WRITTEN QUESTION E-2703/03 by Luigi Vinci (GUE/NGL) to the Commission. The sociologist Mehmet Bercet and the head of the Goc-Der refugee organisation, Sefika Gurbuz, on trial in Turkey for inciting racial hatred.
Date: 2003-09-11
Institutions: European Parliament, Provisional data
Subjects: Türkiye, accession criteria, approximation of laws, freedom of expression, legal hearing, penal code, racial discrimination

8.4.2004

EN

Official Journal of the European Union

C 88 E/109

The Community is, however, seeking to promote the respect of higher standards in developing countries;
for instance:

(cid:1) developing countries that abide by higher social or environmental standards may be granted

preferential access to the Community market through the Generalised System of Preference;

(cid:1) developed countries dialogue with companies in order to encourage them to behave in a socially and
environmentally more responsible manner in developing countries (for instance, the Organisation for
Economic Cooperation and Development
set up Corporate Social Responsibility
(OECD) has
Guidelines);

(cid:1) the Commission’s development assistance policy is supporting developing countries wishing to set up

and implement new and stricter standards;

(cid:1) the Union is also exploring with its WTO partners ways to improve the linkages between trade and

environment.

It is noteworthy in this context that research shows that environmental standards tend to rise with the
level of development. Therefore the best thing that the Union can do to encourage the take up of higher
standards in its partners is to encourage economic development and growth. Blocking imports from
developing countries would have quite the opposite effect, locking them into poverty and further delaying
their move up the regulatory ladder.

The Commission is aware of the argument that allowing such imports might cause the loss of European
manufacturing jobs. This is al old argument which has been largely disproved by events.

The Commission considers that the following elements should be taken into account when assessing this
argument:

(cid:1) It is a hypothetical proposition, depending on hypothesis that the Community might renege on its
WTO obligations and turn its back on the benefits of multilateral trade agreements. The hypothetical
‘loss’ has to be netted off against the rather less hypothetical gain of manufacturing jobs achieved over
decades of trade liberalisation;

(cid:1) Trade liberalisation allows countries to specialise in those sectors in which they are most competitive

enabling all players to gain from increased productivity;

(cid:1) In the course of the natural upgrading of the Union economy it has moved away from the sort of
labour intensive manufactures in which developing countries specialise and now has an economic
structure based on services. The extent to which Union job holders compete with low cost imports is
therefore very limited;

(cid:1) Environmental and social awareness among European consumers implies that Community manu-
facturers can draw advantage from the global market for products conforming to high standards.
For example serving highly discriminating consumers has helped to make Union industry highly
competitive in environmentally friendly goods and technologies that protect the environment.

(2004/C 88 E/0114)

WRITTEN QUESTION E-2703/03

by Luigi Vinci (GUE/NGL) to the Commission

(11 September 2003)

Subject: The sociologist Mehmet Bercet and the head of the Goc-Der refugee organisation, Sefika Gurbuz,

on trial in Turkey for inciting racial hatred

Following the forced migration of hundreds of thousands of Kurds from the south-east of Turkey to the
outskirts of that country’s major cities, and in particular Istanbul, the sociologist Mehmet Bercet, himself an
ethnic Kurd, launched a study in association with the Istanbul-based refugee organisation Goc-Der to assess
the difficult living conditions and oppression endured by those people, who have been compelled to flee

C 88 E/110

Official Journal of the European Union

EN

8.4.2004

their own villages and leave behind their land, jobs and houses. The results of this study were announced
by Sefika Gurbuz, head of the Goc-Der refugee organisation, at a press conference held in Istanbul on
17 July 2002. Sefika Gurbuz was accused of ‘separatism’ under Article 312 of the Turkish Criminal Code
for having announced the results, while Mehmet Bercet, as the main author of the study, was charged with
inciting racial hatred. Both were brought before the State Security Court. A first hearing was held on
25 November 2002 and at the subsequent hearing of 12 March 2003 the prosecution called for three
year’s imprisonment for both the accused.

How does the Commission view this situation? Should it not make it quite clear to the Turkish
Government that these accusations and the indictment of Sefika Gurbuz and Mehmet Bercet clash totally
with the possibility of Turkey entering the European Union?

Answer given by Mr Verheugen on behalf of the Commission

(1 October 2003)

The Commission is not aware of the case mentioned by the Honourable Member.

As regards freedom of expression, Turkey has adopted a series of reforms over the last two years
introducing changes to several articles of the Turkish Penal Code. In particular, the grounds for limiting
freedom of expression in Article 312 have been amended in view of complying with the European
standards.

According to official data, it appears that the majority of cases launched against individuals on grounds of
freedom of expression over the last year have been concluded with acquittals by courts.

However, court cases against individuals continue to occur, often reflecting a restrictive interpretation of
the relevant provisions of the Penal Code.

The Commission has repeatedly stressed to the Turkish authorities the need for a practical implementation
of the reforms for the benefit of all citizens, regardless of their origin.

The Commission will continue to monitor the situation in the context of the Copenhagen political criteria
and will make a detailed assessment in its Regular Report to be published in November 2003.

(2004/C 88 E/0115)

WRITTEN QUESTION E-2725/03

by Jules Maaten (ELDR) to the Commission

(11 September 2003)

Subject: Corruption at the Bulgarian border

On 12 December 2002, I requested clarification from the Commission over reports that Bulgarian border
guards had been demanding money unnecessarily from tourists to allow them to cross the border (Written
Question E-3790/02 (1)). Mr Verheugen replied that ‘appropriate measures’ would be taken ‘in order to
prevent incidents of the specific character described’.

An inquiry carried out by ANWB, the largest Dutch organisation active in the field of tourism, leisure and
travel, shows that the situation has not improved. Tourists now even have to be vaccinated against SARS
at the border, although there is in fact no vaccine against SARS!

1.

2.

Is the Commission aware of what is going on?

Does the Commission feel that these vaccinations are a danger to public health?