Resolution on the death sentence on Mr Öcalan and the future of the Kurdish question in Turkey
Date: 1999-07-22
Institutions: European Parliament
Subjects: EU relations, Kurdistan question, Türkiye, diplomatic relations, national minority, political prisoner, right to justice

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Official Journal of the European Communities

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Thursday 22 July 1999

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 the
establishment of stable, civil democracy in Kosovo with a view to general reconciliation and future new
free 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 to
bring 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  is
directly linked to compliance with UN resolutions, including full cooperation with the International War
Crime 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 the
Yugoslav  Federation,  and  demands  that  the  Serb  authorities  and  the  army  of  the  Federal  Republic  of
Yugoslavia 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 on
them to present rapidly to the European Parliament a proposal for a common strategy for Eastern Europe
in order to strengthen relations between the European Union and the countries of South-Eastern Europe
and between the countries of the region;

Believes that the recent crisis also demonstrates the importance of speeding up preparations for the

22.
enlargement of the Union;

Instructs its President to forward this resolution to the Council, the Commission, the UN, the UN
23.
Interim  Civil  Administration  in  Kosovo,  the  President  and  Government  of  the  Federal  Republic  of
Yugoslavia, the Kosovo Transitional Council and the governments of Albania, Montenegro, the Former
Yugoslav 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).

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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  death
penalty,

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 trial
and 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 Europe
and has signed the European Convention on Human Rights and the International Convention against
Torture,

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.

2.

Condemns Mr O¨ calan’s sentence and reiterates its firm opposition to the use of the death penalty;

Calls on the Turkish authorities not to carry out the death sentence;

Expects  the  Supreme  Court  of  Appeal  to  reverse  the  verdict  against  Mr  O¨ calan  as  a  violation  of

3.
Turkey’s international legal commitments under the European Convention on Human Rights;

Urges  the  Turkish  Grand  National  Assembly  to  transform  the  current  de  facto  moratorium  on

4.
executions into a formal abolition of the death penalty in Turkey;

Reiterates  its  call  on  the  Turkish  authorities  to  provide  guarantees  for  the  fair  treatment  of

5.
Mr O¨ calan;

Doubts the fairness of the trial against Mr O¨ calan because of the procedure used by the State Security
6.
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 the
composition of the Turkish State Security Courts;

Calls  on  Turkey  to  comply  with  any  decision  on  the  sentence  against  Mr  O¨ calan  taken  by  the

8.
European Court of Human Rights;

Believes  that  the  execution  of  Mr  O¨ calan  would  have  considerable  implications  for  security  and

9.
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 view
that, in this connection, the requisite democratic reforms must be carried out;

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Thursday 22 July 1999

Calls also on the PKK to put an end to violence and terrorism and to cooperate in the search for

11.
peace in Turkey;

Reiterates its call on the Council and the Member States to take all the measures required to assist in

12.
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  of
Europe 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 therefrom
and in particular his duty to behave with integrity and discretion as regards the acceptance, after he
ceased 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 of
the Spanish Telefonica company; whereas his conduct is to be deplored especially when seen against
the 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 in
companies  with  which  they  have  had  official  dealings;  whereas  the  public  interest  needs  to  be
protected,

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-off
period’  after  leaving  office;  calls  on  Mr  Bangemann  to  reverse  his  decision  to  take  up  a  post  with
Telefonica;

Calls on all other outgoing members of the Santer Commission to respect voluntarily the new Code

2.
of Conduct;