Bedrövligt åtal 2008-05-11

Den turkiske riksåklagaren har kokat ihop en riktig soppa som grund för kravet att förbjuda regeringspartiet AKP.

Journalisten Yavuz Baydar (tack Yavuz!) har skickat en engelsk översättning av åtalet till mig, vilket gör det möjligt att ta del av den turkiske åklagarens märkliga argumentation.

Åklagaren erkänner inledningsvis att det är en mycket drastisk åtgärd att förbjuda ett politiskt parti.

Mötes- och föreningsfrihet är en av de grundläggande rättigheter som skyddas i såväl Europakonventionen som i EU:s nya stadga om mänskliga rättigheter.

Men den turkiske riksåklagaren förklarar att Europakonventionen i vissa fall tillåter förbud för politiska partier - och han anser att ett sådant särskilt fall föreligger i detta fall.

Åklagaren hävdar att AKP vill upprätta en stat grundad på sharia och politisk islam i Turkiet. Det är ett brott mot den turkiska konstitutionen och är därför skäl att förbjuda partiet.

Som bevis presenterar han en lång genomgång av citat, pressmeddelanden och uttalanden från ledande AKP-företrädare.

I gammal god dogmatisk politbyråanda bygger riksåklagaren åtalet på en soppa av delvis riktiga men ur sitt sammanhang klippta citat och konstruerar ur detta en anklagelseakt som visserligen kan låta bestickande men som har mycket lite med verkligheten att göra.

Det är ett bedrövligt åtal. Hur kan detta ske i ett land som är medlem i Europarådet sedan femtio år?

Hoppet står till att den turkiska författningsdomstolen avvisar åtalet - annars blir det kaos i Turkiet.

Här en del av åtalet översatt till engelska:

