The Associated PressPublished: March 28, 2008
Turkish court becomes stage for conflict between Islamic-rooted government and opposition
ISTANBUL, Turkey: A top court could decide as early as next week whether to hear a case for a ban of Turkey's Islamic-oriented ruling party, in a dispute that threatens to deepen political divisions, hurt the economy and slow an already troubled bid to join the European Union.
Over the past year, the battle between a democratically elected government led by pious Muslims and its opposition, loosely defined as the secular elite, has shifted from Parliament, to the ballot box, to the courts. Turkey's military, an instigator of coups in past decades, has warned that secular ideals are in peril, though an armed intervention seems unlikely for now.
Abdurrahman Yalcinkaya, chief prosecutor of the High Court of Appeals, said in his complaint that 71 people, including Prime Minister Recep Tayyip Erdogan and President Abdullah Gul, should be banned from politics for five years.
Yalcinkaya cites the government's efforts to lift a ban on the wearing of Islamic head scarves in universities, attempts to roll back restrictions on religious education and allegedly anti-secular comments by ruling party officials.
The head of the 11-member Constitutional Court, Hasim Kilic, said judges could meet as early as Monday to discuss the argument for the dissolution of the Justice and Development Party on grounds that it was trying to scrap secular principles enshrined in the country's constitution.
"Turkey is increasingly straying from peace. It won't do anyone any good to raise tension in society," Kilic, a 58-year-old economist, told local reporters in an appeal for national unity.
The court's rapporteur, Osman Can, sent his assessment of the 162-page document to the judges on Thursday night, a court official who has seen Can's report said on condition of anonymity because he is not authorized to talk to the media.
Can suggested that the court hear the case but ask the prosecutor's office to provide more evidence, the official said. Hurriyet newspaper reported in its Friday edition that the rapporteur also said "closing down parties is not compatible with democratic systems."
The rapporteur's conclusion is not binding for the court, which needs a majority of at least 6-5 to accept the case. However, any decision to close the party requires a 7-4 vote. In 1998 and 2001, the court closed parties deemed to be anti-secular.
The ruling party has a majority in the 550-member parliament, and its members could likely regroup in a new party in order to lead the government despite the disruption of any closure.
The government says the case is a desperate act by opponents in the judiciary and other state sectors who resent the erosion of their traditional power, as well as a blow to Turkey's efforts to model its democratic institutions on Western standards as a condition of EU membership. Turkey's European campaign has already been damaged by French and German misgivings, a dispute over the divided island of Cyprus and divisions within the predominantly Muslim nation that have sapped domestic support for the project.
"Of course, it makes it more difficult for the Turkish government to negotiate with the European Union and close the different chapters when they're going to sit in the court all the time," Danish Foreign Minister Per Stig Moller said in Cyprus on Thursday after a visit to Turkey.
"We do not make the courtroom the place of political debates. Political solutions should take place in the parliament, not in the courtrooms," Moller said.
The conflict in Turkey, a NATO member with more than 70 million people, intensified last year when the military-backed opposition in Parliament tried in vain to derail Gul's presidential candidacy. Also in 2007, the ruling party surged to re-election with 47 percent of the popular vote, and national attention shifted temporarily to an escalation in the fight against Kurdish rebels based in Iraq.
The roots of the conflict lie in the era of Mustafa Kemal Ataturk, the national founder and early 20th century war hero who viewed Islam as an impediment to modern development and a symbol of the ills of the decrepit Ottoman Empire.
Ataturk imposed a secular system with an authoritarian streak, restricting religious dress, education and practices. Today, his ideological heirs spar with a government led by an emboldened class of Muslims who don't view Ataturk with the same reverence, though they cite a reformist record as proof that they won't dismantle secularism.
Leading business groups in Turkey have urged political parties to reduce tension and focus on economic development at a time when global markets have been shaken by the sharp economic slowdown in the United States. The Turkish stock market plunged on March 17, partly in response to the prosecutor's announcement of the case against the ruling party.
"Past experiences have proven that closing political parties has not resolved Turkey's political, social or economic problems," the Turkish Industrialists' and Businessmen's Association said in a statement. "Rather, it has led domestic and international public opinion to question Turkey's democratic values and its commitment to universal standards."
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