Turkey cois report November 2006

[36i]
3.02 The Organisation for Security and Co-operation in Europe (OSCE) found in their report on the Turkish elections, published 4 December 2002 that “The election campaign was short but active. Parties campaigned in a calm and peaceful atmosphere. Although there were a substantial number of cases of harassment reported by some political parties and by human rights groups, there was a general consensus that the situation had improved markedly compared to previous elections.” [14] (p2)
European Union Reforms 2005–06
3.03 “Following the conclusions of the Luxembourg European Council in December 1997, the Commission has reported regularly to the Council and the Parliament... The period covered by this report is 1 October 2005 to 30 September 2006. Progress is measured on the basis of decisions taken, legislation adopted and measures implemented. As a rule, legislation or measures which are under preparation or await Parliamentary approval have not been taken into account. This approach ensures equal treatment across all reports and permits an objective assessment.” (European Commission (EC) 2006 report) [71a] (p4)
3.04 The EC 2005 Report noted that the European Council had set out the framework and the requirements for accession negotiations with Turkey. It had to bring into force six pieces of legislation enhancing human rights and the functioning of the judiciary and secondly, it was expected to sign the Adaptation Protocol extending its existing Association Agreement with the EU to all new Member States, including the Republic of Cyprus. [71d] (p4) It is noted in the EC 2006 report that: “The Association Agreement has continued to work in a satisfactory manner.” [71a] (p5)
3.05 As noted in the UK Foreign and Commonwealth Office Human Rights Annual Report 2006, released in October 2006, “Implementing the new penal code, which came into force on 1 June 2005, has been a priority for the Turkish government in 2005–06. It has also been working to bring the Turkish penal system more closely into line with EU models. Positive progress was made in fighting torture, with the number of incidents of serious torture reported by NGOs close to zero.” [4n] (p135)
3.06 The Law on Enforcement of Sentences, which entered into force on 1 June 2005, brings clarity to this area by replacing numerous regulations which previously governed the enforcement of sentences. (EC 2005 report) [71d] (p16) As noted in the EC 2006 report “Continued progress can be reported on the efficiency of the judiciary. As regards implementing measures, in January 2006 the Ministry of Justice updated all existing circulars through the issuing of some 100 new ones mainly targeting public prosecutors. The move aimed at creating a clearer and more concise framework for the implementation in particular of the New Code of Criminal Procedure and the Law on the Enforcement of Sentences.” [71a] (p58)
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3.07 As recorded by the Office of the Prime Minister of Turkey “The sixth European Union (EU) package increased sentences handed down to those who commit crimes of ‘honor’ from eight year to 12 year imprisonment”. [36c] (p1)
3.08 In an article published on the Netherlands Ministry of Foreign Affairs website it was noted that:
“The decision to start negotiating has done away with a great deal of psychological and political uncertainty about whether Turkey can be considered part of Europe. The reforms undertaken in Turkey in the past two years have been truly impressive. The EU wants to ensure reform will continue. The prospect of EU membership is already transforming Turkey, and the country’s accession will likewise profoundly affect the EU. Turkey’s accession will also strengthen the EU’s political and military capacity to fight terrorism and promote international peace and stability.” [2c]
3.09 As noted in the ‘General evaluation’ section of the EC 2005 report, “Political transition is ongoing in Turkey and the country continues to sufficiently fulfil the Copenhagen political criteria. However, the pace of change has slowed in 2005 and implementation of the reforms remains uneven. Although human rights violations are diminishing, they continue to occur. Turkey’s commitment to further political reforms should be translated into more concrete achievements for the benefit of all Turkish citizens regardless of their origin.” [71d] (p41)
3.10 The 2006 EC report however noted that certain provisions of the Penal Code have been used to restrict the expression of non-violent opinions:
“This is particularly the case for Article 301 which penalises insulting Turkishness, the Republic as well as the organs and institutions of the state. Although this article includes a provision that expression of thought intended to criticise should not constitute a crime, it has repeatedly been used to prosecute non violent opinions expressed by journalists, writers, publishers, academics and human rights activists.” [71a] (p14)
3.11 The EC 2006 report continued:
“Turkey has not fully implemented the Additional Protocol extending the EC-Turkey Association Agreement to the ten Member States that acceded on 1 May 2004, which it had signed in July 2005 and which enabled the accession negotiations to start. Turkey has continued to deny access to its ports to vessels flying the Republic of Cyprus flag or where the last port of call is in Cyprus.” [71a] (p25)
3.12 The EC 2006 report also stated that:
“Turkey’s approach to minority rights remains unchanged. According to the Turkish authorities, under the 1923 Treaty of Lausanne, minorities in Turkey consist exclusively of non-Muslim religious communities. The minorities associated in practice by the authorities with the Treaty of Lausanne are Jews, Armenians and Greeks. However, there are other communities in Turkey which, in the light of the relevant international and European standards, could qualify as minorities.” [71a] (p20)
3.13 The EC 2006 report further noted that:
“Although the mandatory indication of religious affiliation in some personal documents, such as ID-cards, was abolished in April 2006, such documents still include information on religion, leaving open the potential for discriminatory practices. This is an area of concern.” [71a] (p16)
3.14 The UK Foreign and Commonwealth Office (FCO) Human Rights Annual Report 2006, released in October 2006, further noted that:
“On 3 October 2005, the EU opened negotiations with Turkey for full membership. EU leaders agreed that Turkey had succeeded in bringing into force six specific pieces of legislation and that it sufficiently fulfilled the Copenhagen Criteria, including the requirement for the ‘stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities’. Since negotiations started, the Turkish government has continued to move the political reform process forward.” [4n] (p135)
Recent Developments
Terrorism in 2006
4.01 Travel advice issued by the Foreign and Commonwealth Office, updated on 14 August 2006, reported that:
“There is a high threat from terrorism in Turkey. We believe that international terrorist groups, as well as indigenous ones, are currently active in Turkey. On 28 August 2006, a series of explosions in the Aegean coastal resort of Marmaris and the Mediterranean resort of Antalya resulted in a number of casualties. In Marmaris, 21 people were injured, including 10 British nationals. In Antalya three people were killed and at least 30 injured; foreign nationals were amongst the wounded. On 27 August, an explosion in the Istanbul suburb of Bagcilar (European side) left six people injured and on 30 August 2006, an explosion in the GaziMahallesi district of the Mediterranean coastal city Mersin injured one person; no foreign nationals were involved in either.”
Examples of terrorist incidents include:
 On 14 August 2006, an explosion in the Sultanahmet district on the European side of Istanbul injured three people. No foreign nationals were involved.

