Human rights and Turkey's future in Europe

Orbis

Volumn 45, Issue 1, 2001, Pages 15-30

  Gündüz, Aslan ^a  

^a MARMARA UNIVERSITY   (Turkey)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0035643891     PISSN: 00304387     EISSN: None     Source Type: Journal    
DOI: 10.1016/S0030-4387(00)00055-7     Document Type: Article

References (44)

1. 1 The "Strasbourg institutions" formerly included the European Commission of Human Rights, which ceased to function in 1999.
2. 2 Cf. Nigel S. Rodley, "Can Armed Opposition Groups Violate Human Rights?" in Human Rights in the Twenty-First Century: A Global Challenge, ed. Kathleen E. Mahoneey and Paul Mahoneey (Boston: Martinus Nijhoff, 1993), pp. 313-14; Bülent Tanör, "Human Rights Problems in Turkey", in Human Rights Education Project, Activity Report (Izmir: Izmir Bar Association, Jan. 1, 1997-Dec. 31, 1997), p. 35.
3. 2 Cf. Nigel S. Rodley, "Can Armed Opposition Groups Violate Human Rights?" in Human Rights in the Twenty-First Century: A Global Challenge, ed. Kathleen E. Mahoneey and Paul Mahoneey (Boston: Martinus Nijhoff, 1993), pp. 313-14; Bülent Tanör, "Human Rights Problems in Turkey", in Human Rights Education Project, Activity Report (Izmir: Izmir Bar Association, Jan. 1, 1997-Dec. 31, 1997), p. 35.
4. 3 The Western states used the then-CSCE human dimension mechanism approximately 100 times between 1989 and 1990 against the Soviet Union. After the dissolution of the latter they lost their enthusiasm. See A. Gündüz, Security and Human Rights in Europe: The CESCE Process (Istanbul: M. Ü. Ayrupa Topiulugu Enstitüsü, 1994), pp. 211-13.
5. 4 A. Gündüz, "The Dilemma of Human Rights and Security in Combating Terrorism: An International Law Perspective" (in Turkish), in Hukuk Devletinde Terörve Örgütlü Suçla Mücadele, ed. Umut Vakfi (Istanbul: BETA, 1996), pp. 190-207.
6. 5 See Karen Smith, "The Use of Political Conditionality in the EU's Relations with Third Countries: How Effective?" European Foreign Affairs Review, Summer 1998, p. 253.
7. 6 "Conclusions of the Luxembourg European Council, 12 and 13 December 1997," Bulletin of the European Union, vol. 12 (1997), point 1.5.
8. 7 "Conclusions of the Helsinki European Council," Bulletin of the European Union, vol. 12 (1999), point 4.
9. 8 "Copenhagen European Council, Copenhagen, 21 and 22 June, Conclusions of Presidency," Bulletin of the European Communities, vol. 26, no. 6 (1993), point I.13, p. 13.
10. 9 See European Commission, "Regular Report 1998 from the Commission on Turkey's Progress Towards Accession," Bulletin of the European Union, supplement 16/98 (Luxembourg: European Commission, 1999); and "Regular Report 1999 from the Commission on Turkey's Progress Towards Accession," Bulletin of the European Union, supplement 16/19 (Luxembourg: European Commission, 2000).
11. 9 See European Commission, "Regular Report 1998 from the Commission on Turkey's Progress Towards Accession," Bulletin of the European Union, supplement 16/98 (Luxembourg: European Commission, 1999); and "Regular Report 1999 from the Commission on Turkey's Progress Towards Accession," Bulletin of the European Union, supplement 16/19 (Luxembourg: European Commission, 2000).
12. 10 Supreme Coordinating Human Rights Council of the Prime Ministry, Measures Which Turkey Has to Take in Light of the Political Copenhagen Criteria: Calendar for Democracy, Rule of Law and Human Rights (in Turkish) (Ankara: n.p., 1999).
13. 11 Statistics supplied to the author from the Registry of the European Court of Human Rights, valid for the period Nov. 1, 1998, to June 29, 2000.
14. 12 See, for example, Case of Aydin v. Turkey (application no. 57/1996/676/866), judgment: Strasbourg, Sept. 25, 1997; Case of Mentes and Others v. Turkey (application no. 58/1996/677/867), judgment: Strasbourg, Nov. 28, 1997; Case of Kurt v. Turkey (application no. 151/1997/799/1002), judgment: Strasbourg, May 25, 1998.
15. 13 On July 8, 1999, the ECHR decided the following cases: Case of Sürek and Özdemir v. Turkey (application nos. 23927/94 and 24277/94); Case of Polat v. Turkey (application no. 23560/94); Case of Tanrikulu v. Turkey (application no. 23763/94); Case of Sürek v. Turkey (No 4) (application no. 2472/94); Case of Asian v. Turkey (application no. 23462/94); Case of Sürek v. Turkey (No 2) (application no. 24122/94); Case of Erdogan and Ince v. Turkey (application nos. 25067/94 and 25068/94); Case of Okçuoglu v. Turkey (application no. 24246/94); Case of Baskaya and Okçuoglu v. Turkey (application nos. 23536/94 and 24408/94); Case of Sürek v. Turkey (No 3) (application no. 24735/94); Case of Sürek v. Turkey (No 1) (application no. 26682/95); Case of Karatas v. Turkey (application no. 23168); Case of Gerger v. Turkey (application no. 24919/94); Case of Ceylon v. Turkey (application no. 23556/94); Case of Cakioi v. Turkey (application no. 23657/94).
