EN Official Journal of the European Union CE 88/47

(2004/C 88 E/0050)

WRITTEN QUESTION E-1848/03

by Luigi Vinci (GUE/NGL) to the Commission

(3 June 2003)

Subject: Investigation into the chairman of the Diyarbakir Human Rights Association

On 18 May 2003 the author of this question was informed that the Turkish State Security Tribunal had recently begun investigating the lawyer Selahattin Demirtaþ (the chairman of the Diyarbakir Human Rights Association) on the grounds that he is a supporter of the KADEK party (the former PKK).

The Republic of Diyarbakir Public Prosecutor considered that the charges should be dropped and he proposed that the case be closed for lack of evidence or proof. However, the State Security Tribunal took the view that the case should proceed.

On 27 April of this year the author of this question met the lawyer Selahattin Demirtaþ in Diyarbakir, two days after attending the second hearing of the new trial (which is still going on) involving Leyla Zana and three other Kurdish MPs who have been in prison since 1995. On that occasion, Selahattin Demirtaþ described to me to appalling situation in south-east Turkey, which is still subjected to all manner of brutality on the part of the Turkish security forces and where there is the threat of a further uprising on the part of the Kurdish people. The author of this question was asked to convey a request for the European Union to take firm action vis-à-vis Turkey, so that the threat of another war in south-east Turkey can be warded off through compliance with the Copenhagen criteria.

It therefore seems clear from this most recent episode (as from countless others which have occurred in recent weeks) that many Turkish magistrates are actively boycotting the current government's attempts to democratise the country.

In view of the above, will the Commission say what action it intends to take in order to enable the Turkish Government to put a stop to the magistrates' bullying of human rights associations? Does it not consider that, without a process of genuine democratisation, Turkey will fail in its attempts to join the European Union?

Answer given by Mr Verheugen on behalf of the Commission

(14 July 2003)

The Commission is aware of the situation regarding the Chairperson of the Diyarbakir Human Rights Association, Mr Selahattin Demirtaþ, who was accused under Article 169 of the Turkish Penal Code of ‘aiding and abetting an illegal organisation’. The Commission has been informed that on 14 May 2003 the State Security Court Prosecutor decided to ‘discontinue the proceedings’ of the case, and that legal proceedings are therefore not currently being launched against Mr Demirtaþ.

The Commission is also aware of the more general problems concerning the implementation of reforms in the area of the freedom of expression, freedom of association and the judiciary. The recently adopted revised Accession Partnership with Turkey (1) set out the priority areas with respect to these concerns. These priorities include the need to remedy the situation of those persons prosecuted or sentenced for non-violent expression of opinion, and to pursue and implement reforms concerning the freedom of association and peaceful assembly.

With regard to the judiciary, Turkey is asked to strengthen the independence and efficiency of the judiciary and to promote the consistent interpretation of legal provisions related to human rights and fundamental freedoms in line with the European Convention on Human Rights; to take measures with a view to ensuring that the obligation for all judicial authorities to take into account the case law of the European Court of Human Rights is respected; to align the functioning of State Security Courts with European standards; and to prepare the establishment of intermediate courts of appeal. More generally, Turkey is asked to guarantee in law and in practice the full enjoyment of human rights and fundamental freedoms by all individuals without discrimination.

In the particular case of the South East, Turkey is asked to intensify efforts to develop a comprehensive approach to reduce regional disparities, and in particular to improve the situation in the South East, with a view to enhancing economic, social and cultural opportunities for all citizens. In this context, the return of internally displaced persons to their original settlements should be supported and speeded up.

As a EU Candidate Country, Turkey aims to fulfil the Copenhagen political criteria which include the need to implement reforms in the areas of the judiciary, the freedom of expression and the freedom of association. The Commission will continue to monitor the situation with respect to these and other areas related to the democratisation process in Turkey. The Commission will give its assessment of the situation in Turkey regarding human rights in its forthcoming Regular Report.

(1) OJ L 145, 12.6.2003.