 On 12 August 2006, an explosion in the Kumpaki district on the European side of Istanbul injured five people. No British nationals were involved.

 On 4 August 2006, twin explosions in Adana, on the Mediterranean coast, injured 17 people. No foreign nationals were involved.

 On 25 June 2006, an explosion in Manavgat, east of the southern coastal resort of Antalya, killed four people, including three foreign nationals, and injured several more.

 On 15 June 2006, an explosion in the Eminonu district on the European side of Istanbul injured four people. No British nationals were involved.

 On 5 April 2006, an explosion in Buyukcekmece, an outer suburb of European Istanbul, injured two people and caused damage to a building housing the governing political party. [4j]

4.02 The BBC World news reported on 4 September 2006 that:
“Two people have been killed in a bomb explosion at an outdoor cafe in south-east Turkey, police say. At least seven people were injured in the blast, which hit the tea garden in the town of Catak in Van province, near the border with Iran. A separatist militant group, the Kurdistan Freedom Falcons (TAC), had said it carried out those attacks. It warned on its website on Tuesday that it would turn ‘Turkey into hell’.” [66e] On 29 August 2006 the BBC further reported that “Turkish police say they are hunting two suspects over an explosion in the resort town of Antalya that left three dead and hurt at least 20 on Monday.” [66l]
4.03 The Turkish Daily News reported on 4 September 2006 that:
“Separatist Kurdish terrorists killed eight Turkish soldiers and wounded two others in stepped-up attacks against military units along the Iraqi and Iranian borders and elsewhere in southeastern Turkey over the weekend, with Sunday dominated by funerals taking place around the country. The Kurdistan Workers' Party (PKK) detonated a remote-controlled bomb planted near an outpost in the town of Güçlükonak, Şırnak province, killing a lieutenant, a reserve officer and a private on Friday. In an overnight attack further east, terrorists attacked an outpost in the town of Çukurca, Hakkari province, killing two soldiers and wounding two others. Both Şırnak and Hakkari are close to the Iraqi border.” [23d]
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Constitution

