EUROPEAN PARLIAMENT AMENDMENTS Committee on Foreign Affairs. PE v

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1 EUROPEAN PARLIAMT 2004 Committee on Foreign Affairs 2009 PE v AMDMTS Ria Oomen-Ruijten (PE v01-00) on Turkey's progress report 2008 AM\ doc PE v02-00

2 AM_Com_NonLegRE PE v /103 AM\ doc

3 1 Vural Öger, Pasqualina Napoletano, Metin Kazak, Emilio Menéndez del Valle, Richard Howitt, Luis Yañez-Barnuevo García, Marco Cappato Citation having regard to the Negotiating Framework for Turkey of 3 October 2005, having regard to the Negotiating Framework for Turkey's EU accession of 3 October 2005, 2 Emine Bozkurt, Véronique De Keyser, Inger Segelström Citation (new) having regard to its resolutions of 6 July and 13 February on women's role in social, economic and political life in Turkey, 3 Maria Eleni Koppa Citation 5 a (new) having regard to the Commission's communication of 5 November 2008 entitled "Enlargement Strategy and Main 1 OJ C 157 E, , p OJ C 287 E, , p. 174 AM\ doc 3/103 PE v02-00

4 Challenges "; 4 Maria Eleni Koppa Citation 5 b (new) - having regard to its resolutions of 6 July and 13 February on the role of women in Turkey in social, economic and political life, Or. el 5 Joost Lagendijk, Cem Özdemir Recital A A. whereas negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and open-ended process, A. whereas negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the shared objective of the negotiations is accession; whereas negotiations are an open-ended process the outcome of which cannot be guaranteed in advance, 6 Vural Öger, Pasqualina Napoletano, Metin Kazak, Evgeni Kirilov, Emilio Menéndez del 1 OJ C 157 E, , p OJ C 287 E, , p PE v /103 AM\ doc

5 Valle, Richard Howitt, Luis Yañez-Barnuevo García, Marco Cappato Recital A A. whereas accession negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and openended process, A. whereas accession negotiations with Turkey were opened on 3 October 2005 after unanimous approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for an open-ended process, with the shared objective of accession, 7 Béatrice Patrie Recital A A. whereas negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and open-ended process, A. whereas accession negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and openended process, with the shared objective of accession, 8 Josef Zieleniec, Michael Gahler, György Schöpflin, Nickolay Mladenov, Elmar Brok Recital A AM\ doc 5/103 PE v02-00

6 A. whereas accession negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and openended process, A. whereas accession negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and openended process which should strengthen economic, political and human ties of the EU with Turkey, 9 André Brie Recital A A. whereas negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and open-ended process, A. whereas negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and open-ended process, aspiring to full EU membership for Turkey, 10 Maria Eleni Koppa Recital A A. whereas negotiations with Turkey were opened on 3 October 2005 after approval A. whereas negotiations with Turkey were opened on 3 October 2005 after approval PE v /103 AM\ doc

7 by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and open-ended process, by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting process whose final objective is accession, Or. el 11 Hannes Swoboda, Jan Marinus Wiersma Recital A A. whereas negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and open-ended process, A. whereas accession negotiations with Turkey were opened on 3 October 2005 after approval by the Council of the Negotiating Framework, and whereas the opening of those negotiations is the starting-point for a long-lasting and openended process, 12 Vural Öger, Pasqualina Napoletano, Metin Kazak, Emilio Menéndez del Valle, Richard Howitt, Luis Yañez-Barnuevo García, Marco Cappato Recital B B. whereas Turkey has committed itself to reforms, good neighbourly relations and progressive alignment with the EU, and whereas these efforts should be viewed as an opportunity for Turkey itself to modernise, B. whereas Turkey has committed itself to reforms, good neighbourly relations and progressive alignment with the EU, and whereas these efforts should be viewed as an opportunity for Turkey itself to further modernise, AM\ doc 7/103 PE v02-00

