VZCZCXYZ0012
RR RUEHWEB

DE RUEHAK #2854/01 1381251
ZNR UUUUU ZZH
R 181251Z MAY 06
FM AMEMBASSY ANKARA
TO RHEHAAA/NSC WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/SECSTATE WASHDC 5703
INFO RUEHIT/AMCONSUL ISTANBUL 0533

UNCLAS ANKARA 002854 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EFIN PTER KTFN TU
SUBJECT: JUSTICE MINISTER DEFENDS DEFINITION OF TERRORISM 
 
REF: ANKARA 2206 
 
This is an action request. See para 4. 
 
¶1. (SBU) Summary: In response to a letter from the Ambassador 
to Justice Minister Cicek expressing concern over the 
retention of Turkey's narrow definition of terrorism in draft 
anti-terror legislation (ref), a Justice Ministry letter 
argues that provisions in current Turkish law allows Turkey 
to meet its international commitments to cooperate in 
fighting terrorism.  Embassy requests Washington advise us on 
how to rebut these arguments with respect to how the 
unchanged definition affects Turkey's ability to comply with 
international obligations to cooperate in fighting terrorism, 
including financing of terrorism.  End Summary. 
 
---------------------------------- 
Ambassador Writes Justice Minister 
---------------------------------- 
 
¶2. (SBU)  In his April 28 letter to Minister Cicek, the 
Ambassador expressed concern about the retention of the 
current Turkey-specific definition of terrorism in the draft 
anti-terrorism law the government proposed to parliament in 
mid-April.  Particularly in view of the fact that Turkish 
government officials had previously told us that the the 
current definition was not adequate, the Ambassador's letter 
expressed the concern that Turkish law would continue to not 
define as crimes terrorism acts that did not directly target 
Turkish interests, as well as crimes predicated on such acts 
-- such as financing terrorist activity.  The Ambassador 
expressed the hope that the new legislation would include a 
definition that would facilitate international cooperation 
and specifically urged a broadening of the definition beyond 
attacks against the Turkish state and Turkish citizens. The 
Ambassador also raised the issue with MFA Under Secretary Ali 
Tuygan on May 5 and with the head and members of Parliament's 
Foreign Affairs Commission on May 18.  Neither had a 
substantive response. 
 
----------------------------------- 
Justice Minister Defends Definition 
----------------------------------- 
 
¶3. (SBU)  In a May 4 one-on-one lunch, the Ambassador 
discussed the issue directly with Cicek.  The Minister 
reiterated the importance of strong international cooperation 
against terrorism, but said current law addressed the 
concerns raised in the Ambassador's letter.  Claiming that 
terrorism cannot be fought through a single law, Cicek said 
that other laws relating to terrorism enable Turkey to 
cooperate internationally.  He noted that Turkey has signed 
twelve international treaties relating to counter-terrorism 
and that Article 90 of the Turkish Constitution assures that 
international treaties supersede domestic law.  Moreover, he 
said Article 13 of the revised Turkish Criminal Code enacted 
in June 2005 enables terrorist crimes committed abroad to be 
prosecuted and tried in Turkey and provides for extradition 
of terrorists. 
 
-------------- 
Action Request 
-------------- 
 
¶4. (SBU) ACTION REQUEST:  Cicek also reiterated the 
Government's justification for not changing the definition: 
that there is no international consensus on a definition of 
terrorism.  Given the lack of such a consensus, Turkey opted 
to list offenses that would be considered terrorism.  In a 
follow-up to that conversation, the Ambassador received on 
May 16 a letter from MOJ Director for International Relations 
Aykut Kilic laying out Cicek's arguments in writing.  Embassy 
requests that Washington legal experts review the letter and 
the draft legislation (emailed to EUR/SE) and advise on how 
best to counter these arguments.  In other words, to what 
extent does the USG consider Turkey's legal framework to be 
in compliance with Turkey's international commitments under 
UN counter-terrorism conventions, including FATF Special 
Recommendations on terrorism finance.  The Ambassador would 
be prepared to reply to the MOJ letter if we have 
sufficiently compelling arguments. 
 
---------------------------- 
Letter from Justice Ministry 
---------------------------- 
 
¶5. (SBU) On May 16, Embassy received the following letter 
signed by Justice Ministry Director General for International 
Law and Foreign Relations Judge Aykut Kilic. 
 
Begin Text: 
 
Mr. Ambassador, 
 
I thank you for your letter of 28 April 2006, addressed to 
H.E. Mr. Cemil Cicek, Minister of Justice, showing your 
sensitivity to combat terrorism.  Minister Cicek shared your 
sensitivity towards this scourge and instructed me to look 
through the points you raised. 
 
In your letter, it seems that you have certain hesitations 
that the new anti-terrorism law criminalizes terrorist 
attacks only if they are directed to the Turkish State or 
Turkish nationals and if they are committed in Turkey.  Your 
hesitation probably stems from the opinion that the 
"Anti-Terrorism Law" is the only legislation in Turkey in the 
field to combat terrorism. 
 
As is known, Turkey gives her unwavering support to all 
efforts on combating terrorism and with this understanding, 
has been one of the first countries which have ratified and 
has become party to all 12 United Nations Conventions and 
Protocols concerning terrorism as well as the Council of 
Europe Convention on Suppression of Terrorism.  However, the 
said Conventions do not give any definition for terrorism; 
rather they specify the offences which are deemed as 
terrorist acts.  As it is the case for the Anti-Terrorism 
Law, these Conventions have become part of domestic 
legislation in accordance with Article 90 of the Constitution 
providing that "International agreements duly put into effect 
bear the force of law."  Consequently, acts mentioned in 
these Conventions are also included in the Turkish 
legislation. 
 
Article 8 of the Turkish Criminal Code (TCC), which came into 
effect on 1 June 2005, requires an investigation or 
prosecution be carried out for the terrorist activities 
committed in Turkey.  If a terrorist act is committed abroad 
by a Turkish citizen and the perpetrator is located in 
Turkey, an investigation shall be carried out in Turkey 
pursuant to Articles 12 and 13 of the TCC.  Furthermore, if a 
terrorist act is committed abroad by foreign nationalities, 
the person located in Turkey shall be extradited in 
compliance with the provisions of multilateral or bilateral 
international agreements of which Turkey is a party and in 
their absence, in the context of "principle of reciprocity." 
A trial can be realized in accordance with the principle of 
"prosecute or extradite" as well as Article 13 of the TCC in 
cases where extradition is not possible. 
 
Having in mind that all the countries are obliged to take all 
necessary measures to prevent and suppress terrorism, Turkey 
strongly believes the necessity for an effective cooperation 
at the national, regional and international level in the 
fight against terrorism.  In this vein, Turkey has been 
taking necessary measures of security, economic and social as 
well as legal nature in order to foestall terrorist 
activities, eliminate its resources and prevent its damages. 
In elaborating the relevant legislation, Turkey, therefore, 
takes into account not only the provisions of international 
conventions but also the most recent developments in the 
comparative law. 
 
As unfortunate terrorist attacks toward the United States of 
America on 11 September 2001 and the following bombings in 
Madrid, Istanbul and London have shown us, terrorism is a 
common scourge which entails an intense and close 
international cooperation. 
 
Emphasizing that the perpetrators of terrorist acts, no 
matter wherever they take place, cannot be released without 
being punished or prosecuted, I would like to thank you, Mr. 
Ambassador, once again for the sensitivity you have shown in 
this matter.  I remain, 
 
End Text. 
 
Visit Ankara's Classified Web Site at 
http://www.state.sgov.gov/p/eur/ankara/ 
 
WILSON