ANKARA: European Parliament: Ergenekon Investigation Is An Opportuni

EUROPEAN PARLIAMENT: ERGENEKON INVESTIGATION IS AN OPPORTUNITY

Today’s Zaman
Nov 27 2009
Turkey

The draft of the European Parliament progress report on Turkey calls
Ergenekon investigation an opportunity for Turkish democracy and rule
of law.

Written by Dutch Christian Democrat Ria Oomen-Ruijten, the draft calls
on the government to revamp the High Council of Judges and Prosecutors
(HSYK). The 8-pages report which bears the date of 26-11-2009 commends
the government’s initiative on the Democratic and Armenian initiatives
but at the same time criticizes the slow pace of implementation. The
parts of the draft on Cyprus seem to be hugely influenced by the
Greek Cypriot position.

The first debate of the draft report will take place on Dec. 2 in
Committee on Foreign Affairs (AFET). Following are some important
topics from the draft report.

Judicial Reform

By welcoming the government’s approval of the judiciary reform
strategy, the report also encourages the government to re-structure
the High Council of Judges and Prosecutors (HSYK) so as to ensure
its representative ness, objectiveness, impartiality and transparency.

It takes note of progress made on legislation limiting the jurisdiction
of military courts and regrets the lodging of an appeal before
the Constitutional Court seeking annulment of that legislation; is
concerned by the continuing involvement of the military in Turkish
politics and foreign policy, and reiterates that in a democratic
society the military must be fully subject to civilian oversight.

Ergenekon

The draft report is also concerned about the alleged magnitude of the
Ergenekon criminal network; urges the government and the judiciary
to ensure that all proceedings are fully in line with the due process
of law and that the rights of all defendants are respected.

Democratic initiatives

Welcomes the initiatives taken by the Turkish Government to bring
Turkish citizens together and enable every citizen, irrespective of
origin or religion, to enjoy equal rights and play an active role
in Turkish society. Welcomes the adoption of legislation removing
all restrictions on broadcasting in the Kurdish language by private
and public channels at the local and national levels as well as of
legislation on the use of the Kurdish language in prisons; urges
the government to take further measures ensuring real opportunities
to learn Kurdish within the public and private schooling system,
allowing for Kurdish to be used in political life and in access to
public services; calls on the Government to make sure that anti-terror
laws are not misused to restrict fundamental freedoms, and to abolish
the system of village guards in the south-east of Turkey.

Kurdistan Workers’ Party (PKK) terrorist organization

Condemns the continuing violence perpetrated by the PKK and other
terrorist groups on Turkish soil, and urges the PKK to respond to
the political initiative of the Turkish government by laying down
its arms and putting an end to violence;

Religious Minorities

Welcomes the dialogue entered into by the Turkish government with
non-Muslim religious communities and the Alevis; underlines, however,
that positive steps and gestures cannot mask the lack of real reform
of the legal framework, which must enable these religious communities
to function without undue constraints, in line with the ECHR and the
case-law of the European Court of Human Rights;

It also reiterates its concern about the obstacles faced by the
Ecumenical Patriarchate concerning its legal status, the training of
its clergy, and elections of the Ecumenical Patriarch.

Press Freedom

The report is concerned about continued restrictions on press freedom,
particularly following the imposition of an unprecedented fine on
a media group, as well as regarding frequent website bans; stresses
that the cultivation of press freedom is an important sign of political
culture in a pluralistic society; recommends that in this context, and
in light of the unhealthy links between media and business interests,
a new media law be adopted.

Cyprus

Calls on the Turkish government actively to support the ongoing
negotiations, and to contribute in concrete terms to the comprehensive
settlement of the Cyprus issue, based on a bi-zonal, bi-communal
federation, in line with the relevant UN Security Council resolutions
and the principles on which the EU is founded; calls on Turkey to
facilitate a suitable climate for negotiations by withdrawing its
forces;

Relations with neighbours

Commends the diplomatic efforts made to normalise relations with
Armenia, and urges the Turkish government to open the border with
Armenia; calls on the Turkish Parliament (TBMM) and the Parliament
of Armenia to ratify the relevant protocols without delay and without
setting any preconditions;

Takes note of the limited progress achieved in improving Turkish-Greek
bilateral relations; calls on the TBMM to withdraw its casus belli
threat, and expects the Turkish government to end the continued
violations of Greek airspace.

Welcomes the continued improvement of relations with Iraq and with
the Kurdish regional government; stresses once again its appeal to
the Turkish government to ensure that any anti-terrorist operation
that is conducted fully respects Iraq´s territorial integrity, human
rights and international law, and that civilian casualties are avoided.

Foreign Policy

Notes Turkey´s increasingly active foreign policy and appreciates
its efforts to contribute to solutions in various crisis regions;
calls on the Turkish government to intensify its foreign policy
coordination with the EU, in particular as regards Iran.