8 13 Josef Zieleniec, Michael Gahler, György Schöpflin, Nickolay Mladenov, Patrick Gaubert, Jacques Toubon, Elmar Brok Recital C C. whereas full compliance with all the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, C. whereas full compliance with all the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, which should remain a community based on shared values, 14 André Brie Recital C C. whereas full compliance with all the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council, remains the basis for accession to the EU; C. whereas full compliance with all the Copenhagen criteria, in accordance with the conclusions of the December 2006 European Council, remains the basis for accession to the EU; 15 Vural Öger, Pasqualina Napoletano, Metin Kazak, Richard Howitt, Jo Leinen, Marco Cappato Recital C a (new) PE v /103 AM\ doc

9 Ca. whereas Turkey is recognised as a freely operating market economy; 16 André Brie Recital C a (new) Ca. whereas the European Union is confronted with enormous economic and social challenges which can only be met by developing a stronger feeling of solidarity and by concentrating efforts to promote the social cohesion of the Community and overcoming the demographic deficit; whereas all EU bodies must initiate a reorientation of EU policies to focus on these priority problems in a Union of 27 Member States; whereas preparations for Turkish accession will make the need for reform considerably more pressing, Or. de 17 Emilio Menéndez del Valle, Vural Öger Recital D D. whereas the Commission concluded that 2008 had been marked by strong political tensions, and that the Turkish government D. whereas the Commission concluded that 2008 had been marked by strong political tensions, as a result of which the Turkish AM\ doc 9/103 PE v02-00

10 had not, despite its strong mandate, put forward a consistent and comprehensive programme of political reforms, government had not, despite its strong mandate, put forward a consistent and comprehensive programme of political reforms, Or. es 18 Hannes Swoboda, Jan Marinus Wiersma Recital D a (new) Da. whereas Turkey has in 2008 played a positive role through active diplomacy in the South Caucasus, the Middle East and Afghanistan, promoting stability and mediating between parties; whereas the country s constructive role as a partner for peace represents a major positive contribution to Europe s influence in those regions, 19 Vural Öger, Pasqualina Napoletano, Metin Kazak, Evgeni Kirilov, Richard Howitt, Jo Leinen, Marco Cappato Recital F a (new) Fa. whereas the questioning of Turkey's EU membership perspective and public statements arguing against Turkey's accession are amongst the main reasons for the decrease in Turkish public support for, and the slowing-down of the reform process towards, accession, PE v /103 AM\ doc

11 20 André Brie Recital G a (new) Ga. whereas a modern, democratic and secular Turkey could play a constructive role in promoting understanding between civilisations, not least because of its special geographic situation as a country with seven neighbours two of them being Iraq and Iran and its position as a bridge between East and West, Islam and Christianity, 21 Alexander Graf Lambsdorff Paragraph 1 1. Is concerned to see in Turkey, for the third consecutive year, a continuous slowdown of the reform process, and calls on the Turkish government to prove its political will to continue the reform process to which it committed itself in 2005; 1. Is concerned to see in Turkey, for the third consecutive year, a continuous slowdown of the reform process, and calls on the Turkish government to prove its political will to continue the reform process to which it committed itself in 2005; stresses that such modernisation is first and foremost in Turkey's own interest and for the benefit of Turkish society as a whole; AM\ doc 11/103 PE v02-00

