1.1.INTRODUCTION
The modern Turkish
Republic is founded on the principles of a peaceful foreign policy, secularism,
the rule of law, a pluralistic democratic system based on participation, and
fundamental human rights and freedoms.
The Turkish
Republic founded under the leadership of Atatürk underwent, in a short period
of time, sweeping reforms based on the contemporary system of values in all
spheres of social life. These reforms enabled the Turkish nation to participate
in the system of values shared by the European family of nations with which
this nation has a common history and geography.
As of the
proclamation of the Republic, Turkey established her legal and social order
according to Western norms; multiparty politics was introduced in 1946 and
major strides, first and foremost in the areas of the freedom of the press and
labour union rights, were taken towards an open and participatory social order.
Turkey placed the individual and the inalienable human rights and freedoms of
the individual at the very core of her efforts. Thus, a dynamic process of the
evolution of democracy and the legal order was set in motion in Turkey.
Since 1984, Turkey
has been fighting against separatist terrorism that has considerable external
support. This phenomenon has adversely affected the environment of democracy
and human rights, as well as the social and economic progress in Turkey.
Despite this threat, the Turkish Republic has maintained her national integrity
and unity, based on the equality of her citizens.
Economic policies
in Turkey have progressively moved from the state-led development model attuned
to the needs of the early years of the Republic towards first a mixed economic
system, and later on, a market economy, keeping in step with developments in
the international economic system. Despite the recent economic crises stemming
mainly from the financial structure, Turkey is currently going ahead with her
policies to further strengthen the rules and institutions of a free market
economy. In order to eliminate macro-economic instabilities, Turkey aims to
ameliorate the harmful effects of long-term inflation on the Turkish economy,
maintain public deficits at a sustainable level, realise structural reforms in
areas such as the financial and agricultural sectors and social security and
speed up privatisation. Turkey intends to meet the Copenhagen economic criteria
through the achievement of these objectives.
Turkey, a country
that contributes to the enhancement and reinforcement of peace, security,
stability and prosperity in international relations, will continue to develop
her relations with neighbouring countries on the basis of a peace-seeking
foreign policy. In this context, Turkey will continue to undertake initiatives
and efforts towards the settlement of bilateral problems with Greece through
dialogue; support the efforts of the UN Secretary General, in the
context of his good-offices mission aiming at a mutually acceptable settlement
with a view to establishing a new partnership in Cyprus based on the sovereign
equality of the two parties and the realities on the Island; act as a
model for the Turkic States and the Islamic world in their further development
on the basis of universal values; enhance, as a key actor, stability in the
Balkans, the Caucasus, Central Asia and the Middle East; contribute to the
ongoing rapprochement of Europe and Asia and hence, help extend contemporary
standards throughout Eurasia.
The Republic of Turkey
would like to share and is resolved to contribute to a peaceful and prosperous
future based on common universal values with the Member States of the EU.
The Turkish
Government regards EU membership as a new step forward, a milestone confirming
the founding philosophy of and Atatürk’s vision for the Republic.
For the Turkish
nation, conforming to contemporary values is a way of life and an ideal to be
pursued. Therefore, the Turkish nation is able and willing to assume the
significant duties and responsibilities entailed by the ideal of European
unification, drawing upon its centuries-old historical heritage and respect for
civilization. In this context, Turkey is fully resolved to adopt and implement
the EU acquis.
Turkey intends to
fulfil the Copenhagen criteria and complete the accession process, on
the basis of the fundamental principles of the Republic as articulated in the
Turkish Constitution. The basic ideals of EU membership are one and the same as
the ideals inherent in Turkey’s national identity. Therefore, membership in the
EU is a conscious choice for Turkey, promising new horizons in the nation’s
progress towards the highest contemporary standards. In this context, raising
the standards of education for all citizens for further alignment with those of
the EU Member States, both in terms of quality and quantity, will facilitate
the achievement of the objectives set out in the National Programme.
