TURKEY

EU entry goal spurs human rights reform

But, as some political leaders have pointed out, systemic changes must be carried out for their own sake and not just as part of Turkey’s accession process

IN 1999 the European Union agreed to begin Accession negotiations with Turkey.  Since then the goal of EU accession has been a motivating force for human rights reform in the country.  The Accession Partnership, adopted in 2001, provides Turkey with a roadmap to bring about "democracy, rule of law, human rights, and respect for and protection of minorities." Fulfilment of these criteria is a prerequisite for EU negotiations to begin. 

The Accession Partnership agreement lists a number of short-term and medium-term objectives for Turkey.  In the short-term, Turkey must, among other things, (1) provide the legal framework to guarantee freedom of expression and freedom of association, (2) fight torture and corruption, (3) improve judiciary functioning, (4) maintain a de facto moratorium on capital punishment, and (5) "remove any legal provisions forbidding the use by Turkish citizens of their mother tongue in TV/radio broadcasting."

In the medium-term, Turkey must adapt "the role of the armed forces to the rules of a democratic society" and eventually bring the army under full control of the civilian government.

In March 2001 the Turkish Government announced its own National Program for adoption of the EU acquis communautaire, or the body of legal instruments common among EU members.

On 9 October 2002 the European Commission presented its Regular Report on Turkey, determining the country's progress towards accession.  The report concluded that Turkey has made "substantial progress" towards fulfilment of the Copenhagen political criteria, but that Turkey still had much to accomplish before it could satisfy accession requirements. 

Progress towards accession continues along the path set by the National Program, as Turkey adopts a more proactive approach.  During 2002 the Turkish government passed three sets of reform packages to bring the country closer to compliance, as well as 22 amendments to the Turkish Constitution.

The Commission report stated that the last of the three reforms took a "particularly reaching" step towards meeting a wide range of human rights deficiencies.  Still, the Report concluded, the many limitations on reforms indicate Turkey "does not meet the political criteria" required to begin accession talks.

Among concerns raised by the Report are (1) reforms in the treatment of detainees, (2) the expansion of freedom of association and expression, and (3) protection of minority rights.  On the other hand, Turkey was applauded for abolishing the death penalty in February 2002. 

Regarding treatment of detainees, Turkey has failed to abolish incommunicado detention.  There are ongoing allegations of torture and extra-judicial killings, particularly in the Kurdish region of Southeast Turkey.

Also, the sentences for those found guilty of torture are often light, and many proceedings end unresolved because of the statute of limitations. The European Union and human rights advocates stress the need to ensure that all detainees have access to legal counsel from the very outset of their detention. 

In January 2003 Turkey passed Law No. 4778, which attempts to provide this right of counsel but, according to Human Rights Watch, the law still exempts detainees brought under jurisdiction of State Security Courts.  In May 2002 Turkey outlawed the blindfolding of detainees in police custody.  However, according to the EU Report and reports from human rights advocates, this practice continues in many jurisdictions, often due to ignorance of the change in law. 

The treatment of women in custody is of special concern considering widespread evidence of sexual and physical violence against women.  There has been little State action regarding allegations of sexual assault and torture of women in custody, and the state has been antagonistic toward human rights defenders, such as Eren Keskin, who have raised concerns.  Ms Keskin has been the subject of death threats and over 80 lawsuits because of her advocacy of basic human rights. 

Regarding freedom of association, the Report notes that Turkey has changed the Law on Associations to transfer supervision of civil society organisations from the police to civil authorities.  However, associations are still required to inform the Turkish government of membership, publications and meetings. 

The EU regards effective advocacy of both public and private points of view, particularly controversial ones, to be undeniably enhanced by group association.  Therefore, any compelled disclosure of affiliation with groups engaged in nonviolent advocacy constitutes a de facto restraint on the freedom of association. It also violates the Declaration on Human Rights Defenders.

The Turkish government continues to use civil and criminal litigation to harass human rights organisations for nonviolent speech, such as statements critical of government practices in the prison system.

Regarding freedom of speech, Turkey recently reformed its Criminal Code (Article 312) to allow punishment for incitement, but only when there is "a possible threat to public order."  Turkey also reduced prison sentences for violations of Article 159, including insults to state organs, from a six to three year maximum sentence. 

But again, the EU considered the reforms too limited because punishable offences still include non-violent expression.  Human Rights Watch reports that human rights activists continue to be prosecuted under Article 159 for nonviolent activities such as criticism of government policies.

In August 2002 Turkey removed restrictions on broadcasting in minority languages, including Kurdish.  However, the regulations enacted in December 2002 failed to give the new legislation full force. The regulations restrict broadcasting in minority languages to State channels only, and allow just four hours per week on radio and two hours per week on television.  Furthermore, minority language radio broadcasts must be followed by mandatory Turkish translation.

Another area of concern is the high number of cases filed against Turkey at the European Court of Human Rights (ECHR).  The Report details that between 1 October 2001 and 30 June 2002, 1874 applications regarding Turkey were made to the ECHR. Of these, the majority (1125) concerned the right to a fair trial, 304 concerned the right to liberty and security, 246 concerned the practice of torture, 104 concerned inhibitions on the freedom of assembly and association, and 95 concerned the freedom of expression. 

In light of the many more reforms Turkey must meet to satisfy the Copenhagen criteria the Report did not recommend a date for accession talks to begin.  In December 2002 the EU met in Copenhagen for a second time and agreed that "if the European Council in December 2004, on the basis of [the Regular] Report and a recommendation from the Commission, decides that Turkey fulfils the Copenhagen political criteria, then the EU will open accession negotiations with Turkey." 

The decision to postpone membership negotiations until December 2004 to allow time for further human rights reform frustrated Turkey's hopes of fixing a date in 2003.

Nevertheless, there are encouraging signs that the new Turkish leadership is adopting a more aggressive approach to political reform. The Justice and Development Party leadership has even spoken of the need for systemic reform independent of the EU accession process, indicating its willingness to promote change for its intrinsic value rather than simply as a means to gain EU membership. Time will tell.