5.01 The ‘Introduction to Turkish law’ (1996), by Ansay and Wallace, states:
“The principal characteristics of the state have been described in Articles 1 through 3 of the Constitution. Article 1 states that ‘the State of Turkey is a Republic’. Article 2 describes the characteristics of the Republic as ‘a democratic, secular, and social state governed by the rule of law, in accordance with the concept of social peace, national solidarity, and justice; respectful of human rights, committed to Atatürk nationalism, and based on the fundamental principles set forth in the Preamble’. Finally, according to Article 3, ‘the Turkish State is an indivisible whole with its territory and nation. Its language is Turkish. Its flag is composed of a white crescent and star on a red background, in the manner prescribed by law. Its national anthem is the ‘Independence March’. Its capital is Ankara’. Provisions contained in the first three articles are specially protected by Article 4 of the constitution according to which Articles 1, 2 and 3 shall not be amended, nor shall their amendment be proposed.” [64] (p27)
5.02 As recorded in Europa World online (website accessed on 11 July 2006) “Amendments approved by the [Grand National] Assembly in May 2004 included guarantees of equal rights between men and women, the removal of references to capital punishment, and the abolition of State Security Courts.” [1e] (Turkey: The Constitution)
5.03 Amnesty International’s report ‘Europe and Central Asia Summary of Amnesty International’s Concerns in the Region January-June 2004’ published on 1 September 2004 stated that:
“An important alteration to Article 90 of the Constitution placed international conventions above domestic law; this means that where there is a contradiction between the provisions of domestic law and an international agreement, international standards will take precedence. The impact of this measure was already beginning to be reflected in certain Court of Appeal decisions in subsequent months. A further amendment to Article 38 of the Constitution provided for extradition orders to be complied with in those cases which fell under the provisions of the International Criminal Court (ICC); although Turkey is not yet a signatory to the ICC Statute, this paves the way for it to become a party. All provisions in the Constitution (in Articles 15, 17, 38 and 87) relating to the death penalty were removed.” [12l] (p90-9)
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Political System
Introduction
6.01 As recorded by the Office of the Prime Minister of Turkey in November 2005:
“Legislative authority is vested in the Turkish Grand National Assembly (TGNA). The TGNA is composed of 550 deputies. Parliamentary elections are held every five years. Deputies represent the entire nation and before assuming office, take an oath, the text of which is included in the Constitution. The duties and authority of the TGNA are outlined as follows: to adopt, amend and abrogate laws, to supervise the Council of Ministers and ministers, to give authority to the Council of Ministers to pass decrees with the power of law, to adopt the budget and final account draft laws, to ratify the printing or minting of currency, to make decisions for declaring war, martial law or emergency rule, to approve the signing of international agreements and to make decisions for declaring general or special amnesties.” [36i] (Section on Legislature)
6.02 As further recorded in the section ‘Political structure of Turkey’:
“The executive branch in Turkey has a dual structure. It is composed of the President of the Republic and the Council of Ministers... The President of the Republic is the Head of the State... The President is elected for a seven year term by a two thirds majority of the full membership of the TGNA... A President cannot be elected for a second term in office. The President of the Republic has functions and authority related to the legislative, executive and judicial fields. His/her functions in the legislative fields are to convene the TGNA when necessary, to publish laws and when deemed necessary, to send them back to the Parliament for discussion, to hold a referendum in Constitutional amendments when he/she considers it necessary, to file suit with the Constitutional Court claiming a violation of Constitutional law, to issue decrees with the power of law and regulate the internal workings of the Parliament and to decide when new TGNA elections are necessary. The executive duties of the President are: to appoint or accept the resignation of the Prime Minister, to appoint or dismiss Ministers in the event that he deems it necessary, to chair meetings of the Council of Ministers or summon the Council to meet under his chairmanship, to appoint accredited envoys to represent the Turkish State abroad and receive representatives of foreign states, to ratify and publish international agreements, to act as the Commander in Chief of the Turkish Armed Forces, to appoint the Chief of General Staff, to convene the National Security Council and to chair meetings of the Council, to proclaim martial law or impose a state of emergency by a decree to be decided by the Council of Ministers meeting under his chairmanship, and to issue decrees with the power of law, to approve decrees as signatory, to commute or pardon the sentences of certain convicts on the grounds of old age, chronic illness or infirmity, to appoint the members and President of the State Auditory Council, to conduct investigations, enquiries and research through the State Auditory Council, to select the members of the Higher Education Council, and to appoint University Chancellors. Duties and authority of the President related to the judiciary are to appoint: members of the Constitutional Court, one fourth of the members of the Supreme Court of Appeals, members of the Supreme Military Appeals Tribunal, members of the Supreme Council of Judges and Public Prosecutors. No appeal may be made to any legal body, including the Constitutional Court, against decrees and presidential orders signed directly by the President of the Republic. The President of the Republic may be impeached for high treason.” [36i] (Section on Executive)