Turkey will accede
to all relevant international conventions and take the necessary measures for their
effective implementation for further alignment with universal norms manifest in
the EU acquis and the practices in EU Member States, particularly in the areas
of democracy and human rights. In fact, Turkey has already acceded to a
majority of the international conventions in these areas.
Turkey’s membership
in the EU will possibly be a symbol of the convergence of dynamic trends,
embracing aspirations for the harmonious co-existence of cultures and enriching
the spiritual fabric of the EU. In this context, a process that sustains
continuous cultural interaction between Turkey and the EU may well pave the way
for the common achievement of an higher moral and philosophical stature. This
process would enable both parties to help shape a brighter future in a more
stable and secure environment by encouraging positive developments in
political, economic and social spheres.
Turkey can assume a
fundamental role in the process of European unification through concrete and
distinct contributions that she can offer. The combined experiences and
strengths of Turkey and the EU will be a major advantage in meeting the
promising, but also challenging prospects of our era. It would thus be possible
to reap future benefits more fully by taking advantage of opportunities offered
today by global spiritual and material assets. Hence, through mutually
advantageous and beneficial contributions, Turkey and the European Union would
be better prepared for and capable of shaping the dynamics of the twenty-first
century, and would continue to work together in cooperation and solidarity for
the advancement and the development of their peoples and the international
community.
1.2. POLITICAL
CRITERIA
As of 2001, the
Turkish Government will speed up the ongoing work on political, administrative
and judicial reforms and will duly convey its legislative proposals to the
Turkish Grand National Assembly. The goal is to strengthen, on the basis of
Turkey’s international commitments and EU standards, the provisions of the
Constitution and other legislation to promote freedom; provide for a more
participatory democracy with additional safeguards; reinforce the balance of
powers and competences between State organs; and enhance the rule of law. In
the context of the reform process regarding democracy and human rights, the
review of the Constitution will have priority. The constitutional amendments
will establish also the framework for the review of other legislation.
The Turkish
Government will closely monitor progress in the country in the areas of human
rights, democracy and the rule of law, regularly evaluate the work underway for
harmonization with the EU acquis and will take all necessary measures to speed
up the ongoing work.
The Turkish Grand
National Assembly has already undertaken a substantial amount of work for the
reforms; the Inter-Party Constitutional Harmonization Commission is currently
working on amendments to the Constitution.
1.2.1 Freedom of
Thought and Expression
Further development
of the freedom of thought and expression in line with the EU acquis and the
practices in EU Member States is a priority for the Turkish Government. The
Turkish Constitution and relevant provisions of other legislation will be
reviewed in order to enhance the freedom of thought and expression, in the light
of the criteria referred to in Article 10 of the European Convention on Human
Rights and Fundamental Freedoms, including those concerning the territorial
integrity and national security, and on the basis of the basic principles of
the Turkish Constitution, in particular those concerning the secular and
democratic character of the Republic, national unity and the unitary state
model.
With a view to
enhancing the constitutional and legal guarantees of the freedom of expression,
in the short-term, the Turkish Government plans to:
·
review
the provisions of the Constitution on human rights and freedoms, in particular
those concerning the expression and the dissemination of ideas, the freedom of
science, the arts, and the press;
·
review
Article 312 of the Turkish Criminal Code, No. 765, without prejudice to values
protected therein;
·
review
articles 7 and 8 of the Anti-terrorism Act, No. 3713, with the same
understanding;
·
review
the Act on the Establishment of Radio and Television Enterprises and Their
Broadcasts, No. 3984;
·
review
the Act on Press, No. 5680, in relation to the scope of the offences and
penalties prescribed.
And in the medium
term, the Turkish Government plans to:
- review the Political Parties Act, No.2820;
- review the Act on the Duties and Competences of the
Police, No. 2559, and the relevant regulation; the Act on the Organization,
Duties and Competences of the Gendarmerie, No. 2803, and the relevant by-law;
and the Act on the Coast Guard Command, No. 2692, and the relevant regulation;
- review the Act on Cinema, Video and Musical Works,
No. 3257 and other relevant legislation;
- enact the new Turkish Criminal Code;
- undertake work for reimbursement of payments of
reparations from public officials who are found at fault, in the light of decisions
taken by the European Court of Human Rights.
