Abdullah

Gül

Prime Minister of Turkey

Speech made to the Assembly

Monday, 27 January 2003

Mr President, Mr Secretary General, dear colleagues and friends and ambassadors, it is an honour and pleasure for me to be back in this Assembly. I was privileged to be a member of this body. I consider the Council of Europe to be a school for democracy, the rule of law and human rights. It contributed immensely to my political philosophy. In the 1990s, following the removal of dividing lines in Europe, I was part of the fact-finding missions to the candidate countries of the Council of Europe. We lived through the enlargement of the Council. I am happy to see those countries as fully-fledged members represented here.

Now, as the Prime Minister of my country, I have the opportunity to put into service the accumulation of the experience that I acquired as a member of this Assembly. I also consider the Council of Europe to be a permanent network for promoting and disseminating ideals of democracy, the rule of law and human rights. Last week, I was in Davos, where I participated in the World Economic Forum. I met many old friends from the Assembly. I was happy to share experiences in terms of the same ideals that we continue to serve.

I express my confidence in the members of the new Turkish parliamentary delegation to the Assembly, who are for the first time under the roof of the Hemicycle. I am sure that they will be strong advocates of the ideals and principles of the Council of Europe. Turkey highly values the work of the Council and its bodies. It has greatly benefited from the common norms and standards as it seeks to further its democracy.

My government, who took office following the November general elections, is committed to continue, and accelerate, the process. I can confidently say that my government is firmly committed to maintaining its reformist nature. We have already demonstrated our resolve. In the first two months of my government, we have already achieved the adoption of two reform packages. I should like to remind the Council that those were the first pieces of legislation to be adopted by the new parliament. I assure you of our determination to have the reforms fully reflected upon implementation. The comfortable majority granted to us by the Turkish people is a measure of that.

I should stress that the reformist nature of my government and the pace of reforms are particularly remarkable, given the growing tendency in some parts of the world to restrict fundamental rights and freedoms under the pretext of security concerns.

Allow me to be more specific. As a former member of the Assembly, I am well aware of the criticisms levelled against Turkey from this place. Many members have repeatedly underlined, among others, two important issues: torture and ill-treatment and execution of the judgments of the European Court of Human Rights. My government has announced a policy of zero tolerance of torture. In line with this approach, two weeks ago our parliament passed a legislative package proposed by my government, which brings about sweeping reforms for fighting torture. We have eliminated the often-criticised system of prior administrative permission for claims of torture and ill treatment. From now on, all charges of torture and ill treatment will promptly be brought before the Turkish courts. Moreover, the reform package also provides that sentences for the perpetrators of torture and ill treatment may no longer be deferred or converted into fines. I believe that these reforms will provide strong deterrents against torture and ill treatment.

I turn to the execution of judgments of the European Court of Human Rights. The previous Turkish Government introduced last year the right to retrial based on the judgments of the Court. However, its scope was rather limited. I take pleasure in informing you that last Thursday the Turkish Parliament adopted a draft bill proposed by my government, which will provide the right to retrial for all the judgments finalised by the Court. A finalised judgment of the Court will entitle the applicant to seek retrial at the court which heard the case in the first place. This is a major step in aligning Turkish legislation with European norms. It is yet another indication of the reformist nature of my government.

Another often-stated human rights criticism concerns restrictions on the properties belonging to religious minority foundations. I am pleased to inform you that last week my government promulgated a by-law that lifts these restrictions. This step testifies to the centuries-long traditions of the multiculturalism and religious tolerance of the Turkish people.

Turkey abolished the death penalty in August last year. Following that, my government signed Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms on 15 January. We are proceeding immediately with the ratification of Protocol No. 6. Europe thus becomes a continent free of the death penalty.

The state of emergency, which lasted close to three decades, was lifted totally by my government in the first week following the vote of confidence. With habeas corpus restored to the entire country, all Turkish citizens now enjoy the same legal guarantees.