12 22 Richard Howitt, Vural Öger Paragraph 1 1. Is concerned to see in Turkey, for the third consecutive year, a continuous slowdown of the reform process, and calls on the Turkish government to prove its political will to continue the reform process to which it committed itself in 2005; 1. Is concerned to see in Turkey, for the third consecutive year, a continuous slowdown of the reform process, and calls on the Turkish government to prove its political will to continue the reform process to which it committed itself in 2005; highlights the opportunity provided in this respect by the period following local elections in March 2009; 23 Emilio Menéndez del Valle, Vural Öger Paragraph 1 1. Is concerned to see in Turkey, for the third consecutive year, a continuous slowdown of the reform process, and calls on the Turkish government to prove its political will to continue the reform process to which it committed itself in 2005; 1. Is concerned to see in Turkey, for the third consecutive year, a slowdown of the reform process as a result of internal political tensions, and urges the Turkish government to prove its political will and strive to continue the reform process to which it committed itself in 2005; Or. es 24 Vural Öger, Pasqualina Napoletano, Evgeni Kirilov, Richard Howitt, Luis Yañez- Barnuevo García, Emilio Menéndez del Valle, Jo Leinen, Marco Cappato Paragraph 2 PE v /103 AM\ doc

13 2. Is concerned by the ongoing polarisation within Turkish society and between the main political parties, which has deepened in the course of 2008 and has negatively affected the functioning of the political institutions and the process of reforms; 2. Is concerned by the ongoing polarisation within Turkish society and between the main political parties, which has deepened in the course of 2008 and has negatively affected the functioning of the political institutions and the process of reforms; stresses that this could create obstacles to a successful EU accession process; calls on the Turkish government to continue to adhere strictly to the secular principles and to refrain from any statements or signals which could be interpreted as being religiously motivated; recalls that the government should represent Turkish society as a whole; 25 Richard Howitt, Vural Öger Paragraph 3 3. Stresses that political reforms are at the heart of the reform process, and regrets that no comprehensive programme of political reforms has been adopted by the government; 3. Stresses that political reforms are at the heart of the reform process, and regrets that although domestic parliamentary debate continues on a number of reform issues, there is an absence of decisive action to both agree and implement a further programme of reforms; 26 Vural Öger, Pasqualina Napoletano, Evgeni Kirilov, Richard Howitt, Luis Yañez- Barnuevo García, Emilio Menéndez del Valle, Jo Leinen, Marco Cappato Paragraph 4 AM\ doc 13/103 PE v02-00

14 4. Urges the leaders of the political parties to seriously seek dialogue and to agree, in a spirit of compromise, on a reform agenda for the modernisation of Turkey towards a stable, democratic, pluralist and prosperous society, guided by respect for human rights and fundamental freedoms, and based on the rule of law; 4. Urges the leaders of the political parties to seriously seek dialogue and to agree, in a spirit of compromise, on a reform agenda for the modernisation of Turkey designed to enhance stability, democracy and prosperity, respect for human rights and fundamental freedoms, and on the rule of law; 27 Philip Claeys Paragraph 4 4. Urges the leaders of the political parties to seriously seek dialogue and to agree, in a spirit of compromise, on a reform agenda for the modernisation of Turkey towards a stable, democratic, pluralist and prosperous society, guided by respect for human rights and fundamental freedoms, and based on the rule of law; 4. Urges the leaders of the political parties to seriously seek dialogue and to agree, in a spirit of compromise, on a reform agenda for the modernisation of Turkey towards a stable, democratic, secular, pluralist and prosperous society, guided by respect for human rights and fundamental freedoms, and based on the rule of law; 28 Geoffrey Van Orden Paragraph 4 4. Urges the leaders of the political parties to seriously seek dialogue and to agree, in a spirit of compromise, on a reform agenda 4. Urges the leaders of the political parties to seriously seek dialogue and to agree, in a spirit of compromise, on a reform agenda PE v /103 AM\ doc

