared to wage a war against Afghanistan despite the fact that he does not have any incriminating evidence against this country, and at a time when President Bush views this war as a "crusade"--even if this was a slip of the tongue--Ecevit's statement is so grave that it raises question marks with regard to his mental health.

If a power that declares the Taliban as a threat to the "civilized world (whatever "civilized world" means) and which exercises the right to eliminate the Taliban attempts to define another country as "a threat to the civilized world" tomorrow, if it wages a war against this country, and if this "threat" becomes a good pretext for waging wars against countries that do not act in line with the United States' interests, what will Ecevit do with the statement he issued yesterday?

The prime minister scares me!»

KV/SK

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