Cablegate: Erbakan's Human Rights Agenda

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------------------8E38AF 101611Z /38
P 101547Z JAN 97
FM AMEMBASSY ANKARA
TO SECSTATE WASHDC PRIORITY 0691
INFO AMCONSUL ISTANBUL
AMCONSUL ADANA
AMCONSUL STRASBOURG
ALL EUROPEAN UNION POST COLLECTIVE

UNCLAS ANKARA 000350

SIPDIS

DEPT FOR DRL AND EUR/SE

E.O. 12958: DECL: N/A
TAGS: PHUM PREL PGOV TU
SUBJECT: ERBAKAN'S HUMAN RIGHTS AGENDA

REF: A) ANKARA 306 (NOTAL) B) 96 ANKARA 12736

- C) 96 ANKARA 13404

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1. DURING THE COURSE OF A JANUARY 9 MEETING (REF A), PRIME
MINISTER ERBAKAN PRESENTED THE AMBASSADOR WITH THE FOLLOWING
LIST OF HUMAN RIGHTS ACCOMPLISHMENTS AND INITIATIVES THAT HIS
GOVERNMENT IS WORKING ON:

BEGIN TEXT.

A. NECESSARY STEPS TO REMOVE TENSIONS IN THE PRISONS HAVE BEEN
TAKEN.

B. IN ORDER TO EXPEDITE CASES BEFORE THE STATE SECURITY COURTS,
A DRAFT LAW REORGANIZING THE COURTS WAS PRESENTED TO AND PASSED
BY THE PARLIAMENT.

C. A DRAFT LAW REDUCING PRE-TRIAL DETENTION PERIODS TO (7 PLUS 3
DAYS) IN CASES BEFORE STATE SECURITY COURTS, AND (4 PLUS 3 DAYS)
IN OTHER COURTS HAS BEEN CLEARED BY THE RELEVANT PARLIAMENTARY
COMMITTEE AND IS NOW ON THE PARLIAMENT'S AGENDA. (NOTE: THE
EXTRA 3 DAYS EXTENSION OF PRE-TRIAL DETENTION CAN ONLY BE GRANTED
BY A JUDGE.)

D. THE DECISION TO REMOVE FROM THE JURISDICTION OF STATE
SECURITY COURTS THOUGHT CRIMES (NOTE: FREEDOM OF EXPRESSION
CRIMES), THAT DO NOT THREATEN THE STATE WAS PASSED BY THE
RELEVANT PARLIAMENTARY COMMITTEE AND IS NOW ON THE PARLIAMENT'S
AGENDA.
E. A DRAFT PROPOSAL TO AMEND THE CIVIL SERVANTS TRIAL LAW TO
INCLUDE RELIGIOUS OFFICIALS IS ON THE PARLIAMENTARY AGENDA.

F. AN AGREEMENT-IN-PRINCIPLE FOR TURKISH CITIZENS LIVING ABROAD
TO VOTE OVERSEAS HAS BEEN REACHED; THE NECESSARY STEPS TO CHANGE
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THE APPROPRIATE ELECTION LAW HAVE BEEN INITIATED.

G. EFFORTS HAVE BEGUN ON A LAW TO RESTORE PARENTAL RIGHTS TO
TURKISH WORKERS IN GERMANY.

H. A DRAFT LAW WAS SENT TO PARLIAMENT ESTABLISHING A FOREIGN
AFFAIRS DIRECTORATE GENERAL WITHIN THE JUSTICE MINISTRY, IN ORDER
TO FOLLOW UP ON COUNCIL OF EUROPE HUMAN RIGHTS CASES AND JUDICIAL
ASSISTANCE AGREEMENTS.

I. A DRAFT LAW IS BEING PREPARED FOR THE ESTABLISHMENT OF A
"JUDICIAL POLICE" FORCE.

J. A DRAFT LAW FOR THE ESTABLISHMENT OF A HUMAN RIGHTS
UNDERSECRETARIAT WAS SENT TO PARLIAMENT AND AWAITS SIGNATURE.

ADDITIONALLY, THE FOLLOWING INITIATIVES ARE UNDERWAY:

-- A DECREE LIFTING HUMILIATING RESTRICTIONS ON HEADCOVERING
AWAITS SIGNATURE.

-- AN AMENDMENT CHANGING THE LAW SO AS TO ALLOW THE MAKING OF THE
HAJ OVERLAND IS UNDERWAY.

-- A DECREE LIFTING RESTRICTIONS AGAINST GATHERING THE SKINS FROM
SACRIFICED SHEEP IS UNDERWAY. (NOTE: SINCE ATATURK'S TIME, THE
SKINS OF SACRIFICED SHEEP ARE COLLECTED AND SOLD BY THE TURKISH
CIVIL AVIATION AUTHORITY, WITH THE PROCEEDS BEING USED FOR CIVIL
AVIATION IMPROVEMENTS. A PORTION OF THE SIZABLE PROCEEDS IS ALSO
DISTRIBUTED TO ORPHANAGES.)

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END TEXT.

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COMMENT
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2. MANY OF ERBAKAN'S PROPOSED HUMAN RIGHTS
AMENDMENTS/INITIATIVES, INCLUDING CHANGES IN PRE-TRIAL DETENTION,
REORGANIZATION OF THE STATE SECURITY COURTS, CREATION OF A HUMAN
RIGHTS UNDERSECRETARIAT WITH A NEW MINISTER, AND THE
DECRIMINALIZATION OF SOME FREEDOM OF EXPRESSION OFFENSES HAD
ALREADY BEEN ANNOUNCED BY DEPUTY PRIME MINISTER CILLER ON OCTOBER
17, 1996 (REFS B AND C). SOME OF THE PM'S PROPOSALS, SUCH AS THE ONE
PERTAINING TO THE USE OF SKIN FROM SACRIFICED SHEEP, AND THE
FREEDOM TO WEAR HEADGEAR ARE MORE OF INTEREST TO HIS ISLAMIST
SUPPORTERS. END COMMENT.

GROSSMAN

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