15 for the modernisation of Turkey towards a stable, democratic, pluralist and prosperous society, guided by respect for human rights and fundamental freedoms, and based on the rule of law; for the modernisation of Turkey towards a stable, democratic, secular, pluralist and prosperous society, guided by respect for human rights and fundamental freedoms, and based on the rule of law; 29 Hannes Swoboda, Jan Marinus Wiersma Paragraph 4 a (new) 4a. Asks the Council to unblock several chapters in order to give Turkey the chance to show its willingness to enhance the reform process; considers that it would be in the particular interests of both sides to open the energy chapter; 30 Geoffrey Van Orden Paragraph 5 5. Regrets that the initial effort to reform comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; calls on the Turkish government to resume its work on a new, civilian constitution which would place the protection of human rights and fundamental freedoms at its core, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are 5. Regrets that the initial effort to reform comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; regards the end of legal restrictions on the wearing of headscarves in public institutions as detrimental to Turkey as a secular society in which the position of women is fully respected; calls on the Turkish government to resume its work on a new, civilian constitution which would AM\ doc 15/103 PE v02-00

16 closely involved in this constitutive process; place the protection of human rights and fundamental freedoms at its core, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are closely involved in this constitutive process; 31 Philip Claeys Paragraph 5 5. Regrets that the initial effort to reform comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; calls on the Turkish government to resume its work on a new, civilian constitution which would place the protection of human rights and fundamental freedoms at its core, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are closely involved in this constitutive process; 5. Regrets that the initial effort to reform comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; calls on the Turkish government to resume its work on a new, civilian constitution which would place the protection of human rights and fundamental freedoms at its core and guarantee the separation of powers and the democratic and secular nature of the Turkish State, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are closely involved in this constitutive process; 32 Emilio Menéndez del Valle Paragraph 5 5. Regrets that the initial effort to reform 5. Regrets that the initial effort to reform PE v /103 AM\ doc

17 comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; calls on the Turkish government to resume its work on a new, civilian constitution which would place the protection of human rights and fundamental freedoms at its core, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are closely involved in this constitutive process; comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; calls on the Turkish government to resume its work on a new, civilian constitution which would place the protection of human rights and fundamental freedoms at its core, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are closely involved in this constitutive process; this is the only way of ensuring that the process extends to Turkish society as a whole and is successful; Or. es 33 André Brie Paragraph 5 5. Regrets that the initial effort to reform comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; calls on the Turkish government to resume its work on a new, civilian constitution which would place the protection of human rights and fundamental freedoms at its core, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are closely involved in this constitutive process; 5. Regrets that the initial effort to reform comprehensively the constitution resulted in dispute over the headscarf issue and generated further polarisation of society; calls on the Turkish government to resume its work on a new, civilian constitution ensuring equality for all which would place the protection of human rights and fundamental freedoms and social cohesion at its core, and urges the government to ensure that political parties and civil society, as well as ethnic and religious minorities, are closely involved in this constitutive process; AM\ doc 17/103 PE v02-00

18 34 Feleknas Uca Paragraph 6 6. Is concerned by the closure cases opened in 2008 against two parliamentary parties; emphasises the need to amend, as a matter of priority, the legislation on political parties so as to bring it fully into line with the case-law of the European Court of Human Rights and the recommendations of the Council of Europe's Venice Commission; 6. Is concerned by the closure cases opened in 2008 against two parliamentary parties; states that a closure would cause an escalation of tension in what is a sensitive political situation and would be a severe setback for the already fragile democracy; points out that banning the DTP would undermine the efforts to achieve a peaceful resolution of the Kurdish issue; emphasises the need to amend, as a matter of priority, the legislation on political parties so as to bring it fully into line with the case-law of the European Court of Human Rights and the recommendations of the Council of Europe's Venice Commission; 35 Hannes Swoboda, Jan Marinus Wiersma Paragraph 6 6. Is concerned by the closure cases opened in 2008 against two parliamentary parties; emphasises the need to amend, as a matter of priority, the legislation on political parties so as to bring it fully into line with the case-law of the European Court of Human Rights and the recommendations of the Council of Europe's Venice Commission; 6. Is concerned by the closure cases opened in 2008 against two parliamentary parties, especially the still pending case against the DTP; emphasises the need to amend, as a matter of priority, the legislation on political parties so as to bring it fully into line with the case-law of the European Court of Human Rights and the recommendations of the Council of Europe's Venice Commission; PE v /103 AM\ doc

