University Presidents Against PM Erdogan's Candidacy for President

The following are excerpts from the statement issued by the Committee of University Presidents, as reported by the mainstream secular Turkish daily Milliyet:[1] "[…] The Committee of University Presidents [including representatives of] of 53 state universities and 25 private universities, unanimously signed the statement which was read out by Higher Education Council (YOK) President Erdogan Tezic, a professor of constitutional law. The statement emphasized that the presidential candidates must be without a criminal record and [free of] accusations that could cast doubt on their suitability.[2] It read: 'The constitution requires the candidates to accept - and identify with - the fundamental and immutable principles of the republic, most notably [the principles of] secularism, modernism and science […]'

"Professor Tezic stated that it was necessary for the president to be impartial, since he represents the republic and the unity of the Turkish nation, saying, 'it is the responsibility and duty of the president to preserve the balance and harmony between the various constitutional institutions, and this duty undoubtedly requires impartiality. An impartial president guarantees [the stability] of our political regime.' The statement pointed out that, unlike the oath taken by MPs, the oath take by the president emphasizes his impartiality.

"The statement [also] said that the 2002 elections had failed to produce fair results, and had created a 'weakness in representation,' with 45% of the valid votes not finding any representation in the parliament.[3] It is therefore imperative that the presidential candidate be [elected] by national consensus. If a consensus cannot be reached... the solution [suggested by the] constitution is to go to the people and have an early parliamentary election. In order to prevent tensions, we all have a duty to agree on a secular, modern candidate who believes in scientific thought, in democracy and in the rule of law.

"Tezic, who received a standing ovation... also said that at least two thirds of all the MPs... must be present for the first and second rounds of the presidential election, saying 'if the parliament held [the first round] with less than 367 members present, this would be unconstitutional.'"

Sabah Columnist: "Do Not Underestimate the YOK Statement"

Columnist Yilmaz Ozdil of the centrist, secular Turkish daily Sabah wrote:[4] "Tomorrow is the anniversary of the establishment of the modern republic's legal system, 83 years ago… when the [religious Islamic] qadis were replaced by [modern] judges… Two days ago, [the representatives of] every single one of our universities... without exception, signed their names to the YOK statement.

"Among the critical warnings [included] in the statement, there was one that said, 'When the parliament speaker opens the presidential election session, 367 MPs in addition to the speaker must be present… otherwise it is contrary to the constitution.'

"You [Islamists] may object to this, you can call it baseless, you can ignore it, and you can choose to ask the 'ulema' [about it] […], yet the fact of the matter is that, if there are less that 367 [members] present, the CHP will go straight to the High Constitutional Court – as they have been [threatening to do] for a long time.

"When a case goes to court, the court asks for an expert opinion. YOK's statement is that expert opinion.

"Read once again the list of university presidents, who are all in total agreement, and remember that the president of YOK is a professor of constitutional law. [Therefore,] it would be a mistake to underestimate this statement."

Milliyet Columnist: The Elections Controversy Will Be Settled by the Court

Columnist Mehmet Ali Birand of Milliyet and of the Turkish Daily News wrote:[5] "The YOK statement has increased tensions even more. YOK's support of the view that the presidential elections cannot be held unless 367 MPs are present means that the ties between the AKP and YOK have been severed completely. YOK has never before issued such a harsh statement.

"Then there is the upcoming April 14 demonstration, which will cause much turmoil. Hundreds of thousands of people [including university professors in their academic gowns] will march in Ankara.[6] Tensions are running high; the struggle between the secular circles and the AKP is intensifying. […] There is widespread resistance against Erdogan.

"If the prime minister submits his candidacy for the presidency, it is obvious how things will develop. The parliament [session] will be opened, votes will be cast, and Erdogan will be elected.

"Then, the [CHP] will take the matter to the High Constitutional Court. A period of uncertainty will follow, until the high court makes its decision.

"YOK is not just an NGO or a handful of professors, [but a constitutional body]. If all 78 university presidents […] come together and issue a statement, it is a significant development. […] It is their natural [right] to state their opinions on the approaching presidential elections. This is usual practice in democracies. The professors have done nothing wrong by declaring their opinions; on the contrary – they have contributed to democracy."

Parliamentary Speaker Arinc Dismisses the '367 Controversy' as a 'Grave Mistake'

Zaman, the daily affiliated with the Islamist Fethullah Gulen Community, reported:[7] "In a March 8, 2007 discussion about the presidential election on Haberturk TV, Parliament Speaker Bulent Arinc of the AKP said that it was a grave mistake to argue that 367 lawmakers needed to be present in parliament in order to vote in the next president. Sabih Kanadoglu, former president of the Supreme Court of Appeals [Yargitay] had asserted earlier [in the program] that, according to the constitution, at least 367 deputies had to be present for the vote. […] Arinc [replied] that, according to the constitution, every election [held] in parliament had different requirements in terms of the minimum number of MPs that need to be present. […] He demanded to know why nobody until today had ever challenged the number of MPs required to be present in any of the parliamentary votes, although the AKP had changed more than 40 articles of the constitution during its four years in power. 'The reason is,' he said, 'that the requirement for one-third [of the MPs to be present] during a parliamentary session had [always] been met. Until now, all sessions were held with at least 184 deputies.'[…]" Based on this, Arinc argued that even the presence of only one third (i.e., 184) of the MPs would be enough for the first round of the presidential vote.

CHP MP Haluk Koc said in response: "Any attempt to impose a president on the country without a consensus is tantamount to a civilian coup d'etat. […] Article 102 of the constitution is very clear. The minimum requirement is for 367 [MPs]. It is up to the speaker [to decide] whether to insist on that number or not. The CHP will do what the law demands, and the Constitutional Court will have the last say."

Koc also expressed his hope that none of the non-AKP members of parliament would take it upon themselves to play a role in Erdogan's accession to the presidency.[8]

Chief Justice Tulay Tugcu: "The Court Would Decide Within Three Days"

In an interview with the secular, center-left Turkish daily Radikal, Chief Justice Tulay Tugcu of the High Constitutional Court said:[9] "If there are less than 367 MPs present for the first round of the presidential election, and the matter is brought before [the court,] [the court] would have to render its decision within three days – before the second round of voting."