Thursday 22 July 1999C 301/32 EN 18.10.1999 Official Journal of the European Communities
16. Underlines the importance of the presence of Mr Ibrahim Rugova in Kosovo, and calls on the ethnic
Albanian leaderships to put an end to the debilitating divisions among themselves in order to achieve theestablishment of stable, civil democracy in Kosovo with a view to general reconciliation and future newfree elections in the province;
17. Believes that no reconstruction aid should be given to Serbia as long as Mr Milosevic remains in
power, except for humanitarian aid, but calls for creative ways of supporting the political forces seeking tobring Yugoslavia into the community of democratic nations;
18. Stresses the importance of launching actions in favour of democratisation in all the countries of the
region, including FRY, especially at the local level, by developing cooperation between local authorities;wishes to make clear once again to the Government of Yugoslavia that the lifting of EU sanctions isdirectly linked to compliance with UN resolutions, including full cooperation with the International WarCrime Tribunal;
19. Calls on the Council to reiterate its support for the democratic government of Montenegro and its
President, Mr Djukanovic; underlines the legal position of Montenegro as a sovereign republic within theYugoslav Federation, and demands that the Serb authorities and the army of the Federal Republic ofYugoslavia respect the autonomy of Montenegro;
20. Calls on the Council and the Commission to provide compensation for the economic and financial
losses suffered because of the Kosovo war by the surrounding states, FYROM, Albania, Bulgaria,Romania and Bosnia-Herzegovina, and to take account of the special needs of Montenegro;
21. Urges the Commission and the Council furthermore to fully involve the countries of the region in
all aspects of the preparation and implementation of the Stability Pact for South-Eastern Europe; calls onthem to present rapidly to the European Parliament a proposal for a common strategy for Eastern Europein order to strengthen relations between the European Union and the countries of South-Eastern Europeand between the countries of the region;
22. Believes that the recent crisis also demonstrates the importance of speeding up preparations for the
enlargement of the Union;
23. Instructs its President to forward this resolution to the Council, the Commission, the UN, the UN
Interim Civil Administration in Kosovo, the President and Government of the Federal Republic ofYugoslavia, the Kosovo Transitional Council and the governments of Albania, Montenegro, the FormerYugoslav Republic of Macedonia, Bulgaria, Romania, Bosnia-Herzegovina and Croatia.
2. Death sentence on Mr O ¨calan
B5-0006, 0012, 0018, 0023 and 0026/99
Resolution on the death sentence on Mr O ¨calan and the future of the Kurdish question in Turkey
The European Parliament ,
− having regard to its previous resolutions on Turkey and the Kurdish question, in particular its
resolutions of 25 February 1999 (1) and 6 May 1999 (2),
− having regard to the report to the Parliamentary Assembly of the Council of Europe of the ad hoc
Committee to ensure the presence of the Assembly at the trial of Abdullah O ¨calan of 21 June 1999,
− having regard to the statement by the EU Presidency of 29 June 1999,
(1) OJ C 153, 1.6.1999, p. 39.
(2) Minutes of that sitting, Part II, Item 26(b).
