WRITTEN QUESTION E-3016/01

by Feleknas Uca (GUE/NGL) to the Commission

(29 October 2001)

Subject: Amendments to the Turkish Constitution

With the support of a large majority of its members, the Turkish National Assembly has adopted amendments to the Constitution that was imposed by the armed forces in 1982. The reformed Constitution enshrines the equality of women and men, makes it more difficult to ban political parties, and also permits Kurdish-language radio and television broadcasts, books and newspapers. Individual broadcasts can however still be banned for reasons of national security. The generals' influence on politics is to be curtailed, as the National Security Council's decisions should in future only be of a recommendatory character. The death penalty has not been completely abolished, merely restricted, i.e. terrorists and war criminals can still be sentenced to death.

What is the Commission's view of the amendments to the Turkish Constitution?

Does the constitutional reform meet the expectations of the Commission?

What consequences will the Turkish constitutional reform have for the accession process?

Answer given by Mr Verheugen on behalf of the Commission

(13 December 2001)

The Commission welcomes the adoption of the constitutional reform package by the Turkish Parliament on 3 October 2001. It views this reform package as a significant development towards strengthening democracy and better protection of human rights and fundamental freedoms.

Amendments narrow the ground for limiting such fundamental freedoms as the freedom of expression and dissemination of thought, freedom of the press and freedom of association.

In order to be effective, the constitutional reform will need to be followed by important changes in legislation. This is particularly the case for issues such as the freedom of expression and cultural rights including the Radio/TV broadcasting in other languages than Turkish.

The Turkish Government is finalising a package of new draft legislation that is aimed at implementing a number of constitutional amendments, in particular with respect to freedom of expression and thought. It should facilitate progress towards satisfying the Accession Partnership priorities.

Despite these changes, a number of restrictions on the exercise of fundamental freedoms remained. The extent to which individuals in Turkey will enjoy real improvement in the exercise of fundamental freedoms will depend on details of implementing legislation, and the practical application of the law. It is particularly encouraging that a general principle of proportionality has been introduced and that the stated general aim of the reform is effectively to bring to the forefront respect for human rights and the rule of law.

The revised Article 38 of the Constitution limits the death penalty to cases of terrorist crimes and in times of war or imminent threat of war. The exception for terrorist crimes is not in line with Protocol 6 to the European Court of Human Rights (ECHR) (which does not permit any reservations), whereas the exception in the case of war crimes is permitted under Protocol 6.

Reforms related to economic, social and cultural rights contain a number of positive elements. Provisions forbidding the use of languages prohibited by law, in Articles 26 and 28, have now been abolished. This could pave the way for the use of languages other than Turkish and is a positive development.

Existing restrictive legislation and practices will need to be modified in order to implement this constitutional reform, as the Turkish authorities have recognised.

These changes, when implemented, will bring clear benefits to the people of Turkey and will help the country to advance in its preparations for Union membership.

Further details on this matter are to be found in the Commission Regular Report on Turkey adopted on 13 November 2001(1).

(1) SEC(2001) 1756.