EU Commission slams 'military meddling' in Turkey

The European Commission's draft progress report on Turkey, due on Nov. 6 criticizes the increased tendency of the military to interfere in the political process during 2007.

However the report also said the outcome of the spring constitutional crisis reaffirmed the primacy of the democratic process.

The 82-page report obtained by the Turkish Daily News, clearly underlined the aim of negotiations is accession and the preparatory analytical phase of this process has reached its final stage. This is an important emphasis for Ankara, since it comes amid calls from member states for an alternative status instead of membership.

In the strategy paper that will be published together with the progress report, the commission reflected on the slowing down in the implementation of reforms since 2005, implying the constitutional crisis and the aftermath of general elections led to a freeze in the reform process. “Yet in the run of the elections open debates took place on a number of traditionally sensitive issues and a vibrant civil society proclaimed its attachment to democracy and secular state,” the document said.

The progress report and the strategy paper draw attention to the major areas of concern relating to political criteria.

Increased military interference

The commission pointed to the continued exercise of political influence by the armed forces. Senior members of the armed forces were reported to have stepped up their public comments on domestic and foreign policy questions including Cyprus, secularism and Kurdish issues. “On a number of occasions, the General Staff reacted publicly to government statements or decisions. The General Staff directly interfered with the April 2007 presidential election by publishing a memorandum on its Web site expressing concern at the alleged weakening of secularism in the country,” the draft report said.

It was underlined that no progress has been made in ensuring full civilian supervisory functions over the military and parliamentary oversight of defense expenditure. The commission stated the tendency of the military to make public comments on issues going beyond its remit, including on the reform agenda, has increased.

“Despite the public comments from the army and attempts to interfere in the political process, the outcome of the spring 2007 constitutional crisis reaffirmed the primacy of the democratic process,” the draft report said.

While welcoming the more representative nature of the newly elected Parliament, the need to reduce the 10 percent threshold was underlined.

The commission said the new government program of the Justice and development Party (AKP) includes a strong commitment to continue reforms. This intention was also reported to push forward the implementation of the road map for EU accession presented in April. The report said, “the government plans to carry out extensive constitutional reforms aimed in particular at fully aligning Turkey to international standards in the area of fundamental rights.”

Reference to reactions against the Constitutional Court's “367” decision

The commission pointed at concerns related to the independence and the impartiality of the judiciary. The Constitutional Court's famous ruling on a quorum of two-thirds in Parliament, which annulled the first round of voting in the April presidential election, was given as a controversial example. “This decision led to strong political reactions and allegations that the Constitutional Court had not been impartial when reaching this decision,” the commission said.

Restrictions on freedom of expression led to self-censorship 

The prosecution and conviction for the expression of non-violent opinions under certain provisions of the Penal Code are a cause of serious concern. The number of persons prosecuted almost doubled in 2006, compared to 2005, and there was a further increase in the number of prosecutions in 2007.

More than half of these cases were brought under the Turkish Criminal Code, and in particular under article 301, which penalizes insulting “Turkishness,” the Republic and the organs and institutions of the state. The restrictive jurisprudence established in 2006 by the Supreme Court of Appeals on article 301 needs to be brought in line with the relevant EU standards. The potential impact of the anti-terror law on freedom of expression is a concern.

While Hrant Dink's assassination in January led to a movement of solidarity in Turkish society, there were also expressions of support for his perpetrators. The trial against the alleged perpetrators of Hrant Dink is ongoing. There is a need for full investigations, including into allegations of police negligence.

Judicial proceedings and threats against human rights defenders, journalists and academics have created a climate, which has led to occurrences of self-censorship in the country, including the academic field. The weekly newspaper Nokta, which published several articles on issues relating to the military, stopped its publication in April at the decision of the owner.

Journalistic freedom on military issues is restricted by an internal memorandum from the General Staff, which establishes that journalists most critical of the army are to be denied accreditation to military receptions and briefings.

Hatred against non-Muslim minorities unpunished 

The killing of three Protestants in Malatya on April 18 and other attacks against clergy and places of worship of non-Muslim communities are reported as examples of the perception of religious minorities as a threat to the integrity of the country. The report underlined use of language that might incite hatred against non-Muslim minorities has been left unpunished.

Restrictions on the legal personality and property rights of non-Muslim religious communities as well as restrictions on the training of their clergy were reported as still being in place. The commission, particularly underlined that the Halki (Heybeliada) Greek Orthodox seminary remains closed.

While stating the “ecumenical” Patriarch is not free to use the ecclesiastical title ecumenical on all occasions, the ruling by the Supreme Court of Appeals was cited. The report said this decision might create further difficulties for the patriarchate and for other non-Muslim religious communities in the exercise of their rights.

No overall progress ensuring cultural diversity

The report said Turkey has made no overall progress ensuring cultural diversity and promoting respect for and protection of minorities in accordance with European standards. Restrictions on broadcasting in other languages were said to be still applied. The report said since use of languages other than Turkish remains illegal in political life, several investigations and court cases have been opened against officials and executives of the Democratic Society Party.

“The legislative elections in July resulted in increased representation of voters from the southeast of Turkey,” the commission said. However the overall socio-economic situation in the southeast was said to remain difficult since no steps have been taken to develop a comprehensive strategy to create conditions required for the Kurdish population to enjoy full rights and freedoms. (Turkish Daily News, October 31, 2007)