Thursday 22 July 199918.10.1999 EN C 301/33 Official Journal of the European Communities
A. whereas the Court in Ankara has condemned Mr O ¨calan to death,
B. whereas an appeal has been lodged by Mr O ¨calan’s defence lawyers, and whereas, if this fails, the
Turkish Grand National Assembly would have to enact a law for the sentence to be carried out,
C. whereas Turkey has observed a de facto moratorium on capital punishment since 1984, and whereas
Turkish Government Ministers have stated in recent months that Turkey should abolish the deathpenalty,
D. whereas a draft law, aimed at reforming the penal code and abolishing capital punishment in
peace-time, is currently before the Judicial Committee of the Turkish Grand National Assembly,
E. whereas the Parliamentary Assembly of the Council of Europe’s ad hoc Committee noted that the
presence of a military judge in the State Security Court entailed a violation of the right to a fair trialand that a death sentence would be a serious matter of concern to the Parliamentary Assembly,
F. whereas all States applying to join the EU must fulfil the Copenhagen Criteria, which require
achievement of ‘stability of institutions guaranteeing democracy, the rule of law, human rights,respect for and promotion of minorities’, and whereas Turkey is a member of the Council of Europeand has signed the European Convention on Human Rights and the International Convention againstTorture,
G. whereas the fundamental rights of the Kurdish minority in Turkey are not respected,H. whereas the PKK has also used violence and terrorism as instruments of political action,I. whereas the Chairman of the Human Rights Association, Mr Akin Birdal, and the publisher
Mr Muzaffer Ilhan Erdost have been imprisoned pursuant to Article 8 of the anti-terrorism law,
1. Condemns Mr O ¨calan’s sentence and reiterates its firm opposition to the use of the death penalty;
2. Calls on the Turkish authorities not to carry out the death sentence;3. Expects the Supreme Court of Appeal to reverse the verdict against Mr O ¨calan as a violation of
Turkey’s international legal commitments under the European Convention on Human Rights;
4. Urges the Turkish Grand National Assembly to transform the current de facto moratorium on
executions into a formal abolition of the death penalty in Turkey;
5. Reiterates its call on the Turkish authorities to provide guarantees for the fair treatment of
Mr O¨calan;
6. Doubts the fairness of the trial against Mr O ¨calan because of the procedure used by the State Security
Court and emphasises that the trial of Mr O ¨calan involved a military judge for most of its duration and that
many Turkish citizens, Kurds and others, are in jail as a result of trials involving military judges;
7. Welcomes the steps which have been taken to bring the way that Turkish institutions operate into
line with common European practice, such as the recent revision of the Turkish Constitution regarding thecomposition of the Turkish State Security Courts;
8. Calls on Turkey to comply with any decision on the sentence against Mr O ¨calan taken by the
European Court of Human Rights;
9. Believes that the execution of Mr O ¨calan would have considerable implications for security and
stability in Europe and would be damaging for the process of integrating Turkey into the EU;
10. Calls on the Turkish Government to address the causes of the conflict in Turkey by finding a
solution which recognises the political, social and cultural rights of the Kurdish people and takes the viewthat, in this connection, the requisite democratic reforms must be carried out;
Thursday 22 July 1999C 301/34 EN 18.10.1999 Official Journal of the European Communities
11. Calls also on the PKK to put an end to violence and terrorism and to cooperate in the search for
peace in Turkey;
12. Reiterates its call on the Council and the Member States to take all the measures required to assist in
the promotion of a political solution to the Kurdish question in Turkey;
13. Instructs its President to forward this resolution to the Council, the Commission, the Turkish
Government, the Turkish Grand National Assembly, the Parliamentary Assembly of the Council ofEurope and the United Nations.
3. Private-sector appointment of Mr Bangemann
B5-0003, 0004, 0013 and 0021/99
Resolution on the appointment of Mr Martin Bangemann to a post in the private sector with the
‘Telefonica’ company
The European Parliament ,
− having regard to Article 213 of the EC Treaty,− having regard to the Code of Conduct on standards in public life announced by the Commission on
17 July 1999,
− having regard to the solemn undertaking given by Martin Bangemann on entering his duties as
Commissioner responsible for industrial affairs and information and telecommunications techno-logies that, both during and after his term of office, he would respect the obligations arising therefromand in particular his duty to behave with integrity and discretion as regards the acceptance, after heceased to hold office, of certain appointments or benefits,
− having regard to the statements made by the Commission and Council to Parliament on 21 July 1999,− having regard to the remarks on lack of personal responsibility in the first report of the Committee of
Independent Experts,
A. whereas on 1 July 1999, Commissioner Martin Bangemann announced his intention to resign so that
he could immediately take up a post in the telecommunications industry on the Board of Directors ofthe Spanish Telefonica company; whereas his conduct is to be deplored especially when seen againstthe background of the crisis that the institutions of the Union have recently experienced,
B. whereas Mr Bangemann had extensive official dealings with companies in the telecommunications
sector during his period of office,
C. whereas there is great public disquiet over the failings of the Santer Commission to respect standards
in public life, and great public concern over public officials who on leaving office take positions incompanies with which they have had official dealings; whereas the public interest needs to beprotected,
D. whereas the Commission should be at the forefront of maintaining and respecting standards in public
life,
1. Condemns the action taken by Mr Bangemann in taking up a post in a part of the private sector where
he had primary responsibility for Commission policy, without respecting the need for a ‘cooling-offperiod’ after leaving office; calls on Mr Bangemann to reverse his decision to take up a post withTelefonica;
2. Calls on all other outgoing members of the Santer Commission to respect voluntarily the new Code
of Conduct;