1.2.2 Freedom of
Association and Peaceful Assembly and the Civil Society
Encouraging the
further development of civil society is a priority for the Turkish Government.
Strengthening the civil society will contribute to the development of democracy
in Turkey. Enhancement of the freedom of association and peaceful assembly is
expected to encourage individuals to become more actively involved in social
issues.
In this context, in the short term, the Turkish Government
plans to:
- enact the Draft Law on the Establishment and Working
Principles and Procedures of the Economic and Social Council;
- enhance constitutional safeguards for
non-governmental organizations and the institutions for social and economic
democracy;
- enact the Draft Law on Job Security.
And in the medium
term, the Turkish Government plans to:
- review any restrictions there may be on trade union
rights, and the relevant articles of the Constitution regarding the right to go
on strike on justifiable grounds;
- review trade union rights on the basis of ILO
Conventions Nos. 87 and 98 and of the European Social Charter;
- review the legislation on the freedom of association
and peaceful assembly.
A circular issued
by the Prime Ministry in August 1999 cautions against undue restrictions on
public employees who may wish to organize in trade unions and confederations,
and the activities thereof pending the enactment of the “Draft Law on Public
Employees’ Trade Unions”.
1.2.3 Fight
Against Torture
The Turkish
Government is determined to fight against torture. To this end, the Government
has strengthened legal and administrative measures, ranging from enhanced
training programmes on human rights to the thorough and timely investigation of
incidents of torture and prosecution of those responsible.
Recent measures
introduced in this context are as follows:
- A circular was issued by the Prime Ministry in June
1999 on the effective implementation of the Bylaw on Apprehension, Custody and
Interrogation and on the strict supervision of the implementation of this
Bylaw.
- In August 1999, provisions of the Turkish Criminal
Code on torture and inhuman or degrading treatment were amended so as to align
the definitions thereof with those in international conventions. Moreover,
sanctions were increased in general and criminal penalties were introduced for
health services personnel issuing falsified reports on incidents of torture.
- The Act on Prosecution of Civil Servants and other
Public Employees was amended in December 1999, thereby speeding up the
investigation and prosecution of public personnel.
In addition to the
Ministries concerned, the Human Rights Directorate of the Prime Ministry has
been authorised to undertake necessary measures for the prevention of incidents
of torture and inhuman or degrading treatment that may arise despite measures
already in force, which cannot be tolerated by the Government under any
circumstances.
A series of laws
and amendments are planned to enhance the fight against torture and inhuman or
degrading treatment. In this context, in the short term, the Turkish Government
plans to:
- review the Act on the Duties and Competences of the
Police, No. 2559, and the relevant regulation; the Act on the Organization,
Duties and Competences of the Gendarmerie, No. 2803, and the relevant bylaw;
and the Act on the Coast Guard Command, No. 2692, and the relevant regulation;
- undertake arrangements to modernize the Forensic
Medicine Institution.
And in the medium
term, the Turkish Government plans to:
- enact the new Turkish Criminal Code;
- enact the new Code of Criminal Procedure;
- explore the availability of financial resources for
training law-enforcement personnel for the prevention of human rights
violations and increase the use of technology to monitor places where incidents
of human rights violations continue to occur;
- introduce legal provisions on the joint and several
liability of perpetrators of torture.
1.2.4 Pre-Trial
Detention
In order to align
legal practices and procedures related to pre-trial detention with the
provisions of the Convention for the Protection of Human Rights and Fundamental
Freedoms and the decisions of the European Court of Human Rights, the
recommendations of the European Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment, and to attain uniformity
throughout the relevant Turkish legislation, in the medium term, the Turkish
Government plans to:
- review Article 19/6 of the
Constitution;
- enact the new Law on
Criminal Procedure;
- amend the Act on the
Establishment and Procedures of the State Security Courts, No. 2845.
