Doc. 9776

10 April 2003

Continued detention of six members of the Turkish Grand National Assembly belonging to the DEP Party

Written question No 426 to the Chairman of the Committee of Ministers

presented by Mr Jurgens

      Considering Assembly Resolution 1030 (1994) on the arrest and detention of six members of the Turkish Grand National Assembly, belonging to the DEP Party,

      Welcoming the new trial granted by Turkey to former Kurdish parliamentarians in response to the judgment of the European Court of Human Rights of 17 July 2001 which found the original trial to be unfair (Sadak, Zana, Dilce and Dogan judgment),

      Regretting nonetheless that the execution of the original prison sentence imposed in the unfair proceedings has not been suspended and that the applicants therefore remain in prison,

      Noting furthermore that according to the current legislation, the reopening of domestic proceedings in cases where the Court of Human Rights has found a violation is not possible for judgments which become final after 4 February 2003,

      Mr Jurgens

To ask the Chairman of the Committee of Ministers

      If the Committee does not consider that to comply with the European Court judgment Turkey must suspend the execution of the unfairly imposed prison sentences in the Sadak and Zana case awaiting the new fair trial, and

      If the Committee deems it acceptable that the new Turkish legislation allowing the reopening of domestic proceedings is inapplicable to European Court of Human Rights judgments becoming final after 4 February 2003.

Signed ¹:

Jurgens, Netherlands, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group