WRITTEN QUESTION E-0795/02 by Feleknas Uca (GUE/NGL) to the Commission. Ban on the association of Alevi-Bektashi institutions in Turkey.
Date: 2002-03-20
Institutions: European Parliament, Provisional data
Subjects: European Court of Human Rights, Türkiye, freedom of association, religious group, restriction of liberty

C 277 E/88

Official Journal of the European Communities

EN

14.11.2002

(2002/C 277 E/095)

WRITTEN QUESTION E-0789/02

by Ursula Schleicher (PPE-DE) to the Commission

(19 March 2002)

Subject: Reform of the European Schools

Is the Commission aware of the proposals made by the Board of Governers of the European Schools to
increase the minimum number of participants required for courses be created, and to increase the number
of subjects taught in a foreign language?

Answer given by Mr Kinnock on behalf of the Commission

(28 May 2002)

According to the preamble to the Convention signed by all the Member States and the Communities on
17 June 1994, the European schools system ‘fully acknowledg(es) the Member States’ responsibility for the
content of teaching and the organisation of their educational system, and for their cultural and linguistic
diversity.’

The Board of Governors, the intergovernmental body responsible for these schools, has not made or
considered any proposal either to amend the existing rules on the size of the various groups or to extend
teaching in the first foreign language.

(2002/C 277 E/096)

WRITTEN QUESTION E-0795/02

by Feleknas Uca (GUE/NGL) to the Commission

(20 March 2002)

Subject: Ban on the association of Alevi-Bektashi institutions in Turkey

On 13 February 2002, the second court banned the association of Alevi-Bektashi institutions because it
allegedly violates the Turkish Law on Associations. Approximately 20 million people in Turkey are Alevi
Muslims.

In imposing the ban, the Court invoked paragraph 5 of Law No 2908 on Associations which makes it a
punishable offence to seek to undermine the unity of the Turkish nation and its territory by activities to
promote a language, race, religion, or ethnic group.

These provisions are not in consistent with a pluralist and democratic society and they violate the rights of
religious freedom and freedom of thought.

1.

Is the Commission aware of the ban on this religious movement?

2. What is the Commission’s view of the Turkish Law on Associations Law?

Answer given by Mr Verheugen on behalf of the Commission

(29 April 2002)

The Commission is aware of the closure, on 13 February 2002, by the Ankara Civil Court of the Cultural
Association of the Union of Alevi and Bektashi Establishments.

The Commission noted the arguments of the prosecutor that according to Articles 14 and 24 of the
Turkish Constitution and Article 5 (1) of the Law on Associations,
it is not possible to establish an
association by the name Alevi or Bektashi in Turkey.

In a recent development, an appeal to the Court of Cassation by the Association has been made. At this
stage, the Commission was already informed that if the appeal was rejected the case would be taken to the
European Court of Human Rights.

14.11.2002

EN

Official Journal of the European Communities

C 277 E/89

As regards the Law on Associations, the Commission noted in its Regular Reports the restrictive nature of
the Law and the equally restrictive way in which it is implemented. The matter has been one of the regular
items in the political dialogue between the Union and Turkey.

The latest set of legislative amendments adopted by the Turkish Grand National Assembly on 26 March
2002 includes some amendments to the Association Law but not to Article 5(5), which was the basis for
the recent ban on the Cultural Association of the Union of Alevi and Bektashi Establishments. The
Commission therefore remains critical to the way freedom of association could be exercised in Turkey.

(1) Article 5(5) of the law on Associations indicates that ‘it is forbidden to found an association for the purpose of
engaging in any activity on the grounds of or in the name of any region, race, social class, religion or sect.’.

(2002/C 277 E/097)

WRITTEN QUESTION E-0801/02

by Graham Watson (ELDR) to the Commission

(20 March 2002)

Subject: Travel concessions in Member States

What is the Commission doing to encourage railway companies to recognise travel concessions issued in
or by other Member States?

Answer given by Mrs de Palacio on behalf of the Commission

(6 May 2002)

This question addresses an important issue in the development of the Community’s regulatory framework
regarding railways. It is true that the quality of international rail passenger services is hindered by the
national approaches of such services by railway undertakings and public authorities.

For unprofitable services railway undertakings award reductions to passengers belonging to specific
categories on the basis of (legal) provisions which largely differ between Member States. These differences
have major consequences for the definition of the categories of persons entitled to reduced fares as well as
to the size of the reduction which is geographically limited to the network operated by the railway
undertaking.

These reductions are awarded for services provided within the framework of public service obligations and
contracts under the amended Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by
Member States concerning the obligations inherent in the concept of a public service in transport by rail,
road and inland waterway (1). Railway undertakings receive financial compensations from the public
authorities to carry out services, which would have been unprofitable otherwise.

Particularly for regional cross-border services that are not profitable, it is desirable that public authorities
on both sides of the border co-operate in concluding a public service contract with a railway undertaking.
If concessionary fares are wanted by the public authority it is desirable that the concessionary fares are
applicable for travelling on both sides of the border. The Commission made proposals to facilitate such
approach but they still have to be approved by the Council and the Parliament (2).

For profitable services, the railway undertakings may conclude an arrangement for passenger services
between themselves (within the framework of Community Competition law) as is the case for Interrail
offering fare reductions across Europe for young people. In the upmarket segments of high speed trains