6.03 ‘Political structure of Turkey’ also recorded that:
“The Council of Ministers consists of the Prime Minister, designated by the President of the Republic from members of the TGNA, and various ministers nominated by the Prime Minister and appointed by the President of the Republic. Ministers can be dismissed from their duties by the President or upon the proposal of the Prime Minister when deemed necessary. When the Council of Ministers is formed, the government’s program is read at the TGNA and a vote of confidence is taken...The fundamental duty of the Council of Ministers is to formulate and to implement the internal and foreign policies of the state. The Council is accountable to the Parliament in execution of this duty. The Constitution also includes national defense in the section related to the Council of Ministers. The Office of the Commander-in-Chief, the Office of the Chief of the General Staff and the National Security Council form the authorative organizations for national defense...The Prime Minister is responsible for ensuring the Council of Ministers functions in a harmonious manner. He/she supervises implementation of government policy. The Prime Minister is the de facto head of the executive branch. Each Minister is accountable to the Prime Minister who in turn ensures that Ministers fulfill their functions in accordance with the Constitution and its laws.” [36i] (Section on Executive)
6.04 The US State Department Report (USSD) 2005, published on 8 March 2006, noted that:
“The law provides citizens with the right to change their government peacefully, and citizens generally exercised this right in practice through periodic free and fair elections held on the basis of universal suffrage. However, the government restricted the activities of some political parties and leaders.” [5b] (Section 3)
6.05 The Europa Regional Surveys of the World ‘The Middle East and North Africa 2005’ recorded that legislation enacted in March 1986 required that in order to take part in an election a political party must have organisations in at least 45 provinces, and in two-thirds of the districts in each of these provinces. Europa further noted that “A political party is recognized by the Government as a legitimate parliamentary group only if it has at least 20 deputies in the Grand National Assembly.” [1d] (p1193) “Following the November 3 [2002] elections, the Justice and Development Party (AKP) received 363 seats in the 550-seat assembly. Only one other party, the Republican People’s Party (CHP), exceeded the 10% vote threshold to enter parliament.” (Political Structure of Turkey, November 2005) [36i]
National Security Council (MGK) or (NSC)
6.06 As recorded in ‘Political Structure of Turkey’:
“The National Security Council consists of the Prime Minister, the Chief of the General Staff [the army], the Minister of National Defense, the Minister of Interior, the Minister of Foreign Affairs, the Commanders of the Army, Navy and the Air Force and the General Commander of the Gendarmerie. The NSC makes decisions related to the determination, establishment and application of national security policy. The Council of Ministers gives priority to National Security Council decisions where measures deemed necessary for the preservation of the existence and independence of the state, the integrity and indivisibility of the country and the peace and security of the society are concerned.” [36i] (Section on Executive)
6.07 The European Commission Turkey 2006 Progress Report noted that:
“There has been progress concerning the competence of military courts to try civilians. Under the law amending the relevant provisions of the Military Criminal Code as adopted in June 2006, no civilian will be tried in military courts in peacetime unless military personnel and civilians commit an offence together. The new law also introduces the right of retrial in military courts. Accordingly, if there is an ECtHR decision in favour of military or civilian persons who have been tried before military courts, they can ask for a retrial. The National Security Council (NSC) has continued to meet on a bi-monthly basis in line with its revised role.” [71a] (p7)
6.08 The US State Department Report (USSD) 2005, published on 8 March 2006, noted that:
“The law prohibits the government from issuing orders or recommendations concerning the exercise of judicial power; however, the government and the National Security Council (NSC), an advisory body to the government composed of civilian government leaders and senior military officers, periodically issued announcements or directives about threats to the government, which could be interpreted as general directions to the judiciary.” [5b](Section1e)

