YEAR 2000
PERSPECTIVES OF HADEP

B- TURKEY

1. The basic issue is democratisation. The Republic should not govern Democracy, but contrary, the Democracy should govern the Republic.

The clearly determining elements of contemporary democracies in our age, despite many definitions were made in this regard, are citizenship with equal rights, respect to the human rights, involvement of many cultures, laicism (secularism), superiority of law, freedoms of thought, expression, belief and organization and social state, pluralism, participation and local governance.

The process of democratization has been constructed over issues such as nationalization, capital accumulation, formation of laic republics, attainment of social justice and democratic criteria with historical and social aspects, as resolved by European nations gradually to extend to a period of at least three centuries. Turkey has also been facing the same development process, although it is giving effect to different features.

At the actual point, the democratic powers still strive for making Turkey a democratic country in the real sense. Remarkable steps have been initiated towards eliminating the greatest obstacle, Kurdish problem in Turkey, which is threatening development of democracy in Turkey, destroying the political grounds the process- sabotaging forces apply in justification of the violence atmosphere.

No way out remains except a democratic system which is based upon public, confined and qualified for human rights and accepting the superiority of law.

2. It is a great and historical chance that the conflicting scene has ceased.

The justifications against all democratic developments in Turkey had a ground that violence was still continuing. Further such event was a considerable justification on the part of right wing, fascist forces to create ground.

Community recognition of the fact that more powerful steps should be taken and implemented regarding democracy such as the commencement of EN process of Turkey, mitigation of Turkish Greece relations, even the disclosure of murdering gang, Hizbullah may be assessed and termed as the developments connected unto the termination of the violence.

The ground to develop democratic and left wing- social democrat movements in Turkey is at hand. We think the present is the most convenient time putting a left wing alternative model before Turkey. Because the political parties in the parliament is incapable of producing alternative as is more understood by the recent happenings. The leading parties in the parliament have hardly a voting rate representing one fifth of general electorate.

Therefore, in recognition and awareness of the historical ground for development as attained recently, the final and absolute way to cease conflicting society reality emerged due to irresolution of the issues from the very inception of the foundation of the Republic, the Kurdish issue to come first should be to eliminate the historical and social grounds it lies on. Otherwise the process of conflict will survive and continue more painfully.

3. The equation of Susurluk-Hizbullah-Mafia is notable internal threatening forces against the democracy in Turkey.

It has been discussed heretofore that Gladio type organization, with establishment and structuring dating far back, featuring an origin in the constitution of NATO has effective actions in Turkey which resulted in the permanent irresolution of the Turkey's leading and fundamental problems.

Turkey is suffering a most important problem namely bureaucracy-politics-Mafia link which was publicly recognized and revealed with the car accident nearby Susurrus years later and attracted public severe reaction. Despite no proper action was put through necessarily, there were several disclosure, decoding situations.

Such illegal organization was utmost activated in East and South Eastern Region. Gang, counter-guerillas, rural guards and murder gangs organized under the name of Hizbullah could have found their existence on the ground of irresolution of Kurdish issue.

At the same time, the struggle for democracy strictly requires elimination of such dirty affairs that corrode and consume society and state bureaucracy like a cancer cell.

Such three- way organization of politics Mafia bureaucracy has caused democracy to be faced with the threat to backward step from where it already stands.

4. HADEP is the most significant and powerful democratic movement of Turkey.

Our party was founded in 1994, to find solutions to the fundamental issues and to respond to the demands of outsiders and assimilated communities. As like former HEP-DEP-ÖZDEP, it acted a sustained and determined defender of democracy and peace. Such endeavors resulted in loss of 168 members and managers. It had may injured and arrested. Some persons were obliged to go abroad for security reasons and some lost their jobs and economic properties.

Having conducted a determined struggle as the voice of peace and democracy demands of the society, our party succeeded to have a 1,5 million voters in elections. The elections of 18 April 1999 brought attainment of 37 Mayors under such circumstances that no votes from villages are allowed, election campaigns and meetings prevented, nominees arrested and banned from work, Headquarter managers, the General President to come first, put in jail.