"2 – Acts of Justice and Development Party that are subject to the case

a – Acts and statements of Justice and Development Party Chairman and Prime Minister Recep Tayyip Erdogan (p.27-54):
May 2003 remarks in Malaysia saying “as a modern Islamic state, Turkey can be an example for harmony of civilizations.”
In response to Court of Appeals Honorary President Eraslan Ozkaya in the opening of 2003 Judicial Year that those who want unlimited freedom of religion and conscience have the same aims with those who want to establish an islamist state, Justice and development Party Chairman and Prime Minister Erdogan said “this is an ugly and negative approach… In the world there is an inclination for creation of structures that are respectful to religions as well as thought and organization… We are in the effort of such a thing.”
Following TGS Deputy Chief GEN Basbug’s expressing the uneasiness of the military about the imam hatip schools, Erdogan met with Inter-university board members and also with the TGS Chief and then he instructed Education Minister to withdraw the draft law which eliminates the coefficient issue that makes imam hatip graduates more difficult to enter universities by saying “we are not in a hurry.”
In his speech at Oxford University on May 29, 2004, in reaction to the then President Ahmet Necdet Sezer who had vetoed the YOK law, said education in imam hatip schools is not against secularism. Regarding moderate islam, Erdogan said “there is only one islam. No adjectives can be put in front of it. This is a thesis aiming to hurt islam. Secularism is a totally different issue. Us being secular is mentioned in the constitution. People can display the requirements of their religion. It would be wrong to bring together islam and secularism in definition. Individuals cannot be secular.
When Kanal D TV broadcasts his 1994 remarks in Umraniye when he was RP Istanbul provincial chairman, in his statement published in “Aksam” in 2001, he said that he made those remarks under the conditions of that day and inline with the rhetoric and discipline of the party that he is a member of. He said “some people perceive secularism as a religion. If secularism is a religion, you cannot be muslim at the same time. A person cannot be a member of two religions at the same time. Secularism is a system and state is secular, not individuals. Being a member of a religion is an individual judgment.”
In the town of Christchurch at a conference organized by Center of National European Studies, Erdogan said “there are Turks, Kurds, Laz, Circassian, Georgian and Abkhaz in Turkey. He tie that connects ethnic elements in our country is the tie of religion. Because 99 percent of Turkey is muslim.”
While visiting Sydney Erdogan said “everyone should be proud of his/her identity. This is their most natural right. Kurd can be proud of being Kurd, Turk can be proud of being Turk and Laz can be proud of being Laz. I am saying this from the perspective of ethnic identity. However, the supra identity that attaches us to each other is the citizenship to Turkish Republic. This is common denominator… The absolute creator is the God. Why there is a need for discrimination.”
On his arrival from New Zealand and Australia, at the airport on December 11, 2005, when asked whether he had said “the main element that connects ethnicities in Turkey is religion,” Erdogan responded “I know what I said… There are around 30 ethnic groups… 99 % of the country is muslim. Religion is a cement in Turkey.” He said that he did not refer religion as “supra identity.” He said “I used citizenship to Republic of Turkey as supra-identity.” He continued “I repeat, religion is a cement and it is the most important connecting element. It has been so throughout the history.”
On his arrival from Kazakhstan in may 2005, he said at Ataturk airport in response to questions about Koran courses that were opened without permission “This is a very ugly reference. Koran courses cannot be illegal. This is wrong… Koran is learned. No one can be attributed with a crime just for learning Koran. This nation is muslim and this muslim nation can learn its own book Koran comfortably. There are no law provisions saying “illegal Koran courses.”
On the plane while going to the US in June 2005, in an interview with Tercuman’s Nazli Ilicak, Erdogan said “we have no problem with secularism… As an individual I am not secular. The state is secular. But I have the duty of protecting the secular system.”
On his way back from Beirut to Istanbul in June 2005, Erdogan told journalists on the plane that he is against imposing age limit to Koran courses and added that he went to Koran course when he was seven years old. On turban issue, he said that he has been thinking about submitting turban issue to referendum but added “of course timing of it is important.”
a) In his old statements to the press he had said:
We are working to bring a certain system to the administration of this country. This system, mentality will come to power sooner or later. We will not be a servant of individuals.. We will live the pleasure of being a servant of the God only.
In Turkey now sharia of some people is calid for now. But this sharia has exhausted.
I am imam of Istanbul
Thank God I am pro-sharia
I am against new year.
There is no need to stand still like a plant while paying respect to Ataturk
The age of atrocity will be over with the permission of God and an age of enlightenment will start.
Imams should make wedding registration as well.
Minarets are our bayonets, the domes are our helmets, mosques are our barracks and believers are our soldiers
You cannot be secular and muslim at the same time. You will either be muslim or secular. Both existing together will have a negative magnet effect. It is impossible to have both… Because the God has absolute dominance. The motto saying sovereignty rests with the nation without any conditions is a total, big lie.
After Justice and Development Party comes to power Erdogan said they have changed by evolving and noted that he has taken off the shirt of Milli Gorus. However, in his interview on TRT 1 on June 21, 2006 he said “am I going to pursue a different life while entering politics and after entering politics? Am I going to deceive people? I am what I was yesterday, I cannot change, I did not change.”