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Local Government
6.09 The Library of Congress Federal Research Division in their January 2006 country profile of Turkey state that “Turkey is divided into 81 provinces (il), which in turn are divided into districts (ilce) and sub-districts (bucak). Provinces have an average of eight districts each. Sixteen large metropolitan municipalities, about 3,200 smaller towns, and about 50,000 villages have their own local governments.“ [110]
6.10 The Library of Congress 2006 report further noted that:
“These provinces are administered by governors (vagi), who are appointed by the Council of Ministers with the approval of the president. The governors function as the principal agents of the central government and report to the Ministry of Interior. Districts are administered by sub-governors. Provinces, districts, and local jurisdictions also have directly elected councils. Although local jurisdictions have gained political powers since 1980, the system remains highly centralised. The national government oversees elected local councils in order to ensure the effective provision of local services and to safeguard the public interest; the minister of interior is empowered to remove from office local administrators who are being investigated or prosecuted for offences related to their duties. Several ministries of the national government have offices at the provincial and district levels. An autonomous local administration exists at the level of municipalities (belediye), which elect a mayor and a municipal council. In the villages (köy derneg), the village assembly elects a council of elders (ihtiyar meclisi) and a village headman (muktar).” [110]
6.11 As noted in a letter from the British Embassy in Ankara to the Home Office, dated 14 September 2005:
“I am responding to a Home Office request for further information on Muhtars in Turkey and any computer system they might use. Muhtars are the elected heads of villages or small towns who are responsible for local administrative matters (e.g. recording births and registering names and addresses of newcomers to their village). Together with my colleague [name omitted], I recently visited two Muhtars’ offices in north eastern Turkey. Both Muhtar offices were very basically equipped and there was no evidence of any kind of computer equipment. In one village, local people told us that they had been without electricity for a year. (Turkish NGOs report that lack of infrastructure, including electricity, is still a problem in outlying areas of Turkey.).” [4g]
6.12 As reported by the Turkish Statistical Institute in their News Bulletin number 19, published on 31 January 2006:
“According to the results of Municipal Web Services Research which was carried out for the first time by Turkish Statistical Institute, among the 662 municipalities with population above 10000, 99% of them have internet access and 82 % of them have intranet. 64 % of the above mentioned municipalities have web sites, while 24 % of the ones which do not have web sites are planning to have a web site in a year.” [89b]
6.13 As noted in a letter from the British Embassy in Ankara to the Home Office, dated 6 April 2006:
“I am responding to your request for additional information on Muhtars in Istanbul and any computer system they may use. The Istanbul Security Directorate is running a Muhtar computer project which aims to eventually administer the work of all Muhtars from one center. The project began about a year ago and should be completed within a further year. 100 of the 956 Muhtars in Istanbul are currently using the system. Our Consulate in Istanbul was given this information by project administrators at the Istanbul Security Directorate.” [4k]
6.14 As noted in the European Commission 2005 report:
“The Law on Municipalities was first adopted in 2004 and then vetoed by the President. Subsequently it entered into force in July 2005 with minor amendments.” [71d] (p11-12) The 2006 EC report, however, stated that “No progress has been made in adopting the Framework Law on Public Administration, which was vetoed by the President in 2004. As a result, the devolution of central government powers to local administrations was hampered.” [71a] (p7)
6.15 As noted in the European Commission 2006 report:
“The Law on the Associations of Local Governments was amended in January 2006. This allows villages, municipalities and special provincial administration to undertake joint projects. The expenditure and budgets of the joint projects became exempt from the Court of Accounts audit. This is not in line with the principles of external audit.” [71a] (p7)