By Yusuf KANLI
TDN- I have to confess that while I always believed that the verdict of the court should not be prejudged and in many private assessments I kept on stressing that a Constitutional Court decision depriving the ruling Justice and Development Party, or AKP, from Treasury assistance amounting to tens of millions of dollars would be a verdict in Turkey`s best interest, like most people in this country - including the top brass of the AKP - and Turkey watchers abroad I always believed that a closure decision was not most likely, but almost for sure.

Why? One reason was the composition of the 11-member Constitutional Court - that is the nine to two overwhelming "secularist" dominance - and the past closure verdicts the court issued against the forefathers of the AKP, that is the former Islamist parties, as well as the "quorum in presidential voting session in Parliament is presence of at least 367 deputies" decision and the latest court ruling on a set of constitutional amendments aimed at "liberalizing" turban or Islamist headgear in universities.

The court`s verdict depriving the AKP partially of Treasury assistance, condemning it of becoming a focus of Islamist activities but stopping just razor thin short of closing down the ruling party proved that we were all wrong, biased and prejudiced. The court told all of us that there was a middle way not as grave as a closure decision and not as light as an acquittal decision but sufficiently strong in warning the AKP that it should moderate itself or otherwise it might not have a second chance.

"There is no closure, but we have issued the AKP a very strong warning," said Ha_im Kylyç, the presiding judge of the court, in disclosing the verdict Wednesday afternoon. The words of Kylyç - the sole member who voted against the charge that the AKP has become a focus of Islamist activities - must be taken very seriously by the AKP and Prime Minister Recep Tayyip Erdodan.

A criminal:

From now on life will be even more difficult for the AKP and Erdodan as we now have a 10 to one court verdict condemning the AKP of being a focus of anti-secular Islamist activities. Yes, the AKP was not closed down, but it was condemned by the highest court of the country and there could be no appeal against the verdict of that highest court. From now on the AKP has a criminal record on which it is written with bold letters that it was condemned of being a focus of anti-secular Islamist activities.

Bearing that sentence in mind the AKP now has to demonstrate that it indeed got the message the court issued and start moderating itself by giving up the post July 22 majority obsession, lending an ear to what the opposition says and try to understand sentiments of the secularists. Thus the AKP and the prime minister must try to soothe tensions rather than refusing to acknowledge his and the AKP`s share in the alarming level of polarization Turkey has been surfing in for some time.

For example, the prime minister must swiftly act now to conform with the local and international court rulings regarding compulsory religious education in Turkish schools, realize the pain of non-Sunnis as well as non-Muslims because of compulsory Muslim Sunni indoctrination at our secondary schools.

A call for reform:

The AKP and Erdodan must understand that the Constitutional Court underlined in all clarity that the arrogant "What if turban is a political symbol" approach undermining secularist concerns and ignoring reform demands in all other areas except enhancing religious freedoms did no good to anyone.

Furthermore, the Constitutional Court and its presiding judge stressed in very clear terms that headed by clauses allowing party closures, the "political authority" with the governing and opposition wings must assume their responsibility and achieve the required reforms otherwise should not cry when those clauses are applied on them one day.

Will Erdodan now think of amending the laws governing political parties and elections? Will he consider making amendments in articles 68 and 69 of the Constitution and make clear conformity with the Venice criteria that no party can be closed down by the court unless it was involved in violence?

Has the AKP received the message or will it insist on writing, for example, a constitution to its liking and imposing it on the nation as a civilian constitution rather than collaborating with the opposition in Parliament as well as those outside the legislature, NGOs, academia, media and prominent intellectuals of the society and produce a new national charter based on a consensus?

After the AKP was saved from the gallows on Wednesday, after a one-month delay Parliament finally went into summer recess yesterday. This recess period hopefully will allow everyone to recollect their thoughts.

(Yusuf Kanly can be contacted at [email protected] or [email protected])