COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 9.10.2002
SEC(2002) 1412
2002
REGULAR REPORT
ON
TURKEY'S
PROGRESS TOWARDS ACCESSION
{COM(2002) 700 final}
2002
REGULAR REPORT
ON
TURKEY'S
PROGRESS TOWARDS ACCESSION
***********************
Table of contents
A. Introduction 8
a) Preface 8
b) Relations between the European Union and Turkey 9
Recent developments under the Association Agreement, including bilateral trade 11
Accession Partnership 12
National Programme for the Adoption of the Acquis 12
Community Assistance 12
Detailed legislative scrutiny 14
Twinning 14
B. Criteria for membership 15
1. Enhanced political dialogue and Political criteria 15
Introduction 15
Recent developments 17
1.1. Democracy and the rule of law 18
Parliament 18
The Executive 19
The Judicial System 20
Anti-corruption measures 23
The National Security Council 24
1.2. Human rights and the protection of minorities 25
Civil and political rights 28
Economic, social and cultural rights 40
Minority rights and the protection of minorities 42
1.3. Cyprus 43
1.4. Peaceful settlement of border disputes 44
1.5. General Evaluation 44
2. Economic criteria 48
2.1. Introduction 48
2.2. Summary of economic developments since 1997 48
2.3. Assessment in terms of the Copenhagen criteria 51
The existence of a functioning market economy 51
The capacity to cope with competitive pressure and market forces within the Union 56
2.4. General evaluation 60
3. Ability to assume the obligations of membership 61
Introduction 61
3.1. The chapters of the acquis 63
Chapter 1: Free movement of goods 64
Progress since the last Regular Report 64
Overall assessment 65
Chapter 2: Free movement of persons 68
Progress since the last Regular Report 68
Overall assessment 68
Chapter 3: Freedom to provide services 69
Progress since the last Regular Report 69
Overall assessment 69
Chapter 4: Free movement of capital 71
Progress since the last Regular Report 71
Overall assessment 71
Chapter 5: Company Law 73
Progress since the last Regular Report 73
Overall assessment 73
Chapter 6: Competition 75
Progress since the last Regular Report 75
Overall assessment 75
Chapter 7: Agriculture 77
Progress since the last Regular Report 77
Overall assessment 80
Chapter 8: Fisheries 82
Progress since the last Regular Report 82
Overall assessment 82
Chapter 9: Transport 83
Progress since the last Regular Report 83
Overall assessment 84
Chapter 10: Taxation 86
Progress since the last Regular Report 86
Overall assessment 86
Chapter 11: Economic and Monetary Union 87
Progress since the last Regular Report 87
Overall assessment 87
Chapter 12: Statistics 88
Progress since the last Regular Report 88
Overall assessment 89
Chapter 13: Social Policy and Employment 90
Progress since the last Regular Report 90
Overall assessment 92
Chapter 14: Energy 94
Progress since the last Regular Report 94
Overall assessment 96
Chapter 15: Industrial policy 98
Progress since the last Regular Report 98
Overall assessment 99
Chapter 16: small and medium-sized enterprises 100
Progress since the last Regular Report 100
Overall assessment 101
Chapter 17: Science and Research 102
Progress since the last Regular Report 102
Overall assessment 102
Chapter 18: Education and Training 102
Progress since the last Regular Report 102
Overall assessment 103
Chapter 19: Telecommunications and information technology 104
Progress since the last Regular Report 104
Overall assessment 105
Chapter 20: Culture and Audio-Visual Policy 106
Progress since the last Regular Report 106
Overall assessment 107
Chapter 21: Regional Policy and co-ordination of structural instruments 108
Progress since the last Regular Report 108
Overall assessment 108
Chapter 22: Environment 110
Progress since the last Regular Report 110
Overall assessment 111
Chapter 23: Consumer Protection and Health 112
Progress since the last Regular Report 112
Overall assessment 113
Chapter 24: Co-operation in the field of justice and home affairs 114
Progress since the last Regular Report 114
Overall assessment 118
Chapter 25: Customs Union 122
Progress since the last Regular Report 122
Overall assessment 122
Chapter 26: External Relations 124
Progress since the last Regular Report 124
Overall assessment 125
Chapter 27: Common foreign and security policy 126
Progress since the last Regular Report 126
Overall assessment 127
Chapter 28: Financial control 128
Progress since the last Regular Report 128
Overall assessment 129
Chapter 29: Financial and budgetary provisions 130
Progress since the last Regular Report 130
Overall assessment 131
3.2. General evaluation 132
C. Conclusion 136
D. Accession Partnership and National Programme for the Adoption of the Acquis: Global assessment 143
1. Accession Partnership 143
Short-term priorities 143
Medium-term Priorities 148
2. National Programme for the Adoption of the Acquis 152
Annexes 153
Human Rights Conventions ratified by the Candidate Countries, 15 September 2002 154
Statistical data 155
A.