We seek to complement domestic reforms by assuming new international commitments. We ratified the International Convention on the Elimination of All Forms of Racial Discrimination. Ratification of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights will soon follow. Turkey will thus become party to all the six major United Nations conventions.

In the medium term, my government will introduce to parliament comprehensive legislation aimed at bringing Turkish law into line with the highest democratic standards. To that end, we will introduce a new press act, a law on demonstrations and marches, a law on associations and a new penal code. We plan to transform state security courts into specialised tribunals that are mandated to fight against organised crime. We are finalising a draft bill which will compensate Turkish citizens for losses suffered owing to terrorism.

Our fundamental objective is to transform Turkey into a fully functioning European democracy. In the light of the ongoing international debate on the so-called clash of civilisations, popularised in the aftermath of 11 September, perfecting Turkish democracy will have significance beyond the borders of my country.

We will perfect our democracy with the participation and support of the Turkish public. Our people are increasingly insistent on broader reforms. We will actively collaborate with the non-governmental organisations, both Turkish and international. My government is committed to fulfilling completely the political criteria of the European Union to start membership negotiations as soon as possible.

In the light of these reforms, I urge the Assembly to evaluate Turkish achievements in the fields of democracy, the rule of law and human rights, and ask you to conclude the monitoring procedure for Turkey. It is obvious that Turkey does not deserve to be subject to the Assembly’s monitoring. My personal experience in the Assembly assures me that such a step will further strengthen our efforts in this regard.

As we meet here, the clouds of war are gathering in the Middle East. I believe that you all share our concern about the situation in Iraq. The peoples living in the region have so far suffered immensely. The region cannot and should not endure another armed conflict. My government is sparing no effort to prevent war: we are exploring all the possibilities to find a peaceful solution. I have visited several capitals to consult Iraq’s neighbours, and to coordinate our efforts. Last week, foreign ministers of six countries held a meeting in Istanbul, and agreed on a regional road map to avert war.

The prime responsibility for a peaceful solution lies with the Iraqi leadership. Iraq must co-operate fully with the United Nations and the UN inspectors. It must convince the international community that it has disarmed itself fully of weapons of mass destruction. That is the collective message that I bring you from all Iraq’s neighbours, and I believe that it is a message you share.

We all know that the UN inspectors will submit their report to the UN Security Council in a few hours. I firmly believe that the United Nations process must be followed to the end. In that process, Turkey can and should be seen as an agent conveying the European norms to the region with a view to establishing lasting peace.

Permit me to make some short remarks about the Cyprus issue. The two Cypriot parties are now engaged in serious detailed negotiations for a settlement based on the Annan plan. My government actively supports that process, and will extend all assistance to find an early solution. Our government continues to be fully committed to a just and viable comprehensive settlement in Cyprus. We are closer than ever to ending a forty-year struggle.

Cyprus is the common home of two peoples. To reach a viable and lasting solution, both parties must show respect for each other and try to meet each other’s concerns and sensitivities. We encourage the Turkish Cypriots to make substantial contributions to achieving an early settlement. Both parties should be encouraged to render the Annan plan mutually acceptable.

The work of the Council of Europe touches the daily lives of Turkish citizens in a variety of ways. By way of illustration, let me mention that homes have been built for earthquake victims with the support of the Council of Europe Development Bank; Turkish experts help to draft European conventions; we bring our experience to the Council in the field of intercultural dialogue. Turkey also contributes to the Council’s work in its cultural activities, among them Eurimages and the European Audiovisual Observatory. The cultural committees have always seen Turkey as a member which draws on its rich cultural heritage to bring new ideas to the new challenges of intercultural dialogue.

As a founding member, Turkey will continue to participate actively in the work of the Council. We in Turkey highly value your work in strengthening European stability, based on common democratic norms.

Dear friends, as a former member of this body, once more I wish you all the best in your deliberations.