In a Kanal D program on July 9, 2004 Erdogan while evaluating the turban crisis at NATO summit, said “the concept of public sphere only exists in our country… we have to let free use of turban in private universities… They may not be employed in the state, they can work in private sector.”.. “When we were in the US to attend the funeral ceremony of former US President Ronald Reagan, we were in a Cathedral. Books were distributed to the people to recite religious songs, they all read the book. They did not lose any values… Why are we worried about it in our country?”... While explaining they want girls to be sent to schools but some girls want to attend schools with headscarf, Erdogan said “you do not allow headscarf to enter state schools, then let her educate in private school. Let us pave the path for such development… we need to overcome this situation.”
In an interview with German Welt am Sonntag in February 2005, when asked why his daughters wear turban, he said Sumeyye and Esra abide with the rules of Koran and added “we are pious muslims… Koran writes that women should wear turban in society.” “I regard turban ban in high schools as a mistake. A democratic country should provide freedom of religion. This includes citizens expressing their religion thru symbols.” “Banning is a French method, Turks regard Anglo-Saxon interpretation of secularism more suitable.”
In his speech at Foreign Relations Council in January 2004 in New York, when asked Erdogan said “headscarf is the common problem of the nation and the institutions in a country in which 98 % of the society is muslim. We want to solve it thru consensus. But I should note that this problem exists in Turkey. I wonder how a different approach would be in compliance with Copenhagen criteria?
At a panel organized by Justice and Development Party Women auxiliary in march 2004, Erdogan drew attention to the turban problem and said “we have been observing thousands of tragedies at the doors of universities… Discrimination against women is worse than racism. We have to fight against all kinds of discrimination.”
When he was visiting Ukraine in 2004 April, he met with two girl students wearing turban and the students had asked about equivalency of their schools. He said “this questions is asked everywhere. My kid, although he won Bogazici University, his coefficient was dropped because he was imam hatip graduate. My daughters since they cover their heads, they could not educate in Turkey. As a family we are the victims of this issue. We are against such separations. But solution to your issue does not depend us, it requires compromise of all parties. I do not want to introduce it by myself because if I do so, tension emerges.”
In a live interview with NTV on may 2007, when asked ‘can turban be modernized?’ Erdogan said “I do not find such a terminology correct. The essence of the issue is headscarf. Turban is a wrong word. The issue became politicized with turban. Headscarf comes from faith. The person who wears it, does it because of her faith.” “When institutional agreement is reached, the issue will be resolved.”
In his speech at World Affairs Council of Northern California and Commonwealth Club California, in July 2005, Erdogan said “there is no definition of public sphere yet,” “the problem in our country is that in universities there is no place for girls with headscarf… My only problem is there exists social agreement but there is no institutional agreement. We are in the effort to solve this problem.”
On his way back from Germany in November 2005, Erdogan linked the violence acts in ghettos of France with the turban ban. He said “banning of headscarf had an impact. With such attitudes isolating migrant societies, (French officials) ignited acts of violence…”
While meeting with administrators of Zaman daily in April 2005, when asked when imam hatip and headscarf problems would be resolved, Erdogan said “the problem of headscarf cannot be talked about it is experienced in life. There is an agreement among people. We need an agreement within parliament. The parliament does not reflect the will of the people.”
In response to the warnings of the then Constitutional Court President Mustafa Bumin on turban, Erdogan said “It seems that the agreement among the people does not match with the agreement of the institutions. If we do not see universal rights, it would be sad for our country.”
While opening the university dorms in Bolu in May 2005, Erdogan said “the youngsters are going abroad for education. We spend 1 billion 250 million USD. You understand to which groups I am giving message from here. If we solve this problem, they will not go.
On his way back from Lebanon in 2005 June, in response to questions of journalists Erdogan said “headscarf is a reality of the country, since we have the obligation to relieve the tension, we have to solve this problem. There are studies on the issue… There are positive developments… It is impossible to understand the disharmony among institutions since there is an agreement among the public… Referendum is a constitutional process. If necessary it can be considered as well. Of course timing is important.”
