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No discussion on unchangeable articles of Constitution, says Toptan
Parliament Speaker Köksal Toptan said he opposed the idea of the Constitutional Court shutting down political parties.
Friday, 14 November 2008 12:26

Parliament Speaker Köksal Toptan has said unchangeable articles of the Constitution should not be opened to discussion as they make up the fundamental elements of the Turkish state and republic.

Toptan, participating in a live broadcast on TV8 on Wednesday evening, said no discussion should be held over Articles 1, 2 and 3 of the Constitution, which are related to the republic's political regime.
Toptan's remarks came in response to a question on his thoughts on remarks by Constitutional Court President Haşim Kılıç, who said he was planning to focus on the unchangeable principles of the Constitution at a symposium for the anniversary of the establishment of the top court if he found the "courage" within himself to do so.

"I am worried about how much courage I have in that regard, but you can see that the German Foundation for International Legal Cooperation and the Bilkent University faculty of law both have the courage to open a debate on this vital topic," said Kılıç, who delivered a speech at a symposium titled "Unchangeable Principles of Constitutions" earlier this week.

However, Kılıç released a statement yesterday explaining that he had agreed to participate in the symposium upon a personal invitation from the dean of Bilkent University's faculty of law and had made a short speech at the event:

"I should underline that I did not offer any thoughts, comments or views regarding the articles of the Constitution. I made a short speech thanking them for the invitation, but it is sad and worrying to see media organizations and individuals who exceeded their boundaries, creating a fantasy world in their political evaluations of me and the institution [Constitutional Court]. A discussion and evaluation of the unchangeable clauses of the Constitution is not a new development, and it is known that it has been a subject of discussion in the past."

Toptan said that everyone should refrain from any act that might change the fundamental principles of the republic. "They are fundamental elements of our state and republic. It is out of the question for us to give way on these elements. Therefore we shouldn't open them to discussion. Having discussions over them will not serve any good purpose. They will only cause new troubles," he said.

Upon a question about the dislike a certain segment of society felt toward the pro-Kurdish Democratic Society Party (DTP), Toptan said political parties obtain the opportunity to be represented in Parliament thanks to the public and should only be sent out of Parliament by the public.

"I don't appreciate the remarks and behavior of our friends from the DTP, either. However, the public sent them to Parliament. If they are to be sent out of Parliament, the public will do this," he stated.

The fact that the DTP refrains from terming the outlawed Kurdistan Workers' Party (PKK) a terrorist organization and its mild reaction to the violent acts the group perpetrates draws the ire of many citizens in Turkish society. Many say the DTP is the extension of the terrorist organization in the political arena and should not be allowed representation in Parliament.

Toptan said he opposed the idea of the Constitutional Court shutting down political parties, recalling that a case to close the DTP is currently being reviewed by the court.

"We all respect court decisions. But I don't appreciate party closures by any court. Various ideas are represented in Parliament. This is a great opportunity for Turkey," he said.

A top state prosecutor filed a closure case against the DTP last November on the grounds that the party had become a focal point of separatist activities. The fact that the DTP avoids terming the PKK a terrorist organization and denouncing its bloody attacks was among the prosecutor's strongest accusations against the party. The case is being deliberated by the top court, and observers say the court is nearing a decision.

Toptan also touched upon a recent Alevi rally held in Ankara last week to draw attention to the problems and demands of Turkey's Alevis.

"We all have problems. These problems will be solved. This is one of society's duties. It is important that problems are voiced and discussed freely," he said.

The Alevi groups voiced their demands at the rally, including the abolishment of compulsory religious lessons at public schools; recognition of Alevi prayer houses (cemevis) as places of worship; abolishment of the Prime Ministry's Directorate of Religious Affairs; and the creation of a museum at the site of the Madımak Hotel, where 37 Alevis were murdered 15 years ago.

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