Following favouringly dominant success in local elections in the municipalities attained in the Region for the first time, we have been encountering with obstacles towards work of gained local governments. Our works become incapable through restriction of appropriation made to the previous local governments and sudden credit cut off. In spite of such actualities the works up to date have recorded a level above all actions by former governments.

Our party has strive for in the name of democracy in the process of conflicts and thus features as the single and only party to guarantee for the establishment of democracy and peace in the country. It is now impossible to realize any politic formation and take ensuing steps in ignorance of HADEP.

Our party constantly enhancing the trend for development by the efforts to organize and increase members in every part of Turkey, to find solution all problems actually lived by the Turkish people, as accompanied by its political approach taking peace and democracy as prioritized issues and its style of operation supported by women and youth dynamics

5. HADEP says the following for democratisation of Turkey.

POLITICS SHOULD BE CIVILISED

In examination of military authority civil authority relations on the level of state and power, we see that democratisation in Turkey is a matter of to become civilised. In principle, the military authority should be abided and governed by the civil authority and defence and internal security duties are separated in a democratic system. The major two milestones of civil organisation require arrangements in respect of Chief of General Staff and National Security Council.

As HADEP, we think that, in consideration of the universal particulars of the parliamentary system, the General Staff should be attached and reporting to the ministerial not the Prime Ministerial authority and National Security Council should be ceased to be a constitutional organization. Further we demand abolition of Prime Ministry Crisis Management Center without any legal and constitutional ground entered into force recently, which leads to the possibility to create a semi-military regime.

LAW REFORM SHOULD BE AFFECTED.

- A new constitution should be drawn up.

1982 Constitution is a literature of prohibitions. It is far from either being an aggregation of utmost level values of the communities and from a text of social agreement as well. In common statement Turkey is a state with constitution but not a constitutional state. It seems impossible to transform such a constitution into a democratic constitution, which is quite far away from legality and being responsive to the needs of society. Thus the most accurate way will be to draw up a new constitution. The new constitution should be short, simple,and serve as a superior legal norm based on common particulars of the society, include all communities and cultures and producing an equal and fair approach to them, defining and securing, guaranteeing their rights.

- The legislation should be rearranged.

Many legislation are anti-democratic and possibly not applied in a fairly manner to every one in its current form. Entire legal system should be restructured in line with the new constitution after the constitutional change, all non-contemporary legislation should be screened and eliminated, giving effect to equal exercise of newly enacted legislation to every citizen.

- Death penalty should be abolished.

Death penalty is either abolished or restricted to military crimes during war and traitors in European countries, Turkey excluded. Turkey is the only nation not having signed Supplementary Protocol No. 6 which envisaged peacetime abolition of death penalty among the member countries to the European Council. Legislation includes death penalty provisions applicable to almost 40 criminal cases. The statement of death penalty is also worded in the constitution. However death penalties with definite judgment have not been executed since 1984. As HADEP we advocate acceptance of Supplementary Protocol No. 6 of European Human Rights Agreement, and abolition of death penalty provisions in the legislation.

- General amnesty should be proclaimed.

Thousands of people have still been retained as arrested and convicted in the prisons on account of only their political opinions or social contradictions as a result of anti-democratic process in Turkey. Commencement of a new process, securing social peace and creation of consensus, we advocate, promptly calls non-discriminated general amnesty. That is what we struggle for.

- Fair election code should be prepared.

Barrier system should be eliminated and parties should be allowed to enter into electoral alliance. The election system in Turkey are frequently amended at the instance and to the benefit of parties in power, which amendments have in common anti democratic and unfair provisions. 10% barrier as is definitely involved by any system means that parties taking millions of votes in elections do not represent the masses. Sometimes 20% of electors are not being represented in the parliament. Further for the last three years, still official electoral alliances between the parties are not allowed despite Turkey is ruled by coalition governments and the balance with only one party in power is entirely eradicated. We see parties entering fraudulent electional alliance in lieu of it. As HADEP, we require that a new and fair election code be arranged which by all votes shall be considered, the parties joining the election shall compete in equal conditions and willing parties shall be granted with the choice to make electoral alliance.

