Turkey: Terrorism, Civil Rights, and the European Union, 1st Edition (Paperback) book cover

Turkey

Terrorism, Civil Rights, and the European Union, 1st Edition

Edited by Yonah Alexander, Edgar H. Brenner, Serhat Tutuncuoglu Krause

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Description

How do democratic societies maintain the balance between civil rights and security while continuing the fight on global terrorism? This work raises this issue and presents one country, Turkey, and its struggle to implement laws to combat terrorism and comply with the European Union’s civil rights standards.

A collection of materials that reflects the legal responses in combating terrorism is an essential volume in any academic and professional collection as it provides a case-specific reference point in the fields of EU politics, law, and international relations. Turkey contains translations, contextual notes, and explanations from the editors of over 112 Turkish and EU documents ranging from martial law, PKK terror, Turkey-EU relations, human rights, and Turkish reforms. This resource book enables the reader to gauge Turkey’s prospects for success in establishing an effective government that at the same time protects the rights of the individual.

This book will prove a valuable source for students and researchers of international politics, international relations and security studies.

Table of Contents

CHAPTER I

TURKEY: COUNTRY INFORMATION

Document No: 1

General Information

Document No: 2

Historical Overview

Document No: 3

Maps

CHAPTER II

1980 MILITARY COUP, MARTIAL LAW AND STATE OF EMERGENCY, AND A NEW CONSTITUTION

Document No: 4

Chairman of the Military Chiefs of Staff, General Kenan Evren’s Radio Address to the Nation on September 12, 1980: Military Communique No: 1

Document No: 5

Martial Law and State Of Emergency in Turkey

Document No: 6

Introduction to Anti Terrorism Measures in The Republic of Turkey

Document No: 7

Martial Law Act Of 13 May 1971

Document No: 8

Constitutional History of Turkey

Document No: 9

The Constitution of The Republic of Turkey

Document No: 10

State of Emergency Law of Oct. 25 1983

CHAPTER III

EMERGENCE OF THE PKK AND TURKEY’S LEGAL RESPONSES TO TERRORISM

Document No: 11

PKK Terror

Document No: 12

Martial Law/Emergency Proclamations

Document No: 13

Descriptive Summary of the Content of the Decrees Which Have the Force of Law, Decrees No.: 424 and 425 of May 10, 1990

Document No: 14

Turkey’s August 6, 1990 Notice of Derogation From Rights Enshrined in Articles 5, 6, 8, 10, 11 and 13 of the European Convention on Human Rights in Conformity with Article 15 of The Convention

Document No: 15

Decree Having the Force of Law Concerning the Additional Measures to be Taken During the Term of the Office of the State of Emergency Regional Governor and the of The State Of Emergency of Dec. 16, 1990

Document No: 16

Turkey’s Jan. 3, 1991 Notice of Derogation From Rights Enshrined in Articles 5, 6, 8, 10, 11 and 13 of The European Convention on Human Rights in Conformity With Article 15 of The Convention

Document No: 17

Law to Fight Terrorism of Apr. 12, 1991

Document No: 18

Comment on The Anti-Terror Law (Atl)

Document No: 19

Turkey’s May 12, 1992 Notice of Derogation From Rights Enshrined on Article 5 of The European Convention on Human Rights in Conformity With Article 15 of The Convention

Document No: 20

Other Laws Used in the Fight Against Terrorism

CHAPTER IV

EUROPEAN SYSTEM OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

    Introductory Comment

    The Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), as amended by Protocol No. 11

    European Court of Justice, Fundamental Rights and The European Convention on Human Rights

    CHAPTER V

    EUROPEAN COMMUNITY AND HUMAN RIGHTS

    European Community (EC) The Single European Act

    European Court of Justice Case: Ert v. Pliroforissis et. al.

