Doc. 8964

1 February 2001

Turkey and the European Court of Human Rights

Written Question No. 390 to the Committee of Ministers

by Mr Jurgens and others

      Considering that since 1996 the European Court of Human Rights has delivered a great number of judgments against Turkey, finding serious breaches of the European Convention on Human Rights due to homicides, torture, destruction of property, deficient domestic remedies etc;

      Considering that, notwithstanding Turkey’s obligation to respect these judgments, including erasing the consequences of the violations found and preventing new violations, the great majority of them still remain largely or totally unexecuted, and in particular that:

-       no amendment of the Code of Criminal Procedure has yet been made to ensure the systematic presentation of the detailed person to a judge within four days after apprehension;

-       no effective domestic judicial remedy is yet available against the members of the security forces who still enjoy de facto immunity, even where exceptionally found guilty of abuses; in addition, no significant reorganisation of the security forces’ training has been undertaken to prevent new violations;

-       no remedial action has been taken to erase the unjustified interference with the applicant’s right to freedom of expression and political freedom, so that many applicants continue to suffer undue restrictions of their civil and political rights; furthermore, no important legislative amendments have improved the freedom of speech and the political freedom so as to prevent new similar violations in future, nor have the domestic courts changed their practice so as to respect the Convention;

-       Turkey clearly refuses to pay just satisfaction or to take any other measures to comply with the Loizidou judgment, regarding a continuing violation of the right to peaceful enjoyment of possessions in northern Cyprus;

Noting that despite the time which has elapsed since all these judgments by the European Court, the repeated appeals to Turkey by the other European governments in the Committee of Ministers, and even a clear summons to comply with the Loizidou judgment, remain without effect;

Stressing that such a vast and persistent disregard by a member state for the European Court’s judgments raises a major political problem which should be addressed thoroughly by all responsible bodies of the Council of Europe, in particular by the Committee of Ministers in accordance with its responsibilities under the Convention and the Statute of the Organisation, and indeed by the governments of the member states,

To ask the Committee of Ministers,

What short-term strategy the Committee envisages vis-à-vis Turkey to ensure that it rapidly complies with all the judgments of the European Court and thus satisfies its basic obligation under the European Convention on Human Rights and the Statute of the Council of Europe.

Signed¹:

Jurgens, Netherlands, SOC

Asciak, Malta, EPP/CD

Clerfayt, Belgium, LDR

Demetriou, Cyprus, EPP/CD

Dimas, Greece, EPP/CD

Holovaty, Ukraine, LDR

Jaskiernia, Poland, SOC

McNamara, United Kingdom, SOC

Nabholz–Haidegger, Switzerland, LDR

Stoisits, Austria, SOC

Wohlwend, Liechtenstein, EPP/CD

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