19 36 Hannes Swoboda, Jan Marinus Wiersma Paragraph 6 a (new) 6a. Calls on the Turkish government to allow all parties competing in the March 2009 local elections to be represented within the electoral commission; 37 Feleknas Uca Paragraph 7 7. Regrets that no progress has been made on establishing full systematic civilian supervisory functions over the military and on strengthening the parliamentary oversight of military and defence policy; 7. Regrets that no progress has been made on establishing full systematic civilian supervisory functions over the military and on strengthening the parliamentary oversight of military and defence policy; calls on the government to investigate the background of the Aktütün case in conjunction with the responsibility of the Army General Staff for having failed to prevent the deaths of 17 soldiers; 38 Richard Howitt Paragraph 7 AM\ doc 19/103 PE v02-00

20 7. Regrets that no progress has been made on establishing full systematic civilian supervisory functions over the military and on strengthening the parliamentary oversight of military and defence policy; 7. Calls for further progress to be made on establishing full systematic civilian supervisory functions over the military and on strengthening the parliamentary oversight of military and defence policy; 39 Richard Howitt, Vural Öger Paragraph 8 8. Notes the progress made with regard to the development of a judicial reform strategy; points out, however, the urgent need for further systematic efforts enhancing the impartiality and professionalism of the judiciary, ensuring that members of the judiciary refrain from interfering in political debate and that they respect the standards of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); 8. Notes the progress made with regard to the development of a judicial reform strategy; points out, however, the urgent need for further systematic efforts enhancing the impartiality and professionalism of the judiciary, ensuring that members of the judiciary refrain from interfering in political debate and that they respect the standards of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR); welcomes and supports continuing Commission assistance to Turkey in this respect; 40 Hannes Swoboda, Jan Marinus Wiersma Paragraph 9 9. Regrets that no progress has been made 9. Regrets that no progress has been made PE v /103 AM\ doc

21 on establishing the Ombudsman's office; reiterates its calls for the Constitutional Court to proceed without delay to its final decision on the relevant legislation; on establishing the Ombudsman's office; reiterates its calls for the Constitutional Court to proceed without delay to its final decision on the relevant legislation; asks the Turkish government to redraft and decide on the law on establishing the Ombudsman as soon as possible after delivery of the decision of the Constitutional Court; 41 Philip Claeys Paragraph Welcomes the beginning of the trial against those accused of being members of the Ergenekon criminal organisation; encourages the authorities to continue investigations and to fully uncover the organisation's networks which reach into the state structures; is concerned about reports regarding the treatment of defendants in this case; urges the Turkish authorities to provide them with a fair trial and to adhere strictly to the principles of the rule of law; 11. Is concerned about statements in the Turkish press that the trial of certain individuals accused of involvement in an alleged plot to mount a coup against the government, and of aiding the clandestine terror group Ergenekon, is for the most part a frame-up coordinated by the AKP and a means enabling the government to suppress its political opponents; notes in this regard that the latest arrests took place just hours before the chief prosecutor of the Supreme Court of Appeals presented his oral arguments for banning the AKP; 42 Patrick Gaubert, Jacques Toubon, Paragraph 11 AM\ doc 21/103 PE v02-00