16. 14 Öcalan-Turkey (no. 4622/99), European Court of Human Rights, Information Note on the Case Law of the Court, Mar. 1999, p. 25.
17. 15 Case of the United Communist Party of Turkey and Others v. Turkey (no. 133/1996/752/1151), judgment: Strasbourg, Jan. 30, 1998.
18. 16 A. Gündüz, "Has the European Court of Human Rights Become Our Constitutional Court?" (in Turkish), Yeni Türkiye, vol. 4, no. 22 (1998), p. 1367.
19. 17 "Agenda 2000 for a Stronger and Wider Union," Bulletin of the European Union, vol. 7/8 (1999), point I.1.
20. 18 According to the constitution, all but a few presidential decisions must be signed by the Council of Ministers. For example, the president may independently appoint some senior judges and university rectors and file appeals to the Constitutional Court against laws he believes are unconstitutional.
21. 19 "Regular Report 1998," para. B, point 1.1.
22. 20 Ibid.; "Regular Report 1999," para. B, point 1.1.
23. 20 Ibid.; "Regular Report 1999," para. B, point 1.1.
24. 21 See European Parliament, Report on the Commission Reports on Developments in Relations with Turkey since the Entry into Force of the Customs Union, DOC-EN\RR1356\35875, PE 221.635/fin, p. 12.
25. 22 Basbakanlik, Rule of Law, Democracy, and Human Rights: A Workshop with Nongovernmental Organizations (in Turkish) (Ankara: Basbakanlik Basimevi, 1999), pp. 44, 105.
26. 23 The United Communist Party of Turkey, Socialist Party, and Freedom and Democracy Party.
27. 24 Venice Commission, Guidelines on Prohibition and Dissolution of Political Parties and Analogous Measures, Adopted by the Venice Commission at Its 41st Plenary Session (Strasbourg: Venice Commission, Jan. 10, 2000), CDL-INF (20 00) 1.
28. 25 Cf. Fazil Saglam, Current Problems of Political Parties Law (in Turkish) (Istanbul: BETA, 1999), p. 163.
29. 26 "Regular Report 1998," p. 16.
30. 27 Statistics supplied to the author by the General Directorate, Department of Associations of the Ministry of Internal Affairs. On the restrictions, see Hüsnü Öndül, "Human Rights and Democratic Standards in Turkey" (in Turkish), in Rule of Law, Democracy, and Human Rights, pp. 112-13.
31. 28 See Yilmaz Ensaroglu (chairman of Mazlum-Der), "Resolution of Human Rights Question of Turkey: Fundamental Approaches and Proposals" (in Turkish), in Rule of Law, Democracy, and Human Rights, p. 51.
32. 29 N. Sousa, The Capitulatory Regime of Turkey: Its History, Origin, and Nature (Baltimore, Md.: Johns Hopkins University Press, 1933).
33. 30 "Regular Report 1998," p. 18.
34. 31 See Nazli Ilicak, "Some Obstacles on the Way to the EU" (in Turkish), Yeni Safak, July 20, 2000.
35. 32 Hüsnü Öndül stated that the Human Rights Association views the Kurdish issue as a matter of human rights and democracy. See Öndül, "Human Rights and Democratic Standards in Turkey," p. 115.
36. 33 Cf. Graham E. Fuller, "The Fate of the Kurds," Foreign Affairs, Spring 1993, pp. 109, 115.
37. 34 "Regular Report 1998," p. 14.
38. 35 Seditious libel exists, for example, in the laws of the United Kingdom, but with the difference that words would constitute seditious libel only if they were likely to cause readers to act unconstitutionally. See McNae's Essential Law for journalists, ed. Walter Greenwood and Tom Welsh, 10th ed. (London: Butterworths, 1988), p. 133.
39. 36 "Statement by the President," Sabah, Aug. 5, 2000.
40. 37 See Öndül, "Human Rights and Democratic Standards in Turkey," p. 104.
41. 38 See ECHR, Information Note on the Case Law of the Court, Nov. 1999, p. 23.
42. 39 "Statement by the Prime Minister," Sabah, June 23, 2000.
43. 40 Resolution in the Oostlander Report, A4-368/97, adopted Dec. 4, 1997 (PE 264 945), para. 4.
44. 41 As to views of the Committee of Ministers of the Council of Europe on the Turkish practice concerning torture, and measures taken by the Turkish government, see "Interim Resolution DH (99) 434 on the action of the security forces in Turkey, measures of general character," Human Rights Bulletin, no. 46, Council of Europe, Human Rights Directorate (Sept. 1999), pp. 58, 63.