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19 September 1995
Doc. 7385
REPLY
from the Committee of Ministers
to Written Question No. 361
by Mrs PAPANDREOU
on human rights in Turkey
and persecution of Turkish writer Yaşar Kemal
I. Written Question No. 361 (27 April 1995, Doc. 7300)
Mrs PAPANDREOU,
1. Noting that one of the most famous writers of modern Turkey, Yaşar Kemal, has been prosecuted for publishing an article recently (in the German weekly Der Spiegel and in a book published in Turkey by 21 Turkish intellectuals, including Yaşar Kemal and Asiz Nesin, under the title "Freedom of thought in Turkey") in which he denounced the "policy of oppression against the Turkish people and the Kurds of Turkey, followed by the Turkish state in the last seventy years";
2. Noting that "Freedom of thought in Turkey" was confiscated by the Turkish authorities immediately after it was published;
3. Noting that according to a press release from the Turkish Union of Human Rights there was an increase in incidents of violation of human rights in Turkey in March 1995 (for example, 1227 detentions, 127 arrests, 40 missing persons while in custody, 29 cases of torture, 358 people killed in clashes, 18 confiscations of publications, 166 imprisonments of intellectuals, unionists, editors, journalists, scientists or leading members of non-governmental organisations dealing with human rights);
4. Taking into account that the Council of Europe is the most competent forum for addressing a sensitive issue of this nature and making effective and urgent decisions accordingly,
5. To ask the Committee of Ministers,
What action it is going to take on Turkey's systematic policy and practice of violation of human and minority rights (for example, freedom of expression) and on Yaşar Kemal's case in particular, at a time when the situation of human rights in this country is seriously deteriorating.
II. Reply from the Committee of Ministers (14 September 1995)
1. The Committee of Ministers has taken note of the Honourable Member's Written Question No. 361.
2. In its interim reply of 22 June 1995 to Parliamentary Assembly Recommendation 1266, the Committee of Ministers stated that it shared the concern of the Assembly regarding the human rights situation in Turkey. It also informed the Assembly that it had opened a dialogue on the subject in the light of detailed information from the Turkish Government.
3. In that context, reference was made, on the one hand, to certain constitutional and legislative provisions enabling criminal charges to be brought against persons based on the expression of opinions and ideas and, on the other hand, the fundamental right to freedom of expression embodied in Article 10 of the European Convention on Human Rights.
4. The Committee of Ministers has taken note of the Turkish Government's initiatives to prepare constitutional and legislative revision which would make it possible to fix the limits of criminal charges based on the expression of opinions and ideas in conformity with Article 10 of the European Convention on Human Rights. As indicated in its interim reply, the Committee of Ministers expects that the Turkish Grand National Assembly will be in a position to adopt the relevant reforms to that end. The reform measures recently approved by that Assembly are an encouragement.
5. Concerning the human rights situation generally in Turkey, the Committee of Ministers is following closely the completion by Turkey of reforms aiming at consolidating democracy and strengthening the protection of human rights as soon as possible. As indicated in its interim reply to Assembly Recommendation 1266, it has expressed its willingness to intensify the dialogue begun with Turkey on all these issues in a constructive and co-operative spirit, in order to achieve this aim.
6. With regard to persons prosecuted on the basis of the existing legal provisions, and particularly with regard to the case of Yaşar Kemal referred to in the question tabled by the honourable Member, the Committee of Ministers expects that the aforementioned constitutional and legislative revision will lead to positive consequences for such persons.
7. The Committee of Ministers would finally like to recall the content of its replies to Written Questions Nos. 356, 359 and 360. Victims of violations of the rights and freedoms guaranteed by the European Convention on Human Rights which have been allegedly committed by a Contracting State, may avail themselves of the possibility of lodging a complaint before the judicial organs set up by the Convention.