WRITTEN QUESTION E-3050/03 by Koenraad Dillen (NI) to the Council. European Court of Human Rights judgment against Turkey.
Date: 2003-10-17
Institutions: European Parliament, Provisional data
Subjects: European Court of Human Rights, Türkiye, accession criteria, enforcement of ruling, human rights, intergovernmental conference (EU), legal domicile, ownership, penalty

3.4.2004

EN

Official Journal of the European Union

C 84 E/47

(2004/C 84 E/0052)

WRITTEN QUESTION E-3050/03

by Koenraad Dillen (NI) to the Council

(17 October 2003)

Subject: European Court of Human Rights judgment against Turkey

On 31 July 2003, the European Court of Human Rights in Strasbourg delivered a second judgment against
Turkey for violation of human rights in Cyprus. The judgment on violation of the right to respect for the
home followed on from an application by two Greek Cypriots, Eugenia Michaelidou and Michael Tymvios,
who have been unable to travel to their home since Turkey unlawfully occupied Northern Cyprus.
According to the Court, this is a manifest violation of Article 1 of Protocol No 1 to the European
Convention on Human Rights (ECHR).

Turkey has been admitted to attend the current IGC in Rome as an observer and candidate country.

Does the Council consider it reasonable for a candidate country which manifestly and repeatedly violates
the principles of the ECHR to be admitted to the IGC as an observer? Does not the IGC, which, it should
be noted, is discussing the incorporation of citizens’ basic rights into the European Constitution, lose
democratic legitimacy by allowing a state which violates human rights to be an observer?

How will the Council make sure that, during accession negotiations in subsequent years, Turkey does not
simply pay lip service to human rights compliance, but, rather, is actually guided by it in politics?

Will the Council put pressure on Turkey to ensure, in response to this specific judgment by the European
Court of Human Rights, that the judgments do not remain a dead letter?

In other words, will the Council put pressure on Turkey to restore the rights of Eugenia Michaelidou and
Michael Tymvios?

Reply

(8 March 2004)

1.
As pointed out by the Honourable Member and also noted in the Commission’s regular report 2003
on Turkey’s progress towards accession, Turkey still has a problematic record with regard to execution of
judgements by the European Court of Human Rights (ECtHR). The regular report 2003 indicates that the
ECtHR since October 2002 has delivered 92 judgements concerning Turkey, and that in 43 cases the
Court found that Turkey had violated the European Convention of Human Rights (ECHR).

The Council expects all countries aspiring to EU membership to respect international law and their
2.
treaty obligations,
in particular in the field of human rights. This is reflected in the revised Turkey
accession partnership by the relevant priority which requests Turkey to ‘comply with the European
Convention for the Protection of Human Rights and Fundamental Freedoms,
including respect of the
judgements of the ECtHR’. The Council raises this point with Turkey on any suitable occasion, in particular
in the context of political dialogue.

3.
Specific action in respect of the judgement referred to by the Honourable Member is not being
considered at this stage. It should be recalled that, as decided by the Copenhagen European Council,
accession negotiations with Turkey will be opened if the European Council in December 2004 decides that
Turkey fulfils the Copenhagen political criteria, which require in particular that democracy, the rule of law
and human rights are guaranteed in the country.

Finally, it is not for the Council to comment on the Thessaloniki European Council’s decision to

4.
admit Turkey as an observer to the IGC.