1.2.5
Strengthening Opportunities to Redress the Consequences of Human Rights
Violations
The Turkish
Government, in the medium term, plans to:
- enact the new Code of Criminal Procedure;
- enact the Draft Law on the Indemnification of Losses
Resulting from Terrorism and the Fight Against Terrorism.
1.2.6 Training
of Law-enforcement Personnel and Other Civil Servants on Human Rights Issues
Work to intensify
training of law-enforcement personnel and other civil servants on human rights
issues is currently underway at all institutions concerned. The Turkish
Government will seek to intensify international cooperation in this area both
at bilateral and multilateral levels.
To this purpose, in
the short term, the Government plans to:
- undertake legal arrangements to extend education at
Police Academies from 9 months to 2 years;
- put into action, within the framework of the UN
Decade of Education for Human Rights, the Human Rights Education Project of the
Ministry of Interior and Its Affiliated Agencies (2000-2007);
- train law-enforcement personnel, within a period of
7 years, in the framework of a project developed under the 1997-2000 Police and
Human Rights Programme of the Directorate of Human Rights of the Council of
Europe.
Other measures in
this area are covered in the section on “Justice and Home Affairs”.
1.2.7 Improving
the Functioning and Effectiveness of the Judiciary, Including the State
Security Courts
The Turkish
Government accords particular importance to improved functioning and
effectiveness of the Judiciary. In the short term, the Government plans
to:
- review the constitutional provisions on the State
Security Courts and the Act on the Establishment and Procedures of the State
Security Courts, No. 2845;
- strengthen legal defence by introducing a
constitutional provision which will define this as one of the fundamental
elements of judicial process, and enact the Code on the Status of Attorney at
Law;
- review provisions which may be infringing upon the
independence of the Judiciary, and restructure the Supreme Council of Judges
and Public Prosecutors;
- undertake legal arrangements to modernise the
Forensic Medicine Institution;
- step up activities under the “Decade of Human Rights
Education” programme and seek further opportunities for the education and
training of Turkish judges and prosecutors in Member States of the European
Union and the Council of Europe;
- provide regular in-service training for Turkish
judges and prosecutors on human rights and the decisions of the European Court
of Human Rights.
And in the
medium term, the Turkish Government plans to:
- review, in the light of the experience gained in
implementation, the Act on Prosecution of Civil Servants and other Public
Employees, No. 4483;
- review the Military Penal Code, No.1632, the Act on
the Establishment and Procedures of Military Courts, No.353, and the Act on
Military Administrative High Courts, No. 1602;
- review the Act on the State of Emergency, No. 2935,
in the light of the relevant amendments to be made in the Constitution and
other legislation;
Other measures in
this area are covered in the section on “Justice and Home Affairs”.
1.2.8 Abolition
of the Death Penalty
According to the
Constitution of the Republic of Turkey, only the Turkish Grand National
Assembly is authorised to take the decision to enforce a final sentence of
capital punishment. The Turkish Government respects the practice of not
infringing upon the essence of the right to life, sustained by the Turkish
Grand National Assembly since 1984.
The abolition of
the death penalty in Turkish criminal law, its form and its scope, will be
considered by the Turkish Grand National Assembly in the medium term.
1.2.9 Cultural
Life and Individual Freedoms
The official
language and the formal education language of the Republic of Turkey is
Turkish.
This, however, does
not prohibit the free usage of different languages, dialects and tongues by
Turkish citizens in their daily lives. This freedom may not be abused for the
purposes of separatism and division.
1.2.10
Alleviating Regional Disparities to Increase Economic, Social and Cultural
Opportunities for All Citizens
The Government has
adopted a comprehensive strategy to alleviate regional disparities and increase
cultural and social opportunities for all citizens.
Since separatist
terrorist activities ongoing since 1984 have been effectively curbed, the
Turkish Government has undertaken a series of measures for economic and social
development. The implementation of this strategy is planned for the medium
term.