    EC Declaration on Human Rights: Conclusion of the Luxembourg European Council (28-29 June 1991)

    Resolution of the EC Council and of the member states meeting in the council on human rights, democracy and development (28 November 1991)

    CHAPTER VI

    THE EUROPEAN UNION AND HUMAN RIGHTS

    Treaty on European Union

    Copenhagen European Council Presidency Conclusions, 21-22 June 1993

    European Union Agreements With Third Countries and The Human Rights Clause

    Cannes European Council Presidency Conclusions, 26-27 June 1995

    European Union Briefings on the 1996 Intergovernmental Conference: Fundamental Rights

    Consolidated Version of the Treaty on European Union as Amended by the Treaty of Amsterdam Amending the Treaty on European Union, the Treaties Establishing The European Communities and Related Acts

Declaration of the European Union on the Occasion of the 50th Anniversary of the Universal Declaration on Human Rights (Vienna, 10 December, 1998)

CHAPTER VII

TURKEY-EU RELATIONS: 1963-1994

THE ANKARA AGREEMENT, EMERGENCE OF TURKEY’S HUMAN RIGHTS RECORD AS A PROBLEM

    Turkey-EU Brief History

    Agreement establishing an Association between the European Economic Community and Turkey, September 12, 1963

    ECHR- France, Norway, Denmark, Sweden and the Netherlands v. Turkey [1982, "friendly settlement" proceedings]

    European Commission’s 1989 Opinion on Turkey's Request For Accession to The Community

    The Council of Europe Parliamentary Assemby (PACE) Resolution 985 (1992) on the situation of human rights in Turkey

    Public Statement on Turkey by the Council of Europe European Committee for the Prevention of Torture (1992)

    European Parliament (EP) Resolution on the trial of members of the Turkish Grand National Assembly

    EP Resolution on the trial of Turkish Members of Kurdish origin of the Turkish Grand National Assembly

    CHAPTER VIII

    CUSTOMS UNION DECISION AND THE FIRST IMPLICATIONS OF THE HUMAN RIGHTS PROBLEMS

    EP Resolution on the draft agreement on the conclusion of a customs union between the EU and Turkey

    EP Resolution on the visit of the Troika to Ankara and the Turkish military intervention in northern Iraq

    Pace Recommendation 1266 (1995) on Turkey's military intervention in northern Iraq and on Turkey's respect of commitments concerning constitutional and legislative reforms

    ECHR- Yagci and Sargin v. Turkey

    The Bill Pertaining to Amending the Preamble and Some of the Articles of the Constitution of the Republic of Turkey, July 23, 1995

    Amendment to Article 8 of the Turkish Anti-Terrorism Law

    EP Decision on the unblocking of the EU-Turkey Joint Parliamentary Committee

    EP Legislative resolution on the proposal for a Council Decision relating to a common position by the Community in the EC-Turkey Association Council on implementing the final phase of the customs union

    EP Resolution on the Human Rights Situation in Turkey

    Decision No 1/95 of The EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union

    CHAPTER IX

    AFTER THE CUSTOMS UNION DECISION: PROBLEMS PERSIST

    1996-1998

    1996

    Pace Recommendation 1298 (1996) on Turkey's respect of commitments to constitutional and legislative reforms (follow-up to Recommendation 1266 (1995))

    EP Resolution on human rights and the situation in Turkey

    Comment on Other EP Resolutions in 1996

    ECHR – Aksoy v. Turkey

    Comment on other ECHR cases in 1996

    1997

    Comment on relevant 1997 ECHR cases in which Turkey was a party

    Law of March 1997 Amending the Code of Criminal Procedure (CMUK)

    Luxembourg European Council Presidency Conclusions, 12 - 13 December 1997 and its Aftermath

    1998

    Cardiff European Council Presidency Conclusions, 15 - 16 June 1998

    ECHR - Incal v. Turkey

    List of Decisions Rendered by the ECHR in 1998 in which Turkey was a Party

    EP Resolution on the Commission reports on developments in relations with Turkey since the entry into force of the Customs Union

    EP Resolution on the communication from the Commission to the Council and the European Parliament on the further development of relations with Turkey and on the communication from the Commission to the Council: European Strategy for Turkey - The Commission's initial operational proposals

    CHAPTER X

    1999 HELSINKI EUROPEAN COUNCIL AND EUROPEAN UNION MEMBERSHIP PERSPECTIVE FOR TURKEY

    Council of Europe Committee on the Honoring of Obligations and Commitments by Member States Report on Turkey: Honoring of obligations and commitments by Turkey, Jan. 15, 1999

    ECHR Judgments in Thirteen Cases Against Turkey

    1999 Regular Report From The European Commission on Turkey's Progress Towards Accession

    Helsinki European Council Presidency Conclusions, 10 - 11 December 1999

    CHAPTER XI

    AFTER HELSINKI: INITIAL DEVELOPMENTS - - 2000

    Comment on Capture of Abdullah Ocalan, the Leader of PKK

    EP Briefing No 7: Turkey and Relations with the European Union

    ECHR – Kilic v. Turkey

    EP Resolution on the 1999 Regular Report from the Commission on Turkey's progress towards accession