22 11. Welcomes the beginning of the trial against those accused of being members of the Ergenekon criminal organisation; encourages the authorities to continue investigations and to fully uncover the organisation's networks which reach into the state structures; is concerned about reports regarding the treatment of defendants in this case; urges the Turkish authorities to provide them with a fair trial and to adhere strictly to the principles of the rule of law; 11. Welcomes the beginning of the trial against those accused of being members of the Ergenekon criminal organisation; encourages the authorities to continue investigations and to fully uncover the organisation's networks which reach into the state structures; is concerned about reports regarding the treatment of defendants in this case; urges the Turkish authorities to provide them with a fair trial and to adhere strictly to the principles of the rule of law; also takes the view that the hypothesis of Ergenekon's involvement should be taken more seriously when considering other unsolved cases, such as the murder of Hrant Dink; Or. fr 43 Joost Lagendijk, Cem Özdemir Paragraph Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing non-violent opinions; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict non-violent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; is concerned by the frequent website bans, the extent of which draws 12. Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing their views on the basis of Article 301 and other articles of the Penal Code, the Anti-Terror Law or the Press Law; is concerned about the frequent banning of websites; recalls that further legislative reforms are needed to ensure full respect of freedom of expression, in law and in practice, in line with the European Convention on Human Rights and the case-law of the European PE v /103 AM\ doc

23 Turkey away from standards of a democratic, pluralistic society; Court of Human Rights; 44 Alexander Graf Lambsdorff Paragraph Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing non-violent opinions; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict non-violent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; is concerned by the frequent website bans, the extent of which draws Turkey away from standards of a democratic, pluralistic society; 12. Regrets that freedom of expression is still not fully protected in Turkey, is of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing non-violent opinions, such as the Sakharov Prize laureate Leyla Zana; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict non-violent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; 45 Richard Howitt Paragraph Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that 12. Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that AM\ doc 23/103 PE v02-00

24 the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing non-violent opinions; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict non-violent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; is concerned by the frequent website bans, the extent of which draws Turkey away from standards of a democratic, pluralistic society; the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people, including journalists and politicians, continue to be prosecuted for expressing non-violent opinions; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict nonviolent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; is concerned by the frequent website bans, the extent of which draws Turkey away from standards of a democratic, pluralistic society; supports Commission assistance designed to provide local prosecutors and judges with training on upholding freedom of expression; 46 André Brie Paragraph Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing non-violent opinions; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict non-violent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; is concerned by the frequent website bans, the extent of which draws 12. Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing non-violent opinions; reiterates that the deletion of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict non-violent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; is concerned by the frequent website bans, the extent of which draws PE v /103 AM\ doc

25 Turkey away from standards of a democratic, pluralistic society; Turkey away from standards of a democratic, pluralistic society; 47 Emilio Menéndez del Valle Paragraph Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing non-violent opinions; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict non-violent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; is concerned by the frequent website bans, the extent of which draws Turkey away from standards of a democratic, pluralistic society; 12. Regrets that freedom of expression and freedom of the press are still not fully protected in Turkey; is of the opinion that the amendment to Article 301 of the Penal Code, adopted in April 2008, was not sufficient, as people continue to be prosecuted for expressing opinions in a non-violent manner; reiterates that the repeal of Article 301 as well as a fundamental reform of the Penal Code is needed, together with a review of other laws used to arbitrarily restrict non-violent opinions, so as to ensure that freedom of expression is fully respected in line with ECHR standards; is concerned by the frequent website bans, the extent of which draws Turkey away from standards of a democratic, pluralistic society; Or. es 48 Alexander Graf Lambsdorff Paragraph 12 a (new) 12a. Is concerned about the fact that freedom of the press is still not AM\ doc 25/103 PE v02-00

26 guaranteed in Turkey; is especially concerned that lawsuits are brought to suppress publications that are critical of the government, and about the revocation by the government of the press accreditations of critical journalists; is concerned by the frequent banning of websites such as YouTube, the extent of which causes Turkey to diverge from the standards of a democratic, pluralistic society; 49 Vittorio Agnoletto Paragraph 12 a (new) 12a. Expresses deep concern over the use by Turkey of several articles, other than Article 301, of the Criminal Code to prosecute writers, journalists, intellectuals, lawyers and many other defenders of free speech, including Articles 215, 216 (incitement to hatred), 217, 220 (making propaganda for a criminal organisation) and 288 (attempt to influence a fair trial); calls on Turkey to remove all restrictions on freedom of expression; 50 Feleknas Uca Paragraph 12 a (new) PE v /103 AM\ doc

