The European Parliament (EP) has approved a report on Turkey penned by Dutch Christian Democrat Ria Oomen-Ruijten, which calls on Turkey to draft a new civilian constitution that promotes

democracy and the rule of law and guarantees fundamental freedoms.

In the face of strong criticism both by Turkey and the European Commission, the EP omitted a controversial reference to the “secular integrity” of the Turkish Armed Forces (TSK) and welcomed continued efforts to improve the civilian oversight of the military. While strongly criticizing problems with press freedom, the EP expressed its satisfaction with the release of journalists Ahmet Şık, Nedim Şener, Muhammet Sait Çakır and Coşkun Musluk a year after they were jailed in connection with a coup investigation, hailing it “an important step in restoring respect for fundamental freedoms in Turkey.”



The EP also “strongly condemned” attacks against Zaman offices in Europe by referring to the “European offices of Turkish

newspapers” and called for a “coordinated investigation.”



One of the main points in the report is the ongoing process of drafting a new constitution. The EP has called the drafting process “a unique opportunity for true Constitutional reform promoting democracy, the rule of law, guarantees for fundamental rights and freedoms -- in particular freedom of expression and freedom of the media -- pluralism, inclusiveness, good governance, accountability and unity in Turkish society, in full compliance with the EU Charter on Fundamental Rights.” In an amendment agreed yesterday, the EP also called for the full recognition of all ethnic groups in Turkey,

including “Kurds, Laz, Çerkes, Roma, Alevi, Syriacs, Arabs, Greeks, Armenians, Jews and others.” The report also calls for the protection of mother-tongue language rights in the planned new civilian constitution.



On civilian-military relations, the EP maintained its principled position of full civilian control of the military by requesting the implementation of full judicial oversight over military expenditure and called for the gendarmerie and armed forces to be brought under civilian jurisdiction, with the gendarmerie to be brought under the scrutiny of the Ombudsman. In another controversial reference to the coup investigations, the EP report kept references to “allegations of the use of inconsistent evidence against the defendants in these cases” despite the position of the European Court of Human Rights (ECtHR). ECtHR Turkish Judge Işıl Karakaş said recently the EP report’s conclusion reflects the political considerations of the European parliamentarians and noted that the ECtHR has concluded in two separate cases (partial admissibility decisions), in which the applicants complained of insufficient evidence for their detention, that there was in fact enough credible evidence for their detention.



The EP also criticized the judicial process to lift the immunity of Republican People’s Party (CHP) leader Kemal Kılıçdaroğlu.



Secular integrity confusing



At a press meeting after the report was approved, Oomen-Ruijten acknowledged that a reference to the “secular integrity of the armed forces” was confusing and that they had decided to take it out. She said all Turkish institutions are already secular and insisting on the reference would indicate otherwise. She said she was concerned that it would imply the military had no place for religious people within its ranks. In an

interview with Cihan, she said she is a member of the secular Dutch parliament and the European Parliament but stressed that she is a Catholic.



Below is a summary of the main paragraphs in the report.



Constitution



The EP expresses its full support of the drafting process of a new civilian constitution for Turkey as a unique opportunity for true constitutional reform promoting democracy, the rule of law, guarantees for fundamental rights and freedoms -- in particular freedom of expression and freedom of the media -- pluralism, inclusiveness, good governance, accountability and unity in Turkish society in full compliance with the EU Charter on Fundamental Rights;



Calls on all political parties and actors concerned to support and take a positive, constructive approach to the negotiation process regarding the new constitution based on consensus and constructive compromise;



Stresses the need to continue the preparatory work in the drafting process and welcomes in this regard the decision to ensure equal representation to all political forces in the Constitutional Conciliation Committee as well as the pledge to base the drafting process on the broadest possible consultation of all segments of society in the framework of a process that genuinely engages Turkish civil society; and



Stresses that the new constitution should uphold the rights of all groups and individuals in Turkey, guarantee the separation of powers, ensure the independence and impartiality of the judiciary and secure full civilian oversight of the military and promote an inclusive concept of Turkish citizenship.



Military



The EP welcomes the continued efforts to improve the civilian oversight of the military, in particular the adoption of the Law on the Court of Accounts in December 2010 to ensure the civilian oversight of military expenditure;



Calls for the implementation of the full oversight of the court over the expenses of the military;



Calls for the gendarmerie and armed forces to be brought under civilian jurisdiction and for the gendarmerie to be brought under the scrutiny of the Ombudsman; and



Emphasizes the need to ensure the armed forces and their operational capability, given the importance of Turkey’s NATO membership.



Dink case



The EP expresses concern over the latest verdict rendered on the Hrant Dink case;



Stresses the utmost importance of a full investigation into the murder of Hrant Dink and of bringing all responsible persons to justice;



Underlines in this context a judgment by the ECtHR in 2010, which set forth that Turkey had failed to conduct effective investigations into the murder of Hrant Dink; and



Considers this trial to be a test of the rule of law and the independence of the judiciary in Turkey.



Press freedom



The EP recalls that freedom of expression and media pluralism are at the heart of European values and that a truly democratic, free and

pluralistic society requires true freedom of expression;



Recalls that the freedom of expression is applicable not only to information or ideas that are favorably received or regarded as inoffensive, but also, in accordance with the European Convention on Human Rights (ECHR), to those who offend, shock or disturb the state or any sector of the population;



Regrets that a number of laws, such as Articles 301 and 318, Article 220(6) in combination with Article 314(2) and Articles 285 and 288 of the Turkish Penal Code (TCK) as well as Articles 6 and 7(2) of the Anti-Terror Law continue to limit the freedom of expression;



Underlines that the abolition of legislation allowing for disproportionately high fines on the media -- leading in some cases to the closure of media outlets or to self-censorship of

journalists and their editors -- and the reform of law 5651/2007 on the Internet, which limits freedom of expression, restricts citizens’ right to access information and allows website bans of disproportionate scope and duration are very urgent; and



Reiterates, therefore, its previous calls to finalize the review of the legal framework on freedom of expression and to bring it, without delay, in line with the ECHR and the case law of the ECtHR.