Introduction
1. Preface
The European Council in Cardiff in June 1998 noted that the Commission would present a report on Turkey based on Article 28 of the Association Agreement and the conclusions of the Luxembourg European Council.
The Commission presented its first Regular Report on Turkey in October 1998, together with the Regular Reports for the other candidate countries, with a view to the Vienna European Council; a second report was adopted in October 1999, with a view to the Helsinki European Council.
The Helsinki European Council concluded that "Turkey is a candidate State destined to join the Union on the basis of the same criteria as applied to the other candidate States. Building on the existing European Strategy, Turkey, like other candidate States, will benefit from a pre-accession strategy to stimulate and support its reforms."
As part of the pre-accession strategy, the Commission reports regularly to the European Council on progress made by each of the candidate countries in preparing for membership. The first fully-fledged Regular Report for Turkey was presented to the Nice European Council in December 2000. A second Regular Report was presented to the Laeken European Council in December 2001. The Commission has prepared this Regular Report with a view to the Brussels European Council in autumn 2002.
The structure followed for this Regular Report is largely the same as that used for the 2000 and 2001 Regular Reports. In line with previous Regular Reports, the present Report:
- describes the relations between Turkey and the Union, in particular in the framework of the Association Agreement;
- analyses the situation in respect of the political criteria set by the 1993 Copenhagen European Council (democracy, rule of law, human rights, protection of minorities);
- assesses Turkey's situation and prospects in respect of the economic criteria defined by the Copenhagen European Council (a functioning market economy and the capacity to cope with competitive pressures and market forces within the Union);
- addresses the question of Turkey's capacity to assume the obligations of membership, that is, the acquis as expressed in the Treaties, the secondary legislation, and the policies of the Union. In this part, special attention is paid to nuclear safety standards, which were emphasised by the Cologne and Helsinki European Councils. This part includes not only the alignment of legislation, but also the development of the judicial and administrative capacity necessary to implement and enforce the acquis. The European Council stressed the importance of this latter aspect at its meeting in Madrid in 1995 and on a number of subsequent occasions, most recently at Seville in June 2002. At Madrid, the European Council stressed that the candidate countries must adjust their administrative structures, so as to create the conditions for the harmonious integration of these States. The Seville European Council also stressed how important it was that candidate countries should continue to make progress with the implementation and effective application of the acquis, and added that candidate countries must take all necessary measures to bring their administrative and judicial capacity up to the required level.
This Report takes into consideration progress since the 2001 Regular Report. It covers the period until 15 September 2002. In some particular cases, however, measures taken after that date are mentioned. It looks at whether planned reforms referred to in the 2001 Regular Report have been carried out, and examines new initiatives. In addition, this Report provides a global assessment of the overall situation for each of the aspects under consideration, setting out for each of them the main steps still to be taken by Turkey in preparing for accession.
Furthermore, in view of the fact that the 2002 Regular Reports will provide the basis on which the Commission will formulate its recommendations as to which countries are ready to conclude negotiations, this Report includes an evaluation of Turkey's track record since the 1998 Regular Report. For the economic criteria the track record covers the period since 1997 and the report also provides a dynamic, forward-looking evaluation of Turkey's economic performance.
The Report further includes a separate section examining the extent to which Turkey has addressed the Accession Partnership priorities.
As has been the case in previous Reports, "progress" has been measured on the basis of decisions actually taken, legislation actually adopted, international conventions actually ratified (with due attention being given to implementation), and measures actually implemented. As a matter of principle, legislation or measures which are in various stages of either preparation or parliamentary approval have not been taken into account. This approach ensures equal treatment for all the candidate countries and permits an objective assessment of each country in terms of their concrete progress in preparing for accession.
