By IPS Correspondents
ISTANBUL, May 9 2008 (IPS)

Facing closure by the Constitutional Court, Turkey&#39s Islamic-rooted governing party has launched its formal defence, claiming that the case against the highly popular party and its leaders has no legal basis, and that it defends secularism despite charges that it plans to turn the country into an Islamic state.

In its 98-page statement to the high court, the party said the country would face a dangerous power vacuum if the party is shut down. Polling 47 percent of votes in the national elections last July, AKP has 339 deputies in the 550-member chamber, runs the executive branch, and has one of its founders in President Abdullah Gul, who is under indictment along with Prime Minister and party chairman Recep Tayyip Erdogan.

The Chief Prosecutor had asked in March that the party be shut down for becoming a "cove of anti-secular activities" and that Erdogan, Gul and 69 others be banned from politics for five years.

Dismissing the accusations as "irrational" and politically motivated, the party said: "It is a contradiction to accuse a party that has done all that is necessary for Turkey&#39s progress towards its European Union membership goal in line with the vision of Turkey&#39s founder (Mustafa Kemal) Ataturk of being the focal point of anti-secular activities."

The ruling party called its rebuttal a "response" to prosecution charges, rather than "defence", saying that it does not need any defence since it has done nothing illegal.

"If the judiciary takes upon itself to conduct the duties of political opposition and interferes in politics, democracy will be in danger," the party said in reference to claims that Turkey is in the midst of a "judicial coup" and on the road to a "regime by judges" in a "juristocracy".

The composition of the court could play a role in a guilty verdict. Eight of 11 judges have been appointed by previous, secular presidents, while seven votes suffice for a verdict. A decision is not expected before July.

For the time being, the AKP is shying away from other measures to prevent closure, such as introducing constitutional changes to avoid being shut down, a referendum, or even disbanding itself to form a new party for fresh elections that it could easily win again.

All such moves would have heightened tensions in the do-or-die battle between "Muslim moderates" as party members are portrayed, and "secular radicals" – chiefly the judiciary and the military who view themselves as guardians of secularism.

"I believe that for the first time, Turkey is in danger of being divided," said Mehmet Ali Birand, anchorman for the main news on Kanal D and a columnist for the largest daily Posta.

The motion to close down the ruling party came after it spearheaded constitutional changes lifting the ban on headscarves at universities. It defended the decision as a step towards freedom. The secularists on the other hand consider headscarves a symbol of political Islam and the first step in introducing religious values in public institutions. The constitutional changes lifting the ban are being considered by the high court separately following a petition by the secular main opposition Peoples Republic Party (CHP).

The closure case is likely to have an impact on Turkey&#39s difficult accession talks to become the first Muslim member of the EU. Enlargement Commissioner Olli Rehn, in Turkey for talks on the status of accession talks, warned of "negative consequences" if the party is shut down. The EU&#39s view, also used as an argument by the ruling party, is that political parties can be closed only if they espouse violent overthrow of a democratic regime.

Pending the high court&#39s ruling, national debate is growing on the very nature of secularism. Until the AKP swept to power in 2002, it meant strict separation of state and religion. While that continues in many ways, the AKP is seen as chipping away at established norms.

Alcohol consumption is being banned in some public places and new permits for sale of alcoholic beverages are not as easy to obtain. The number of young girls wearing headscarves is on the rise, even if the scarves are flashy and colourful. The wives of both Erdogan and Gul wear headscarves, a first for the spouses of both the President and the Prime Minister (their receptions are boycotted by the secular establishment, including the military).

The Constitution has an overriding clause that the secular nature of the republic cannot change – and cannot even be proposed for change. "They (the ruling party) know they can&#39t change secularism," human resources executive Gulsun Zeytinoglu told IPS. "Instead, they are trying to re-define secularism to incorporate their religious values into public life."

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