Ankara court rules Gul must stand trial

By Delphine Strauss in Ankara

A Turkish court fuelled political tensions on Monday by ruling that Abdullah Gul, the president, should stand trial over a party funding case dating back to the ousting of an Islamist government in the 1990s.

The ruling, which can be overturned on appeal, coincides with renewed protests by secularist opponents of the ruling Justice and Development party (AKP), which has roots in political Islam.

Thousands marched in Ankara on Sunday in protest at an investigation that has seen hundreds of people, including many prominent government opponents, questioned over or charged with plotting violent attacks to destabilise the government. The march echoed the mass demonstrations organised in 2007 to protest at Mr Gul’s appointment to the presidency.

Monday’s judgment, which reverses an earlier ruling, says Mr Gul should stand trial and accuses him of aiding the embezzlement of party funds that should have been returned to the Treasury after the constitutional court closed down the overtly Islamist Welfare party in 1997.

Mr Gul was a senior figure in the Welfare party before leaving to help found the AKP. As a parliamentary deputy he enjoyed immunity from prosecution.

His position, as president, under the current constitution is less clear cut, although Hikmet Sami Turk, a former justice minister and constitutional expert, said on Monday that he should enjoy the same immunity as a deputy, and be subject to prosecution only after leaving office.

But the court in Ankara said: “Those who want the right of inviolability to be applied to the president should amend the constitution.”

The presidency said that Mr Gul had previously offered to waive his immunity and answer charges, that he had no involvement in the Welfare party’s financial affairs, and that it was “not well-intentioned” to try to present him as a suspect.

The ruling is likely to exacerbate an already bitter debate on the government’s attempt to relaunch constitutional reform, necessary to advance Turkey’s campaign to join the European Union.

The AKP narrowly avoided being shut down last year after the constitutional court found it guilty of anti-secular activities. Since then its relations with the powerful military have appeared more settled. But the party still inspires deep unease in some sections of society, which suspect it of pursuing an Islamist agenda, despite denials by ministers to the contrary.

Additional reporting by Funja Guler