AKP Tokat deputy Resul Tosun, in his remarks at the TGNA General Assembly claimed that the GOT had pursued a wrong tactic at the European Human Rights Court session on turban case and added that there does not exist any ban on turban in the constitution and the laws and that the GOT could have remained passive and not present any defense. He then turned to the PM and asked “our party is strong and we have the sufficient majority why don’t we realize necessary arrangements? We have to solve these issues, we do not have much time left.” In response to Tosun, Erdogan said that the GOT had made the defense with conscience and that it had presented the EU criteria and left it to the discretion of the Court. He added “we take decisions, but it is reversed by the President. Y the Constitutional Court… These are not simple issues to resolve. You are acting very hastily… be patient.”
While making statements to Yeni Safak daily’s writers in June 2005, when asked how tuban issue will be solved, Erdogan said “we do not have a calendar. This is a matter of atmosphere and circumstances. They require constitutional amendment… When circumstances and atmosphere prevail, we will take steps.”
Speaking at AKP’s organizational meeting at Haldun Alagas Sports Hall in May 2005, Erdogan said “there are pains in my heart… but we have to be patient… 99 % of our country is muslim. And this country is the country of muslims. We should not forget in our country which has 99 % of its population muslim that being an Islamic state is different and being an Islamic country is different. We have to understand this well and look in the future with this mentality.”
When he was in Washington in June 2005, in an interview with CNN International Erdogan said that there are no bans in use of turban in university but there exists the perception of a ban. He added ‘we act with patience in order to avoid tension in our country and we are saying that we have to have social consensus. See my daughters educate in the US. Here exists the mentality of freedom. But not in my country. I endure this pain only for the sake of not having any societal tension in my country… The consensus among the people does not exist among institutions… We need to act with patience. We will suffer some more time but I believe this or that way the rightfulness will prevail.”
At a luncheon that he had hosted iho EU Ambassadors in June 2005,in response to a question about religious minorities and status of Fener Greek Patriarchate and State Minister Aydin’s criticism on missionary activities, Erdogan said “this problem is not only faced by non-muslims in minority but muslims in majority as well. This issue is difficult for us too.” On turban he said “I personally live this problem. My wife has headscarf, she can wear it in the Prime Ministry residence but not there (by pointing the Presidency). A societal consensus could not be achieved on these issues yet.”
On his plane to the US in July 2005 he said “why are we dealing with turban issue. Let the women decide about it. See low cut is very fashionable in Turkey. They go to universities with trousers showing their bellies. Are we making any legislative arrangements on them?.. We want to create a distinction between state universities and private and foundation universities. Any girls wanting should be able to go to foundation or private universities with turban and get education… There is a social pressure not to send girls to school for this reason… The opposition resist allocating employment slots to mosques. Go to Anatolia many mosques do not have imams. Who will lead the people to do their namaz prayer?... If the gates of the universities were open, my daughters would have educated in Turkey… My son got stuck coefficient problem. The score he made was enough to enter Bogazici University but since he was a graduate of imam hatip school he could not get enrolled to university… Imam hatip’s history goes back to Ataturk. Imam is the person who meets the religious needs of the society, hatips are good speakers. Why do they object these schools I do not understand.”
In response to questions of participants of a conference at London School of Economics in September 2005, Erdogan said “England, although it is mainly a Christian country, employees with headscarf do work in public offices. However, in Turkey, where majority of people are Muslim people with headscarf cannot be employed at the public offices. Headscarf is an undisputable human rights… The moment we find consensus in parliament, we will solve it in parliament.”
In a joint press conference with PM of Thailand in November 2005, Erdogan evaluated the European Human Rights Court decision on turban ban and said “I want to ask the following question to those who made that decision, have you evaluated the laws in your country from the perspective of faith?.. What is the cover? Have they received an answer on this issue from those who are authorized on this subject?... Generalizing this issue is done with bad intentions.”
Prior to his departure for Qatar in November 2005, in his press conference at Esenboga airport, in response to a question on European Human Rights Court decision on turban, Erdogan said “My views are known… The decision should not be generalized, it is about a specific file… In which EU country can you find a practice that is in effect in Turkey which has 99 % muslim population.”
