WRITTEN QUESTION E-1205/03 by Alexandros Alavanos (GUE/NGL) to the Commission. Outlawing of the HADEP party in Turkey.
Date: 2003-04-02
Institutions: European Parliament, Provisional data
Subjects: Türkiye, accession criteria, accession to the European Union, formation of a party, freedom of expression, political parties, political rights, public safety, terrorism

6.3.2004

EN

Official Journal of the European Union

C 58 E/51

(2004/C 58 E/068)

WRITTEN QUESTION E-1205/03

by Alexandros Alavanos (GUE/NGL) to the Commission

Subject: Outlawing of the HADEP party in Turkey

(2 April 2003)

The HADEP party has been recently outlawed by the Turkish Constitutional Court which also banned over
40 of its members from any form of political activity over the next five years. In addition, the public
prosecutor has been seeking to outlaw the recently founded DEHAP party.

The HADEP party, under the name DEHAP, gathered two million votes in the most recent Turkish
elections, 6,2 % at national level, while in 12 provinces in the Kurdish areas it came first, achieving 47 % in
Diyarbakir, Batman, Sirnak, Hakkari and Ban.

The European Court of Human Rights has already condemned Turkey for outlawing political parties on
numerous occasions in the past. Last year (Sadak v. Turkey) the Court ruled that this infringed not only the
right of such parties freely to exercise their mandate and their right to freedom of expression, but also the
right of voters to fair and free elections.

In view of the above, will the Commission take action with a view to having this new and unacceptable
measure overturned, given that it prevents parties from freely exercising their mandate and infringes the
right to freedom of expression and representation of millions of Kurds in Turkey?

Answer given by Mr Verheugen on behalf of the Commission

(30 April 2003)

The Commission is aware of the situation regarding the HADEP party, and its successor, the DEHAP party.
On 14 March 2003 a Commission spokesperson expressed the concern of the Commission with regard to
the banning of the HADEP party, as the decision appeared to be against the spirit of the current reform
agenda in Turkey.

According to the Turkish authorities, the Turkish Constitutional Court delivered its judgement against the
HADEP party after receiving evidence that the party had explicitly aided and abetted the Kurdistan
Workers’ Party (PKK), which is considered by the Turkish state to be a terrorist organisation.

The Commission notes that, although the European Court of Human Rights (ECHR) has in the past ruled
against Turkey with regard to the freedom to exercise a parliamentary mandate and the right to freedom of
expression, some cases against Turkey have not been upheld. For example, in the case of the Refah Partisi
(The Welfare Party) and others versus Turkey, the ECHR held that there were ‘convincing and compelling
reasons justifying Refah’s dissolution’ which could be regarded as ‘necessary in a democratic society’.

As a Candidate Country, Turkey aims to fulfil the Copenhagen political criteria as well as the priorities
identified by the Accession Partnership. These include the alignment of provisions concerning the freedom
of association with the European Convention on Human Rights and Member State norms. The Commission
will continue to monitor all developments related to the freedom of association in Turkey and intends to
raise this issue in its regular dialogue with the Turkish authorities.

(2004/C 58 E/069)

WRITTEN QUESTION E-1225/03

by Mogens Camre (UEN) to the Commission

(2 April 2003)

Subject: German government aid to workers taking up jobs in other Member States

The Danish newspaper Jyske Vestkysten reported on 15 March that a businessman from Kiel had had the
idea of supplying German workers to Danish firms. This is a shrewd idea in that the German government