
Thursday, March 11, 2010

Turkey - Council of Europe Relations in 2003

Council of Europe welcomed reforms which Turkey has fulfilled on human rights and democracy fields in the last one year and especially the lifting of capital punishment.

A serious crisis between Ankara and Strasbourg caused by the delay in Turkey's paying compensation to Greek Cypriot woman Titina Loizidou in accordance with the decision of European Court of Human Rights (ECHR) was partially overcome in 2003.

While Council of Europe was supporting and encouraging Turkey in regard to the reforms, decrease in applications from Southeast Anatolia to ECHR was among the important developments.

Officials of ECHR said that the contents of complaint applications significantly changed after the reforms in Turkey and they mentioned this as a very positive development.

LOIZIDOU CRISIS

Loizidou crisis partially ended with Turkey's paying a compensation worth of nearly 1 million 120 thousand Euros including the default interest in December in accordance with ECHR decision.

By payment of compensation, Committee of Ministers of Council of Europe accepted the investigation of ECHR sentence asking for the assurance for Loizidou to return her home and lands in Turkish Republic of Northern Cyprus (TRNC) when its time has come and within the suggestions to be made until the end of 2005.

This decision was evaluated as Turkey's diplomatic victory against Greece and Greek Cypriot administration.

Turkey, which said that it was ready to pay the compensation, had insisted that the implementation of ECHR's sentence asking for Loizidou's return to her home should be taken up in the end of 2005.

Turkey asked the implementation of general sentence in ECHR decision to be frozen to prevent establishment of any relation with Turkey's negotiations for full membership to EU and the issue of Cyprus. Greece and Greek Cypriot side harshly objected this.

Turkey, which froze the implementation of ECHR general sentence, made a declaration including its objections and reservations be added to the decision text, although it paid the compensation. Noting that payment of compensation to Loizidou would not be an example for other Greek Cypriot applications, Turkey wanted land and property applications of Greek Cypriots to be made to interior law office in TRNC from now on.

ECHR had decided in 1996 that Turkey would pay compensation to Loizidou who filed a lawsuit to Turkey by claiming that she was prevented to return to her lands and home in the north of Cyprus after Peace Operation.

LIFTING OF CAPITAL PUNISHMENT

Turkey officially approved the sixth protocol of European Convention on Human Rights envisaging the lifting of capital punishment in time of peace on November 12, 2003. The protocol which Turkey signed on January 15 had been approved by Parliament in August.

Turkey's being one the member countries which signed the sixth protocol the latest had been a problem between Ankara and Strasbourg for a long time.
Turkey, together with Russia, Armenia and Azerbaijan, is among the countries that have not signed the 13th protocol of European Convention on Human Rights which envisions lifting of capital punishment in time of war as well as peace.

COEPA CONTROL MECHANISM

The Council of Europe Parliamentary Assembly (COEPA)'s decision on carrying on its control process regarding Turkey became another important issue that caused problem between Turkey and the Council of Europe.

Control mechanism is generally implemented for new members of the Council and investigates whether those countries fulfill the commitments they have given prior to membership. When the Council decided to implement this mechanism on Turkey, this had become a problem in previous years.

COEPA decided for the continuation of control mechanism on Turkey by showing Turkey's not paying compensation to Loizidou as an excuse in spite of the important reforms that Turkey has fulfilled.

Turkey expects the lifting of control mechanism in 2004 because it paid compensation to Loizidou.

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