27 12a. Condemns the sentencing by a Turkish court of Sakharov Prize laureate Leyla Zana to 10 years in prison for having allegedly violated the Penal Code and the anti-terror law in nine different speeches; urges the Turkish government to ensure freedom of expression, and reiterates the need to repeal Article 301 and to undertake a fundamental reform of the Penal Code; 51 Maria Eleni Koppa, Béatrice Patrie Paragraph 12 a (new) 12a. Deeply regrets that Leyla Zana, a Kurdish politician, member of the former Democracy Party (DEP) and 1995 Sakharov Prize laureate, was convicted on 8 December 2008 to ten years in prison and was deprived of her political rights for alleged membership of a terrorist organisation, under Article 314 of the Turkish Penal Code; regards this as a fragrant violation of freedom of speech in the candidate country; 52 Patrick Gaubert, Jacques Toubon Paragraph 12 a (new) AM\ doc 27/103 PE v02-00

28 12a. Calls in this respect on the Turkish Minister of Justice swiftly to withdraw the charges made against all those who express non-violent opinions, such as Temel Demirer or Ahmet Altan and to acquit those who have already been sentenced in the first instance, such as Ragip Zarakolu; Or. fr 53 Frieda Brepoels Paragraph 12 a (new) 12a. Regards it as unacceptable that the Turkish Defence Minister should glorify the deportation policy pursued by the Turkish state in the first half of the twentieth century in a speech given at the Turkish embassy in Brussels on 10 November 2008 on the occasion of the seventieth anniversary of the death of Mustafa Kemal Ataturk; Or. nl 54 Alexander Graf Lambsdorff Paragraph Takes note of the apologies offered by the Minister of Justice Mehmet Ali Sahin 13. Is extremely concerned by continuing reports of excessive police force and PE v /103 AM\ doc

29 on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; torture in law enforcement; is deeply worried about the failure of the judiciary to uphold the rule of law and prosecute such cases in due process; takes note of the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and ill-treatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; 55 Feleknas Uca Paragraph Takes note of the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; 13. Takes note of the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; is concerned about the increasing number of cases of torture and disproportionate use of power by the police in dealing with public demonstrations in 2008; calls on the Turkish government to undertake further systematic efforts to eliminate torture and ill-treatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; AM\ doc 29/103 PE v02-00

30 56 Joost Lagendijk, Cem Özdemir Paragraph Takes note of the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; 13. Welcomes the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceber, who died in prison as a consequence of abuse, and the quick reaction of the judicial authorities; hopes that the court case brings to an end the culture of impunity; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; 57 Richard Howitt Paragraph Takes note of the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places 13. Welcomes the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places PE v /103 AM\ doc

31 of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; calls for particular attention to be paid in this respect to the policing of, and arrests made during, demonstrations; 58 Vural Öger, Pasqualina Napoletano, Marco Cappato Paragraph Takes note of the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; 13. Welcomes the apologies offered by the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; is concerned about cases of ill-treatment by the police; calls on the Turkish government to undertake further systematic efforts to eliminate torture and ill-treatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; 59 Emine Bozkurt, Véronique De Keyser, Inger Segelström Paragraph Takes note of the apologies offered by 13. Takes note of the apologies offered by AM\ doc 31/103 PE v02-00

32 the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceper, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; the Minister of Justice Mehmet Ali Sahin on behalf of the government to the family of Engin Ceber, who died in prison as a consequence of abuse; calls on the Turkish government to undertake further systematic efforts to eliminate torture and illtreatment, inside and outside official places of detention; stresses in this regard that ratification and implementation of the Optional Protocol of the UN Convention against Torture would increase considerably the credibility of these efforts; 60 Joost Lagendijk, Cem Özdemir Paragraph Welcomes the work done by the Human Rights Investigation Committee of the Turkish Grand National Assembly in its investigation of torture and ill-treatment in prisons and of the murder of journalist Hrant Dink; urges the Turkish authorities to follow up fully the findings of the Committee's reports; 14. Welcomes the work done by the Human Rights Investigation Committee of the Turkish Grand National Assembly in its investigation of torture and ill-treatment in prisons and of the murder of journalist Hrant Dink; urges the Turkish authorities to follow up fully the findings of the Committee's reports as well as the findings of the report of the Prime Ministerial Inspection Board; 61 Emine Bozkurt, Véronique De Keyser, Inger Segelström Paragraph 14 PE v /103 AM\ doc