On the plane to Qatar, answering questions of journalists, Erdogan said “there is no such ban in the constitution. Only there is an interpretation of the constitutional court. If the legislative body issues a new law, the constitutional court will review it and its interpretation is not lasting. We can issue a law. But our desire is to solve the issue without causing social tension, within the perspective of freedoms.”
While meeting with representatives of Turks living in Australia in December 2005, when asked “when will turban problem end?” Erdogan said “there exists 80 % consensus among people but there is a need for institutional consensus and consensus in parliament. The moment we reach such consensus, we will solve this issue…. Otherwise there will be tension in the society.”
Meting with AKP Izmir, Buca organization in December 2005 Erdogan said “the adjectives that are allocated for Izmir from time to time are not correct. Izmir does not deserve this. With the permission of God, Izmir will throw away those adjectives… We have never believed in those remarks.” He urged the party organization to be patient on turban and other issues. He said “do not forget a healthy birth can only happen after 9 months 10 days. Do not fall in the provocations of some people.. Everything will proceed in a road map. No one can make the AKP act with emotions. We do not have that intention.”
Attending a meeting organized by European Movement in Denmark on alliance of civilizations, Erdogan said “this headscarf issue is an 8 year long process. Our girls cannot enter universities with their headscarves. This is limitation of freedom of religion and conscience and freedom of education… The European Human Rights Court has a decision on this issue. I am really surprised about this decision… I abide with the decisions of the European Human Rights Court but I do not find them right from the aspect of rights and freedoms… My daughter covers her head due to her faith, she should be respected for that… The court does not have the right to say anything on this issue. The right to say something is with the “ulema” (religious scholars). You will ask them… if there exists an instruction in religion. If there is, then you have to respect it.”
In Denizli Erdogan elaborated on “ulema” discussions and said ‘they are talking like ignorant people. They should open the dictionary and read what “ulema” means.
On the third anniversary of establishment of AKP women auxiliary, at a ceremony at Bilkent university, regarding Council of State (Danistay) decision Erdogan said “it is impossible to approve these injustices… Mentalities that lock women in private sphere and exclude them from public sphere and oppressionist mentalities cannot be civilized. We have some mishaps… there are some injustices..
In his opening remarks at the 6th AKP Consultative Meeting in March 2006, Erdogan said that since they come to power there has been improvements in the field of freedoms. He added “we are determined to eliminate all victimizations in the field of freedoms. No one should have doubt about it.”
While meeting with Turks in Berlin in May 2006, when a citizen said that her picture with headscarf was not accepted for passport, Erdogan said “my citizen enters the Embassy of Republic of Turkey with this clothing. I do not think that there exists a circular but I will look into it and with the permission of God, I will send an instruction here. If there exists such a circular it will be annulled.” He made the Ambassador of Republic of Turkey booed by the people.
At Mersin sub-provincial convention while evaluating the Danistay decision he said “these people will soon interfere inside of our houses… I am sorry… Everyone should know their place… We do not want tension. We are acting with patience but those who occupy the judicial positions should not exert efforts to prepare such grounds.”
At a breakfast with Yeni Safak writers in June 2005, Erdogan said “if we bury our cries inside us, it is because of a reason. We do not want tension, the price of a tension will be very high.”
While having breakfast with girl students at a dorm in September 2007, in response to a question of a student about turban, Erdogan said “my biggest wish is to have universities and a country where girls with and without turban walk hand in hand. We are working for that. It is my biggest affection.. Both of my sons could not enter universities they want due to the coefficient problem. Is this fair to me? My children are victims of coefficient. We have means so that they are educated abroad.”
PM Erdogan telephoned homes of two students who were said to be obstructed from taking their awards at essay contests In Adana’s Kozan town and in Rize because of their headscarves. The PM reportedly conveyed his regrets. He also gave instruction to open investigation about the public employees who did not allow these students. Right after this incident, Minister of Education Celik gave an award to a junior high school freshmen with turban and AKP Adiyaman deputy Husrev Kutlu had a picture taken with that student.
On his way to Lisbon to attend “2nd EU-Africa summit” on December 2007 he said “the difficulty of our girls to have education should be ended. Because of turban our girls cannot exercise their right of education.”
