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DE RUEHAK #0185/01 0360951
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FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC 8689
INFO RUEHVI/AMEMBASSY VIENNA 1712
RUEHBS/AMEMBASSY BRUSSELS 7102
RUEHFR/AMEMBASSY PARIS 5468
RUEHCP/AMEMBASSY COPENHAGEN 0282
RUEHGB/AMEMBASSY BAGHDAD 1390
RUEHMD/AMEMBASSY MADRID 0454
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RUEHSW/AMEMBASSY BERN 0388
RUEHRL/AMEMBASSY BERLIN 4295
RUEHBS/USEU BRUSSELS

UNCLAS ANKARA 000185 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER PGOV TU
SUBJECT: TURKEY'S TERRORISM LAWS: MOJ AGREES TO REVIEW 
 
¶1.  (SBU) SUMMARY:  During January 2009 meeting in Washington, 
high-ranking officials of the Turkish Ministry of Justice (MOJ) 
agreed for the first time to conduct a comprehensive review of their 
legal framework for prosecuting terrorism activities.  They also 
expressed keen interest in the USG designation process for 
terrorists.  Turkey's willingness to thoroughly review its terrorism 
legislation is encouraging, but political constraints make the 
needed parliamentary actions problematic.  END SUMMARY. 
 
¶2.  (SBU) Between January 24-30,the U.S. Department of Justice's 
(DOJ) Resident Legal Advisor traveled to the United States with a 
delegation of officials from the Legislative Affairs Section of the 
Ministry of Justice (MOJ). Deputy Undersecretary Huseyin Yildirim 
headed the delegation, which also included Director General Kenan 
Ozdemir, Deputy Director General Yusuf Balo and Investigating Judge 
Zeki Yildirim.  During the week the group met with numerous relevant 
State Department and Department of Justice components. 
 
Anti-terrorism Law Discussed 
---------------------------- 
 
¶3.  (SBU)  During a four-hour meeting with DOJ National Security 
Division/Counterterrorism Section officials (NSD/CTS), which 
included a briefing by NCTC and DOD, the USG against raised concerns 
regarding the Turkey's narrow definition of terrorism.  (NOTE: Main 
terrorism provisions are set forth in Turkey's 1991 anti-terrorism 
law and in a 2005 provision in the Turkish Criminal Code.  The main 
elements prohibit acts by organizations which aim to change "the 
constitution, its political, legal, social, secular and economic 
system; damage the indivisible unity of the State within its 
territory and nation; or endanger the existence of the Turkish State 
and Republic."  Thus the focus of the laws is almost exclusively 
internal to Turkey.  END NOTE) 
 
¶4.  (SBU) In contrast with previous discussions on this topic, the 
MOJ officials did not attempt to defend their legal framework. 
Rather, the Deputy Undersecretary said that he would direct his 
staff to conduct a thorough review of the issue, solicit input from 
Turkey's terrorism prosecutors, and develop a strategy for improving 
the law, if appropriate. 
 
Designations 
------------ 
 
¶5.  (SBU) The delegation also expressed keen interest in the process 
by which the U.S. adds or deletes individuals and organizations from 
its terrorism designation lists.  During a briefing with State S/CT, 
which included a representative of the Designations Office, members 
of the delegation asked detailed and pointed questions about the 
designations process.  They had no specific examples to discuss, and 
were familiar with the U.N. list, but were eager to discuss U.S. 
methods of review and appeal. 
 
USG Next Steps 
-------------- 
 
¶6.  (SBU) In March 2009, a prosecutor from DOJ NSD/CTS who has been 
reviewing Turkey's counterterrorism legislation, and who 
participated in the meetings with the Turkish delegation, will 
travel to Ankara for further consultations with MOJ.  The delegation 
indicated an eagerness to continue their dialogue with her so it is 
hoped that by March the MOJ will be willing to set forth a concrete 
strategy for improving their laws. 
 
 
Comment 
------- 
 
¶7.  (SBU) For the first time, Turkish MOJ officials appear willing 
to concede that there might be a problem with their terrorism law as 
drafted, and have indicated a willingness to consider amending the 
law.  Although this process will not be quick or easy, it is 
encouraging that they have shown a willingness to cooperate on the 
issue, and seem anxious for our assistance.  Over the course of the 
next several months, the RLA, with the assistance of DOJ NSC/CTS and 
S/CT, will work with MOJ officials to further define the issue and 
prepare concrete solutions. 
 
¶8.  (SBU) While the willingness of the Turkish prosecutors to review 
and improve their terrorism legislation is encouraging, actually 
fixing it may be easier said than done.  First, while we initially 
hoped that "technical amendments" might be made to the law, Turkish 
laws are similar to U.S. laws in that any revision to their 
legislation must be made by the Parliament after due consideration. 
As the Turkish delegation pointed out, given Turkey's bid for EU 
accession, the scrutiny they face from human rights organizations 
makes any terrorism legislation subject to intense scrutiny and 
skepticism.  Thus while the MOJ may be willing and supportive of 
legislative changes, actually getting those changes through 
Parliament will not be easy. 
 
Jeffrey