Country of origin information report Turkey March 2007

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19.20 On 3 June 2005 the Turkish Daily News reported that “The Education Personnel Labor Union (Eğitim-Sen) will appeal to the European Court of Human Rights today on a supreme court ruling to reverse a lower court decision not to shut down the labor union, said Eğitim-Sen Chairman Alaaddin Dinçer yesterday, as reported by the Anatolia news agency.” [23t]
19.21 As recorded in the EC 2005 report:
“In May 2005, the Court of Cassation ruled to close the teachers’ union Eğitim Sen, on the grounds that a clause in its statute calling for education in mother tongue languages was in contravention of the Turkish Constitution. The legal action against the union was initiated by the Ministry of Labour and Social Security, under pressure from the General Staff, in June 2003. In September 2004 and February 2005 the Ankara Labour Court ruled in favour of Eğitim Sen, arguing that the Turkish Constitution should be interpreted in accordance with the ECHR, and that a decision to close down the union was not in compliance with Articles 10 (freedom of expression) and 11 (freedom of association) of the Convention. The May 2005 decision of the Court of Cassation reversed this ruling, stipulating that ‘freedom of association can be limited for the protection of national security, integrity of the country and public order’ and that ‘Turkish citizens cannot be provided education in a language other than Turkish’. The union has withdrawn the clause on mother tongue education pending the outcome of an application to the ECtHRs for an interim measure to block the union’s closure.” [71d] (p28-29)
Pro Kurdish political parties
See also Annex B for details of political parties
19.22 As outlined by the Council of Europe European Commission against Racism and Intolerance in its ‘Third report on Turkey (adopted on 25 June 2004 and made public on 15 February 2005):
“On the subject of freedom of association, ECRI notes that the bans on parties representing the interests of the Kurdish community have remained in place despite rulings by the European Court of Human Rights, which has frequently found against the government for violating freedom of association in this area. ECRI notes with approval that, following the constitutional and legislative amendments, it will be more difficult to ban a political party in future. In addition, cautions and ancillary penalties such as the removal of financial support may replace or precede outright bans on political parties.” [76] (p22)