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DE RUEHAK #1373 2121649
ZNR UUUUU ZZH
O 301649Z JUL 08
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7006
INFO RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHIT/AMCONSUL ISTANBUL 4541
RUEAIIA/CIA WASHDC
RUEKJCS/JOINT STAFF WASHDC//J-3/J-5//
RHEHAAA/NSC WASHDC
RUEKJCS/SECDEF WASHDC
RUEUITH/TLO ANKARA TU
RUEUITH/ODC ANKARA TU

UNCLAS ANKARA 001373 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KDEM TU
SUBJECT: TURKEY'S RULING PARTY FINED BUT NOT CLOSED BY 
CONSTITUTIONAL COURT 
 
REF: A. ANKARA 1342 
     ¶B. ANKARA 1310 
 
¶1. (U) In a six to five vote, Turkey's Constitutional Court 
decided July 30 not to close the ruling Justice and 
Development Party (AKP), ending weeks of uncertainty and 
speculation about Turkey's political future.  While six 
judges voted for closure, the constitution requires that at 
least seven judges vote in favor of banning for a party to be 
closed.  Four justices voted to withhold state funds, and one 
judge supported neither closure nor a fine.  Falling short of 
a closure vote, the 11-member Court agreed instead to halve 
AKP's state funding, worth approximately $58 million - a mild 
penalty for a party with AKP's resources. 
 
¶2. (U) Under this ruling, President Gul will continue in 
office and PM Erdogan and his government will remain in 
place.  None of the 71 AKP members at risk of being banned, 
including Erdogan, Gul and five ministers, will be banned. 
Chief Justice Kilic stated it is "out of the question" any 
party members would be banned, given the decision not to 
close the party.  Kilic said the Court will issue a detailed 
verdict soon.  The ruling takes effect once the Court's legal 
reasoning is published in the Official Gazette. 
 
¶3. (U) The Court's decision comes in record time; previous 
closure cases have required at least two weeks of 
deliberations.  Kilic noted the judges agreed the case should 
be finalized as quickly as possible, adding they had reviewed 
the case carefully, with full awareness of its significance. 
The outcome short of closure will send a cautionary message 
to AKP members without prolonging the uncertainty that has 
preoccupied the country since the case was filed in March. 
In announcing the verdict, Chief Justice Kilic said he hopes 
AKP will "draw the necessary lessons" from the decision, 
which he called a serious warning to the party.  He appealed 
to political leaders to implement constitutional and legal 
reforms to bring Turkey's political party laws into 
conformance with Western standards, adding that such measures 
should have been taken sooner.  Kilic urged all sectors to 
reduce the tension that has gripped the country. 
 
Visit Ankara's Classified Web Site at 
http://www.intelink.sgov.gov/wiki/Portal:Turk ey 
 
WILSON