1st Edition
Turkey Terrorism, Civil Rights, and the European Union
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.
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
Biography
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.