VZCZCXYZ0005
RR RUEHWEB

DE RUEHAK #0197 0400450
ZNR UUUUU ZZH
R 090450Z FEB 09
FM AMEMBASSY ANKARA
TO RUEHC/SECSTATE WASHDC 8713
INFO RUEHVI/AMEMBASSY VIENNA 1714
RUEHBS/AMEMBASSY BRUSSELS 7109
RUEHFR/AMEMBASSY PARIS 5470
RUEHCP/AMEMBASSY COPENHAGEN 0284
RUEHGB/AMEMBASSY BAGHDAD 1396
RUEHMD/AMEMBASSY MADRID 0456
RUEHLO/AMEMBASSY LONDON 3281
RUEHSW/AMEMBASSY BERN 0390
RUEHRL/AMEMBASSY BERLIN 4297
RUEHBS/USEU BRUSSELS

UNCLAS ANKARA 000197 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER PGOV PHUM TU
SUBJECT: TURKEY: MINISTER OF JUSTICE SUPPORTS HIGH-LEVEL CT 
DIALOGUE, AGREES TO REVIEW CT LAWS 
 
REF: ANKARA 185 
 
¶1.  (SBU) SUMMARY:  Minister of Justice Mehmet Ali Sahin told the 
Ambassador February 6 he supports in principle the high-level CT 
dialogue proposed by Ambassador Dell Dailey during his November 
visit to Ankara.  Minister Sahin also agreed that MOJ should 
continue reviewing its counterterrorism laws and that its definition 
of terrorism should address international threats as well as those 
internal to Turkey.  Separately he noted the number of 301 cases 
appears to be dropping.  END SUMMARY. 
 
Anti-terrorism Law Discussed 
---------------------------- 
 
¶2.  (SBU) During a February 6 meeting with the Ambassador and 
Resident Legal Advisor Delaney, Minister of Justice Mehmet Sahin 
expressed support for continued cooperation between Turkey and the 
United States, particularly on counterterrorism.  Minister Sahin was 
aware of the U.S. study tour in January, headed by Deputy 
Undersecretary Huseyin Yildirim, and indicated that Yildirim had 
reported the trip to be very useful.  Turkey would continue 
reviewing its counterterrorism legislation, he stated, 
characterizing the current definition of terrorism as 
"inward-looking."  He looked forward to continued dialogue between 
members of his Ministry and experts from the United States.  (NOTE: 
As reported REFTEL, a Department of Justice Counterterrorism 
prosecutor who has been studying Turkish law will be traveling to 
Ankara in March to meet with members of the Legislative Affairs 
Section of the MOJ. END NOTE) 
 
High-Level CT Dialogue 
---------------------- 
 
¶3.  (SBU) Minister Sahin also expressed support for the high-level 
CT dialogue proposed by Ambassador Dell Dailey during his visit to 
Ankara in November 2008.  [NOTE: Amb. Dailey met with MOJ Deputy 
Undersecretary Aykut Kilic while in Ankara, but did not meet with 
Minister Sahin. END NOTE] 
 
301 Cases 
--------- 
 
¶4.  (SBU)  In response to a question by the Ambassador, Minister 
Sahin indicated that the number of Article 301 cases has been 
dropping since the law was changed to require that the Minister of 
Justice review cases.  In 2008, 100 applications were filed but he 
approved only 8 and he had not approved any 301 applications so far 
in 2009.  Pressed to describe his role, he said that his only 
responsibility is to review a given case against the provisions of 
the relevant EU guidelines on freedom of speech and expression. 
While these guidelines obviously come down heavily in favor of 
freedom of speech expressions they do provide exceptions.  He has to 
rule against prosecution/investigation unless he determines that the 
alleged act falls within one of the exceptions. 
 
Comment 
 
------- 
 
¶5.  (SBU)  We are encouraged by the positive tone of Sahin's 
remarks, and particularly by his acknowledgment that Turkey's 
current definition of terrorism is "inward-looking."  We will 
continue to work closely with his MOJ colleagues to address our 
concerns.  Minister Sahin appears to recognize the value of 
bilateral exchanges.  We should seek an opportunity to send Minister 
Sahin himself to the United States. 
JEFFREY