1.2.11 Full
Enjoyment by All Individuals without Any Discrimination and Irrespective of
Their Language, Race, Colour, Sex, Political Opinion, Philosophical Belief or
Religion of All Human Rights and Fundamental Freedoms; Freedom of Thought,
Conscience and Religion
Article 10 of the
Constitution prohibits all forms of discrimination, and adopts the principle of
equality of all citizens before the law.
In the short term,
in accordance with this principle, the Turkish Government plans to:
- conclude the UN Convention on the Elimination of All
Forms of Racial Discrimination;
- reinforce in the Constitution the principle that men
and women have equal rights;
- enact the Draft Turkish Civil Code which envisages
improvements in gender equality;
- enact the Draft Law on the Organisation of the
Directorate General on the Status and the Problems Women and Draft Law on the
Organisation of the Family Research Institution;
- conclude the ILO Convention Concerning the
Prohibition and Immediate Action for the Elimination of Worst Forms of Child
Labour (No.182) and put into effect the National Action Plan prepared in
cooperation with the ILO on this subject.
In the medium term,
the Turkish Government plans to:
- conclude the Optional Protocol to the UN Convention
on the Elimination of All Forms of Discrimination against Women;
- conclude Protocol No. 4 to the Council of Europe
Convention for the Protection of Human Rights and Fundamental Freedoms,
securing certain rights and freedoms other than those already included in the
Convention and in Protocol No.1;
- conclude Protocol No. 7 to the Council of Europe
Convention for the Protection of Human Rights and Fundamental Freedoms;
- conclude the European Social Charter (Revised) and
the Additional Protocol to the European Social Charter Providing for a System
of Collective Complaints;
- conclude Protocol No. 12 to the Council of Europe
Convention for the Protection of Human Rights and Fundamental Freedoms;
- take further practical measures, within the
framework of the legislation on protection of the public order, to facilitate
the practice by non-Muslim foreign nationals residing in Turkey the requirements
of their religions, and in relation to other practices concerning them;
- take measures in accordance with the ILO Convention
(No. 159) Concerning Vocational Rehabilitation and Employment (Disabled
Persons).
1.2.12 Alignment
of the Turkish Constitution and Other Relevant Legislation with the EU acquis
The Turkish
Government plans to review, in the short term, the Constitution in the light of
the European Convention on Human Rights and Fundamental Freedoms, and to
undertake, in the medium term, necessary amendments in other legislation.
1.2.13
International Covenant on Civil and Political Rights and its Optional Protocol,
and International Covenant on Economic, Social and Cultural Rights
The fact that
Turkey has signed these conventions demonstrates the Government’s political
will and resolve in this regard. Legislation initiating the process of
ratification will be submitted to the Turkish Grand National Assembly along
with any reservations there may be.
1.2.14 Detention
Conditions in Prisons
The Turkish
Government is resolved to eliminate any unfavourable conditions that may exist
in prisons and has undertaken intensive efforts to this end.
The ward system,
discontinued in Europe in the 1960s and 1970s, is also being phased out in
Turkey. In accordance with the recommendations of the Council of Europe and the
European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment, prison rules and standards are being aligned with the
United Nations Standard Minimum Rules for the Treatment of Prisoners and the
European Prison Rules of the Council of Europe.
In the short term,
the Turkish Government plans to:
- ensure, through the Ministry of Justice, that the
supervision and control over prisons by administrators and prosecutors are
rendered more effective;
- enact the Draft Law Amending the Act on Terrorism
which would render possible the extension of open visits and workshop
activities to the prisoners convicted of such crimes.
Other measures in
this area are covered in the section on “Justice and Home Affairs”.
1.2.15 The
National Security Council
The National
Security Council, which is a constitutional organ, has the status of a
consultative body in areas of national security. Relevant articles of
the Constitution and other legislation will be reviewed in the medium term to
define more clearly the structure and the functions of this Council.
1.2.16 State of
Emergency
The lifting of the
State of Emergency, introduced to fight terrorism, in the remaining four
provinces is an integral part of the comprehensive strategy for economic,
social and cultural development in the area. The State of Emergency will be
lifted with due regard to threat assessment and developments on the ground with
respect to security.