Written by Dutch Christian Democrat Ria Oomen-Ruijten, the draft calls on the government to revamp the High Council of Judges and Prosecutors (HSYK). The 8-pages report which bears the date of 26-11-2009 commends the government’s initiative on the Democratic and Armenian initiatives but at the same time criticizes the slow pace of implementation. The parts of the draft on Cyprus seem to be hugely influenced by the Greek Cypriot position. The first debate of the draft report will take place on Dec. 2 in Committee on Foreign Affairs (AFET). Following are some important topics from the draft report.
Judicial Reform
By welcoming the government's approval of the judiciary reform strategy, the report also encourages the government to re-structure the High Council of Judges and Prosecutors (HSYK) so as to ensure its representative ness, objectiveness, impartiality and transparency.
It takes note of progress made on legislation limiting the jurisdiction of military courts and regrets the lodging of an appeal before the Constitutional Court seeking annulment of that legislation; is concerned by the continuing involvement of the military in Turkish politics and foreign policy, and reiterates that in a democratic society the military must be fully subject to civilian oversight.
Ergenekon
The draft report is also concerned about the alleged magnitude of the Ergenekon criminal network; urges the government and the judiciary to ensure that all proceedings are fully in line with the due process of law and that the rights of all defendants are respected.
Democratic initiatives
Welcomes the initiatives taken by the Turkish Government to bring Turkish citizens together and enable every citizen, irrespective of origin or religion, to enjoy equal rights and play an active role in Turkish society. Welcomes the adoption of legislation removing all restrictions on broadcasting in the Kurdish language by private and public channels at the local and national levels as well as of legislation on the use of the Kurdish language in prisons; urges the government to take further measures ensuring real opportunities to learn Kurdish within the public and private schooling system, allowing for Kurdish to be used in political life and in access to public services; calls on the Government to make sure that anti-terror laws are not misused to restrict fundamental freedoms, and to abolish the system of village guards in the south-east of Turkey.
Kurdistan Workers’ Party (PKK) terrorist organization
Condemns the continuing violence perpetrated by the PKK and other terrorist groups on Turkish soil, and urges the PKK to respond to the political initiative of the Turkish government by laying down its arms and putting an end to violence;
Religious Minorities
Welcomes the dialogue entered into by the Turkish government with non-Muslim religious communities and the Alevis; underlines, however, that positive steps and gestures cannot mask the lack of real reform of the legal framework, which must enable these religious communities to function without undue constraints, in line with the ECHR and the case-law of the European Court of Human Rights;
It also reiterates its concern about the obstacles faced by the Ecumenical Patriarchate concerning its legal status, the training of its clergy, and elections of the Ecumenical Patriarch.
Press Freedom
The report is concerned about continued restrictions on press freedom, particularly following the imposition of an unprecedented fine on a media group, as well as regarding frequent website bans; stresses that the cultivation of press freedom is an important sign of political culture in a pluralistic society; recommends that in this context, and in light of the unhealthy links between media and business interests, a new media law be adopted.
Cyprus
Calls on the Turkish government actively to support the ongoing negotiations, and to contribute in concrete terms to the comprehensive settlement of the Cyprus issue, based on a bi-zonal, bi-communal federation, in line with the relevant UN Security Council resolutions and the principles on which the EU is founded; calls on Turkey to facilitate a suitable climate for negotiations by withdrawing its forces;
Relations with neighbours
Commends the diplomatic efforts made to normalise relations with Armenia, and urges the Turkish government to open the border with Armenia; calls on the Turkish Parliament (TBMM) and the Parliament of Armenia to ratify the relevant protocols without delay and without setting any preconditions;
Takes note of the limited progress achieved in improving Turkish-Greek bilateral relations; calls on the TBMM to withdraw its casus belli threat, and expects the Turkish government to end the continued violations of Greek airspace.
Welcomes the continued improvement of relations with Iraq and with the Kurdish regional government; stresses once again its appeal to the Turkish government to ensure that any anti-terrorist operation that is conducted fully respects Iraq´s territorial integrity, human rights and international law, and that civilian casualties are avoided.
Foreign Policy
Notes Turkey´s increasingly active foreign policy and appreciates its efforts to contribute to solutions in various crisis regions; calls on the Turkish government to intensify its foreign policy coordination with the EU, in particular as regards Iran.