- Trade union rights and freedoms should be recognised.

We want public civil servants be granted the right for syndication with strike and collective bargaining options and prohibition to establish trade unions peculiar to some fields of labor be abolished. Further we also demand abolition of financial and administration control, guardianship of the state over trade unions and arrangement of contemporary labor and trade union codes in Turkey.

- Elimination of the bans against thought, statement and organisation freedom.

The anti- democratic nature of the regime is caused by and at the same time issued in bans and penalties against the thought and statement. It is one of the reasons rendering irresolution of the problems such extremely deep. Turkey is almost tried to be made a country of deaf and dump masses. The constitution and legislation is full of prohibitions over thought. Our party defends overall removal of all clauses, primarily article 8 of Anti -Terrorism Code, articles 312 and 159 of Turkish Criminal Code, in constitution and legislation which holds statement of thought as crime, restricts freedom for science and arts, harms and destroys and punishes freedom of press and publication with all outcomes embedded in them.

- Religion and conscious freedom

"The freedom of belief includes and protects either to be able to have or not to have any religious belief. The prominent example of unfair legal and code intervention with freedoms of belief is compulsory religion courses in the education. Compulsory religious courses are contrary to the freedom of belief and religion. In a democratic, laic and respectfulto-human rights order, the state is not in any manner entitled to or has the right to obligatory teach religion to the others. Further the Chair of Religious Affairs as the primary channel of the state in religious extension and teaching should be abolished.

- Torture and any bad attitude should cease

Although some legal amendments and modifications were brought into action, and the time for arrest is limited this widely adverse event still remains. The time for arrest is quite long in OHAL Region, lack of instant notice to the families of arrested, extensiveness of arbitrary arrests, bad attitude during time of arrest, unexercised jurisdiction of the torturers and absence of preventive punishment are waiting for to be corrected with legal arrangements. As a political party whose members suffered from utmost torture we will strive for until full and entire abolishment of such crime of humanity in our country.

- The regime should be made ordinary.

Turkey is a country where extraordinary style of governance is often applied. Despite periodical experience of martial law, extraordinary regime is being made an ordinary application. OHAL legislation is becoming heavier, while, the ordinary period legislation becomes nearly extraordinary. The recently enacted code no. 4178 dated 29.8.1996 on undergoing amendments in Provincial Administration Code, Anti- Terrorism Code and some other codes is in terms of new empowerment to the governors a typical example of transforming ordinary governance style into extraordinary counterparts. The last step of it is the Regulation on Prime Ministerial Crisis Management Center. The extraordinary regime should be maintained within the scope of international standards in legal reform.

PARTICIPATORY POLITICS SHOULD BE GOVERNING.

- Local government should be strengthened; in-place administration should be essentially applied.

The participatory right includes but not limited to election. The most vulnerable point in this regard is the participation in the operation and decision making process of local governments. The Turkish public administration is in substance extremely centralized and thus closed to the public participation, in particular at local level. On the other hand local governments are the basic establishments of from below to top democratic organization. Therefore assignment of all powers to the local governments except several certain ones in hold of central government will bring solution to the notable problems of Turkey. Likely suspension or dismissal of local governing bodies or their members, which presently is still an often issue, by the Minister of Internal Affairs in some circumstances as a temporary precaution or until final judgment is entered, is not acceptable. Further, existing restrictive provisions on politics application at local level should be removed from legislation.

- The administration should be transparent and cease to be a secret.

The security interrogations, blacklisting, hiding personal information from even district courts, etc., causing administration transparent, constant information to the public on applications of public governance are important issues of democratic regime.

- Bans on the works of political parties should be eradicated.

- Code of Associations should be undergone amendments.

- The freedom for meeting and public demonstration should be enlarged.

We think that such right should not be limited in any manner except as for protecting public order