33 14. Welcomes the work done by the Human Rights Investigation Committee of the Turkish Grand National Assembly in its investigation of torture and ill-treatment in prisons and of the murder of journalist Hrant Dink; urges the Turkish authorities to follow up fully the findings of the Committee's reports; 14. Welcomes the work done by the Human Rights Investigation Committee of the Turkish Grand National Assembly in its investigation of torture and ill-treatment in prisons and of the murder of journalist Hrant Dink; urges the Turkish authorities to follow up fully the findings of the Committee's reports; is concerned about breaches of the fundamental rights of homosexuals in Turkey and asks Turkey to combat all forms of discrimination in line with Article 13 of the EC Treaty, which requires equality for all regardless of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation; 62 Vural Öger, Pasqualina Napoletano, Metin Kazak, Evgeni Kirilov, Emilio Menéndez del Valle, Richard Howitt, Luis Yañez-Barnuevo García, Jo Leinen, Marco Cappato Paragraph Takes note of the Commission's assessment that the Law on foundations adopted in February 2008 addresses a number of outstanding property-related issues concerning non-muslim communities; urges the Turkish government to ensure that the law is implemented in line with the ECHR caselaw, and to tackle the so far unresolved issue of properties seized and sold to third parties as well as that of properties of foundations fused before the adoption of the new legislation; 15. Welcomes the adoption in February 2008 of the Law on foundations and appreciates the Commission's assessment that the Law on foundations addresses a number of outstanding property-related issues concerning non-muslim communities; urges the Turkish government to ensure that the law is implemented in line with the ECHR caselaw, and to tackle the so far unresolved issue of properties seized and sold to third parties as well as that of properties of foundations fused before the adoption of the new legislation; AM\ doc 33/103 PE v02-00

34 63 Joost Lagendijk, Cem Özdemir Paragraph Reiterates that a legal framework developed in line with the ECHR case-law is still needed so as to enable all religious communities to function without undue constraints, in particular as regards their legal status, training of clergy, election of their hierarchy, religious education and the construction of places of worship; encourages Turkish authorities, all political parties, civil society and the communities concerned to engage in creating an environment conducive to full respect for freedom of religion in practice; reiterates its call for the immediate re-opening of the Greek Orthodox Halki Seminary and the public use of the ecclesiastical title of the Ecumenical Patriarch; regrets also that the situation of the Alevis, in particular as regards education and places of worship, has not improved, and calls on the Turkish government to address their concerns without delay; 16. Reiterates that a legal framework developed in line with the ECHR case-law is still needed so as to enable all religious communities to function without undue constraints, in particular as regards their legal status, training of clergy, election of their hierarchy, religious education and the construction of places of worship; encourages Turkish authorities, all political parties, civil society and the communities concerned to engage in creating an environment conducive to full respect for freedom of religion in practice; reiterates its call for the immediate re-opening of the Greek Orthodox Halki Seminary and for the Ecumenical Patriarch to have the right use his ecclesiastical title on all occasions; welcomes the ongoing talks between the government and Alevi leaders on long-standing issues, such as Alevi places of worship and the setting-up of a memorial commemorating the Sivas massacre, and calls on the Turkish government to address their concerns without delay and to make state-run courses on religion non-compulsory; 64 Feleknas Uca Paragraph 16 PE v /103 AM\ doc