10.2005 - Source: UK Home Office

National Security Council ("Country Report - October 2005") [#40563],  [ID 13230]

"5.19
As recorded in ‘Political Structure of Turkey’:

“The National Security Council consists of the Prime Minister, the Chief of the General Staff [the army], the Minister of National Defense, the Minister of Interior, the Minister of Foreign Affairs, the Commanders of the Army, Navy and the Air Force and the General Commander of the Gendarmerie. The NSC makes decisions related to the determination, establishment and application of national security policy. The Council of Ministers gives priority to National Security Council decisions where measures deemed necessary for the preservation of the existence and independence of the state, the integrity and indivisibility of the country and the peace and security of the society are concerned.” [36i] (Section on Executive)

5.20
The European Commission Turkey 2005 Progress Report noted that:

“Further changes have been introduced over the last year in order to align civilian control of the military with practice in EU Member States. As regards the duties, functioning and composition of the National Security Council (NSC), implementation of reforms adopted in previous years has begun. In October 2004 the NSC convened for the first time under the chairmanship of the new civilian Secretary General. This institution is currently composed of 7 civilian members and 5 military members. The Secretary General does not have the right to vote. The staff of the NSC Secretariat General decreased from 408 to 305 persons. As provided for under the reforms, the NSC meets every two months. The minutes of such meetings are not made public. However in practice, a brief press release has generally been given after each meeting. During the last year, subjects discussed included international and security issues such as Iraq and terrorism, Cyprus, energy issues and EU-Turkey relations.” [71e] (p12-13)

5.21
The EC 2005 report also stated that:

“The armed forces continue to exercise significant political influence. Individual military members of the NSC as well as other senior members of the armed forces have continued to regularly express their opinion on domestic and foreign policy issues via public speeches and press briefings. These statements concerned in particular Iraq, Cyprus, terrorism, the principle of secularism and EU-Turkey relations. In November 2004, the Deputy Chief of Staff made extensive comments on aspects of last year’s Regular Report. In March 2005, the General Staff issued an official statement reacting to incidents which took place at the occasion of the celebration of the Newroz (marking the beginning of the spring). In April 2005 at the headquarters of the Military Academies Command, the Chief of General Staff delivered a speech consisting of a comprehensive tour d’horizon on foreign policy and domestic issues.” [71e] (p14)

5.22
As noted in USSD 2004:

“The military exercises indirect influence over government policy and actions in the belief that it is the constitutional protector of the State…The Constitution prohibits the Government from issuing orders or recommendations concerning the exercise of judicial power; however, the Government and the National Security Council (NSC), an advisory body to the Government composed of civilian government leaders and senior military officers, periodically issued announcements or directives about threats to the State, which could be interpreted as general directions to the judiciary.” [5c] (Introduction & Section 1e)

5.23
According to the Turkish Daily News on 10 December 2003 the Turkish “Parliament’s General Assembly approved a proposal that lifts the secrecy requirements in National Security Council (MGK) regulations, appointments and personnel. The proposal rescinds Article 16 of the MGK Law, which says that MGK appointments cannot be published in the official gazette, as well as certain words in article 17.” [23i]"

Document(s): Open document

09.10.2002 - Source: European Commission

European Commission: The constitutional amendment introducing changes to the composition and the role of the National Security Council has been put in practice ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 13231]