    CHAPTER XII

    TURKISH REFORMS ON CIVIL RIGHTS BEGIN - - 2001

    European Council Council Regulation (EC) No 390/2001 of 26 February 2001 on assistance to Turkey in the framework of the pre-accession strategy, and in particular on the establishment of an Accession Partnership

    Turkey-EU Association Council Decision of 8 March 2001 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Turkey (2001/235/EC)

    Turkish National Programme for the Adoption of the Acquis

    October 3, 2001 Amendments to the Constitution of the Republic of Turkey

    Comment on developments related to the ECHR in 2001

    PACE Resolution No: 1256 (2001): Honoring of obligations and commitments by Turkey

    Republic of Turkey Secretariat General of European Affairs Studies Within the Framework of National Programme: Comparison Chart between the Accession Partnership, NPAA, and the 2001 Regular Report

    Additional Comment

    Measures Taken by the Republic of Turkey Against Terrorism- 2001 Report to the United Nations Security Council

    CHAPTER XIII

    TURKEY’S PROGRESS ON HUMAN RIGHTS: CHANGES IN ANTI-TERRORISM RELATED LAWS: 2002-2003

    2002

    Harmonization Package (1)

    Harmonization Package (2)

    Council of Europe Guidelines on Human Rights and the Fight Against Terrorism

    Comment on ECHR decisions in 2002 and PACE Resolution No: 1297 (2002): Implementation of decisions of the European Court of Human Rights by Turkey

    Harmonization Package (3)

    Comment on European Council Declarations of 2002 and the Copenhagen European Council Presidency Conclusions

    2003

    Harmonization Package (4)

    Harmonization Package (5)

    ECHR - Ocalan v. Turkey

    Council of Europe the Committee of Ministers Response to Pace Recommendation No: 1576 and Other ECHR Developments in 2003

    EU-TR Council Decision of 19 May 2003 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Turkey

    Harmonization Package (6)

    Turkey’s 2003 Revised National Programme for the Adoption of the Acquis

    Harmonization Package (7)

    European Council Decisions in 2003

    CHAPTER XIV

    YEAR OF EVALUATION FOR TURKEY TO START EU ACCESSION NEGOTIATIONS - - 2004

    Introductory Comment

    Checklist on the Status of Legislative Changes in the Political Criteria Section of the 2001 and 2003 National Programme for the Adoption of the Acquis

Constitutional Amendments of May 7, 2004

    Brussels European Council Presidency Conclusions, June 17-18, 2004

    PACE Resolution 1380 (2004): Honoring of obligations and commitments by Turkey

    Communication From the Commission to the Council and the European Parliament: Recommendation of the European Commission on Turkey’s progress towards accession

    European Commission 2004 Regular Report on Turkey’s progress towards accession

    EP Resolution on the 2004 regular report and the recommendation of the European Commission on Turkey's progress towards accession

Brussels European Council Presidency Conclusions, December 16-17, 2004

CHAPTER XV: QUO VADIS?

After 2004: European Union Membership Still a Rough Path

    Issues Arising from Turkey’s Membership Perspective

    Developments in 2005 Through Press Reports

    Common Future of the EU and Turkey: Roadmap for Reforms and Negotiations

    Critical Developments in Turkey in 2005 and 2006

    Problems in the European Union: European Constitution and the Fading Support

    Terror Activities After December 2004 and Reemergence of the Kurdistan Worker’s Party (PKK)

    ECtHR – Ocalan v. Turkey

    Negotiating Framework

European Commission 2006 Regular Report on Turkey’s Progress Towards Accession

About the Editors

Yonah Alexander is Co-Director of the Inter-University Center for Legal Studies at the International Law Institute. He is also Director of the Inter-University Center for Terrorism Studies, and Senior Fellow at Potomac Institute and the George Washington University, USA.

Edgar H. Brenner is Co-Director of the Inter-University Center for Legal Studies, Washington DC, as well as Legal Counsel to the Inter-University Center for Terrorism Studies. Serhat Tutuncuoglu Krause currently practices law in New York City, USA. He also holds an M.A. degree from University of Notre Dame in Peace Studies.

Subject Categories

BISAC Subject Codes/Headings:
POL000000
POLITICAL SCIENCE / General
POL011000
POLITICAL SCIENCE / International Relations / General