22/03/2013 Monitoring
Strasbourg, 22.03.2013 – “As rapporteur of the Parliamentary Assembly of the Council of Europe (PACE) on post-monitoring dialogue with Turkey, I first wish to support the statement issued by our President Jean-Claude Mignon welcoming the PKK leader’s call for a truce. This is a crucial stage in the continuing peace process, begun in December 2012 by the Turkish authorities with Abdullah Öcalan. The end of all the violence is a precondition for any negotiations,” Josette Durrieu (France, SOC) said today.
“At its meeting in Paris on 20 March, the Monitoring Committee unanimously adopted a draft resolution on post-monitoring dialogue with Turkey (*) on the basis of my report. Turkey has embarked on a clear, major, but also long, process of reforms. Some vital elements such as the preparation of a new Constitution and the revision of the Criminal Code are under way, but not yet completed,” Mrs Durrieu added.
In the draft resolution, the committee points out that this reform process “is taking place against an extremely complex background in both domestic and external terms. Over the last ten years, since the AKP came to power, Turkey has entered a period of political transition characterised by redefinition of the role of the army; repositioning of the various branches of power (such as the judiciary); the opening of major trials which are having a profound effect on society; and the Kurdish question and PKK terrorism.”
The committee welcomes the remarkable solidarity displayed in taking in refugees from Syria, and emphasises the importance of the stability of Turkey, the “benchmark for the Muslim countries of the southern Mediterranean, which are experiencing great instability. Hence the particular importance of continuing the expected reforms and bringing them to a successful conclusion.” It also highlights the reforms of the justice system which have been started, the substantial progress made since 2004 in promoting the cultural and linguistic rights of the Kurds, the stepping up of dialogue with religious communities and the establishment of the institution of ombudsman in 2012.
The committee affirms that it is up to Turkey and the Turkish people to define the country’s future democratic system and type of governance, inviting the Turkish authorities at the same time to draw on the expertise of the Venice Commission before finalising the draft constitution. In this respect, it points out that it is essential to safeguard the institutional balance of powers and to specify the appropriate checks and balances.
It reiterates its explicit request for an in-depth review of the legal provisions and administrative measures relating in particular to the provisions of the Criminal Code and anti-terrorism legislation. “The eagerly awaited adoption of the fourth package of judicial reforms should reinforce the exercise of freedom of expression and the right to demonstrate,” in the view of the committee. It deplores the pre-trial detention of large numbers of members of parliament, mayors and local elected representatives, and calls for an urgent legislative solution. It also invites Turkey to fully respect the rights of the defence in major trials.
Finally, the committee invites the Parliamentary Assembly to monitor developments in Turkey and to present, after the elections scheduled for 2014 and 2015, a full report on the post-monitoring dialogue.
The draft resolution adopted by the committee will be debated by PACE at its next plenary session (Strasbourg, 22-26 April).
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* Adopting Resolution 1380 (2004) in 2004, PACE decided to close the monitoring procedure relating to Turkey and to open a post-monitoring dialogue in order to verify the action taken on the 12 issues listed in paragraph 23 of that resolution.