January 13, 2017•Update: January 14, 2017
By Ilker Girit
ANKARA
Lawmakers on Friday adopted the ninth and tenth articles of a new constitutional reform package that regulates criminal liabilities for the president and top officials.
The Turkish Grand National Assembly will need an absolute majority to investigate alleged crimes by the president, vice president or Cabinet. The ninth article was endorsed by 343 MPs, while the tenth was approved by 343 of 550 lawmakers.
Both articles require lawmakers to discuss the proposal within one month and a decision to launch an inquiry must be met by 330 MPs -- three-fifths of the assembly -- in a secret ballot.
An inquiry would be conducted by a commission of 15 MPs, consisting of members of the political parties in the assembly.
The commission would submit a report with the outcome of the inquiry to the presidency of the assembly within two months. If the inquiry cannot be completed within that period, a new and definite period of one month is given to the commission, articles 9 and 10 read.
An inquiry report shall be distributed to lawmakers within 10 days from the date it is given to the presidency and will be discussed in the general assembly within 10 days following its distribution.
Parliament may decide to send the president, the vice president or officials to the Supreme Criminal Tribunal with a vote by 367 MPs -- two-thirds of the assembly -- in a secret ballot.
The trial at the Supreme Criminal Tribunal shall be completed within three months. If it can not be completed within that time-frame, a three-month additional period shall be granted for one time, the article states.
The duty of those would end if he or she is condemned for a crime that prevents the individual from being elected.
Article 9 also adds that the president can not make an election decision during the inquiry process. While the tenth article says the establishment, abolition, tasks and authorities of the ministries shall be regulated by presidential decree.
It also states that the vice president and ministers would be appointed by the president from among qualified candidates, and would be subject to removal by the president.
Once elected, the president may appoint more than one vice-president, the article adds.
In secret ballots Friday, 137 MPs rejected the ninth article while 135 opposed Article 10.
It was the fifth day since the debate on the constitutional reforms began in parliament. Eight more amendments proposed by the AK Party will be voted on.
The process will likely be followed by a referendum in which the option of replacing Turkey’s parliamentary system with a presidential model will be put to the electorate.
President Recep Tayyip Erdogan and his supporters have argued that Turkey needs a strong presidency to avoid weak governance and allow the country to successfully tackle a number of challenges, including terror attacks from Daesh, the PKK and the Fetullah Terrorist Organization (FETO).
Opponents claim it will weaken democratic checks and lead to increased authoritarianism.
To reach a referendum, the proposed changes must first be passed by 330 deputies. If it gets the support of 367 lawmakers it could pass into law without a referendum, although the ruling AK Party said it would hold a popular vote regardless.
A simple majority must agree to the changes in a referendum.
The AK Party has 316 seats and Erdogan hopes the support of the opposition Nationalist Movement Party (MHP), which has 39 seats and last month agreed to back the package, will be enough to secure a referendum.
Other parties -- the Republican People's Party (CHP), with 133 seats, and the Peoples’ Democratic Party (HDP), with 59 deputies -- remain opposed to a presidential system. Two independent deputies are split over support for the amendments.
Among the changes are plans for an elected president to form a government independently of parliament and for the role of prime minister -- typically the person leading the largest parliamentary party -- to be abandoned.
Parliamentary and presidential elections would be held on the same day every five years, instead of the current four yesrs for the parliamentary vote.
The president would be limited to two terms in office but would not be required to leave his or her political party.
When elected president in August 2014, Erdogan had to resign as AK Party leader due to the supposedly apolitical nature of the post.