In Spain where he attended Forum of Alliance of Civilizations, at a breakfast hosted by Europa Press, he said in response to a question “you said symbols. In my party there exists women with turban, this is so in other parties as well. This is their political preference. They are told that they put on turban as a political symbol. Let us assume that she wears turban as a political symbol. Can you regard wearing it as a political symbol a crime? Can you introduce ban to symbols? Where exists such a ban in the world if you approach it from the perspective of freedoms?”
Upon arrival from Spain, at Esenboga airport Erdogan said “there is no need to wait for the new constitution, the solution is so simple. It can be solved with a sentence that we agree on. Our minds are so clear… If Turkey cannot solve this problem, then it means that it has problems regarding freedoms.”
At a meeting in January 2008 in Istanbul Umraniye by his party’s women auxiliary, reacting to institutions saying that freeing turban in universities would not comply with the principle of secularism, Erdogan said “they should not put in front of us the constitution constantly. We know the constitution as good as they do. No one can see himself above the legislative and executive body. The judiciary is not an office created with votes. Everyone should know their place.”
On February 9, 2008 in Germany when journalists asked “how he combines islam with EU process,” he said “no one has the right to ask muslims why they live their religion so well. No one has the right to implement such a defense against muslims.”
At a ceremony organized by Education Ministry, Erdogan said they attach great importance to vocational and technical education and said ‘as of next year the practice of coefficient that works for the disadvantage of vocational schools, will be lifted.”
Diyanet issued a regulation on November 24, 2003 allowing opening of Koran courses in summer and in the evening. Upon reactions Diyanet made changes in the regulation on December 23, 2003. PM Erdogan then gave the message that he was in favor of November arrangement
At a meeting organized by Unity Foundation in Istanbul Cevahir Hotel, regarding President’s vetoing the YOK law Erdogan said “we can issue this law again. However this has a cost. Are you ready to pay this cost? We are not. Because we had already paid some prices earlier… When the society is ready, necessary steps shall be taken.”
While addressing people in Nizip on January 23, Erdogan said that it is not acceptable to have different coefficient practice for regular junior high schools and imam hatips. On turban he said “they say that this is a political symbol. What does this mean, it has no relevance. “
At MUSIAD General Convention in April 2006 on “reactionary” movements, Erdogan said that first definition of “reactionary” should be made. He said “if reactionary means using religion for politics, then it is clear who uses religion as a tool in Turkey. However, if you talk about it in order to keep pious people out of politics, then this nation will not pardon you… In this country pious people do have right to do politics.”
At AKP’s parliamentary group on February 12, 2008 in reaction to Dogan media group that criticize the GOT, he said “their problem is not secularism, they make interest calculations. These are methods of cornering. You cannot get anything from us through threats. They do not want democracy but dictatorship.” In reaction to CHP leader Baykal, Erdogan said “he is showing the way to gallows. We are repeating the remarks of people who had faith in democracy. We have hit this road with that white sheet. We are ready to pay the price on this issue. We are comfortable.”
At his party’s provincial chairmen meeting on February 13, 2008 Erdogan said “we are the servants of the whole people of this country, not one certain sector… There is a group which has confidence in us and who trust us. Those people have waited as silent masses for years. They sent us here as interpreters of their language… They say that I am fierce, being fierce is an art of public speech.”
In an interview with ATV on February 17, 2008 Erdogan said “I am the representative of silent masses. See some people gather at squares. They are my citizens as well. There are some scenarios going on there. I watch them with patience. As a requirement of the office I am occupying. But if I position myself as a party of the tension, we can collect ten times bigger crowds in those squares… For five years we did not say anything about headscarf, we always said patience… The Religious Affairs Supreme Board in 1980 declared that muslim women should cover their heads in the way covering their hair, ears, neck and chest.”
After receiving members of Foundation Universities Union on February 28, 2008, while talking to some university administrators, Erdogan said “your Rectors are also members of Inter-university Board. There were some who undersigned the declaration. We expect more principled attitude. Why don’t you oppose the declaration?”
At a meeting organized in Usak by his party on March 7, 2008 when a citizen asked ‘are you going to issue amnesty?” Erdogan said “there is no amnesty. Those who commit crime shall be punished. The sate does not have the right to pardon the murderer. The inheritors of the victim have the right to pardon the murderer. It should be like that.”
In a live program with NTV about the Constitutional Court decision on Presidential election Erdogan said “this is unfortunate for judiciary, stain on its face.. Everything is done with bad intentions.”