"The constitutional amendment introducing changes to the composition and the role of the National Security Council has been put in practice. A draft law aimed at implementing this amendment is still pending before the Parliament. The number of civilians has increased from 5 to 9 compared with 5 military members. The National Security Council (NSC) is formally an advisory body. In practice its opinions carry more weight than mere recommendations and its military members are particularly influential. The National Security Council holds monthly meetings. After each meeting conclusions are made public through a press release. The NSC has issued opinions and recommendations on a number of governmental issues and policies, including emergency rule in the Southeast, the fight against terrorism, political and economic reforms relating to Turkey's compliance with the EU accession criteria, and Cyprus.
On 30 May 2002, the National Security Council recommended lifting the state of emergency in the provinces of Hakkari and Tunceli on 30 July. At the same time it recommended an extension of the state of emergency for Diyarbakir and Şirnak while indicating that the state of emergency in those provinces should be lifted by the end of the year. On various occasions throughout the year, military members of the National Security Council expressed their opinions about political, social and foreign policy matters in public speeches, statements to the media and declarations. They also played an active role in the debate about reforms to comply with the EU political criteria. They have been particularly active on issues such as cultural rights, education and broadcasting in languages other than Turkish.
The role of the NSC in the High Audio Visual Board has been strengthened as a result of the law on broadcasting (RTÜK), which was re-adopted by Parliament following a veto by the President and is currently pending before the Constitutional Court.
The Armed Forces enjoy a substantial degree of autonomy in establishing the defence budget. Details of the military budget have been made public via the press. There are still two extra-budgetary funds available to the military in spite of the efforts of the Government to close such funds and make such expenditure subject to normal budgetary procedures. The NSC has continued to be an important factor in domestic politics. The introduction of a civilian majority of members and the limitation to an advisory role, in line with the Accession Partnership priority, do not appear to have changed the way the NSC operates in practice. Although decisions are taken by majority, opinions of its military members continue to carry great weight."

Document(s): Open document

15.04.2002 - Source: Council of the European Union

National Security Council ("Note from the Netherlands delegation to CIREA: Official general report on Turkey, January 2002" Rf. 7838/02") [#7991],  [ID 13229]

"The National Security Council (in Turkish: Milli Güvenlik Kurulu, MGK for short) is an important
body within the Turkish system of government and derives its rationale from Article 118 of the
Turkish constitution, an article amended on 3 October 2001. Under the revised version of the
article, the Council is composed of the President (who chairs it), the Prime Minister, the
commander-in-chief of the armed forces, the Deputy Prime Ministers, the Ministers for Justice, for
Defence, for the Interior and for Foreign Affairs and the commanders of the army, air force, navy
and jandarma (gendarmerie) respectively. The participation of the Deputy Prime Ministers and
the Minister for Justice is a new feature under the constitutional amendment, leaving the MGK with
more civilian (nine) than military members (five), instead of equal numbers of each as in the past.
In January 2002 a bill was placed before parliament to put the amendment into practice in
secondary legislation as well.

If the subjects to be discussed at a Council meeting so require, others may also be invited to attend.
As a rule, the National Security Council holds an ordinary meeting in the presidential palace at the
end of each month. Extraordinary meetings may also be held as the situation dictates.
In accordance with the relevant article of the constitution, the task of the National Security Council
is to "submit to the Council of Ministers its views on the advisory decisions that are taken and
ensuring the necessary coordination with regard to the formulation, establishment and
implementation of the national security policy of the state". Before the constitution was amended
on 3 October 2001, the wording referred simply to "taking decisions" rather than "the advisory
decisions that are taken". Even after that constitutional amendment, the very broad wording
empowers the Council to extend its advisory role to virtually all affairs of state. In practice, the
Council appears to have made very extensive use of this legal scope and thus had a say in almost all
issues arising.

The article goes on to state that: "The Council of Ministers shall evaluate decisions of the National
Security Council concerning the measures that it deems necessary for the preservation of the
existence and independence of the state, the integrity and indivisibility of the country and the peace
and security of society". Before the constitution was amended in October 2001, "evaluate" used to
read " give priority consideration to". From this wording arose the practice that, when the Council
of Ministers first met after a National Security Council meeting, government members would
consider the subjects discussed at that meeting. It was also standard practice for the National
Security Council's opinions to be endorsed in full by the government. Where a vote in parliament
was required on an issue, too, the Council's opinion almost always resulted in the passing of an
appropriate motion. It cannot as yet be ascertained whether the above constitutional changes will
make any difference to that practice."

Document(s): Open document