The Report draws on numerous sources of information. The candidate countries have been invited to provide information on progress made in preparations for membership since the publication of the last Regular Report. The information each of the candidate countries has provided within the framework of the Association Agreement, the National Programmes for the Adoption of the Acquis where they are available, and various peer reviews that have taken place to assess candidate countries' administrative capacity in a number of areas, have served as additional sources. Council deliberations and European Parliament reports and resolutions1 have been taken into account in the preparations. The Commission has also drawn on assessments made by various international organisations, and in particular the contributions of the Council of Europe, the OSCE and the international financial institutions, as well as those of non-governmental organisations.
2. Relations between the European Union and Turkey
The European Council of Laeken of December 2001 concluded that: "Turkey has made progress towards complying with the political criteria established for accession, in particular through the recent amendment of its constitution. This has brought forward the prospect of the opening of accession negotiations with Turkey. Turkey is encouraged to continue its progress towards complying with both economic and political criteria, notably with regard to human rights. The pre-accession strategy for Turkey should mark a new stage in analysing its preparedness for alignment on the acquis."
The European Council of Seville in June 2002 "welcomed the reforms recently adopted in Turkey. It encourages and fully supports the efforts made by Turkey to fulfil the priorities defined in its Accession Partnership. The implementation of the required political and economic reforms will bring forward Turkey's prospects of accession in accordance with the same principles and criteria as are applied to the other candidate countries. New decisions could be taken in Copenhagen on the next stage of Turkey's candidature in the light of developments in the situation between the Seville and Copenhagen European Councils, on the basis of the regular report to be submitted by the Commission in October 2002 and in accordance with the Helsinki and Laeken conclusions."
In 2002, the emphasis has been on the implementation of the new phase of the pre- accession strategy for Turkey.
In summary, the following results under the pre-accession strategy can be mentioned for 2002:
- the continuation of an enhanced political dialogue under the Belgian, Spanish and Danish Presidencies with meetings of Political Directors in Brussels, Madrid and Copenhagen and political dialogue as part of the Association Council in April 2002. During these meetings, a number of key issues have been discussed such as the political reforms and human rights in Turkey, Cyprus, peaceful settlement of border disputes, European Security and Defence Policy (ESDP) as well as wider issues regarding the situation in the Caucasus, the Middle East and in the Balkans.
- the start of a process of detailed legislative scrutiny in the first half of 2002 within the eight sub-committees of the Association Committee. This committee decided in January 2002 on the subjects, on which work should focus, including a schedule of meetings. The first series of meetings were completed in July 2002. This process allowed for a more detailed dialogue on the requirements for the transposition, implementation and enforcement of parts of the acquis. Differences in Turkish legislation with the acquis in various sectors were identified. The sub-committees monitored the implementation by Turkey of the Accession Partnership priorities and discussed various trade issues. In July 2002, an extra meeting of the sub-committee dealing with Justice and Home Affairs took place to discuss the matter of illegal immigration. On that occasion, both sides agreed on a Common Action Programme on illegal migration to be adopted at the next meeting of the Association Committee.
- the adoption in December 2001 of a regulation on pre-accession financial assistance to Turkey. This new regulatory framework ensures an accession driven approach of the EC's financial co-operation with Turkey. As for all candidate countries, financial assistance has to focus on the priorities identified in the Accession Partnership.
- the commitment of 194 million in grant assistance to Turkey in 2001. EIB loans to Turkey in the same year totalled 375 million. (see below).
- the continuation of negotiations for the extension of the EC-Turkey Customs Union to services, and the mutual opening of public procurement markets. These negotiations took place in December 2001. The Customs Union currently covers trade in industrial goods and processed agricultural products.
Recent developments under the Association Agreement, including bilateral trade
The Association Committee met in Brussels in January 2002. The meeting was an opportunity to take stock of Turkey's compliance with the Copenhagen criteria, to discuss the pre-accession strategy for Turkey as well as the state of implementation of the Association Agreement. It laid the basis for the preparation of the Association Council meeting.
The Association Council was held in Luxembourg in April 2002. Among the issues discussed were Turkey's progress in meeting the Copenhagen political criteria in particular in the field of human rights and fundamental freedoms. Exchange of views took place on other important issues such as Cyprus, peaceful settlement of border disputes and the fight against terrorism. The pre-accession strategy was discussed as well as the state of bilateral relations in particular the implementation of the Customs Union.
Representatives of the Turkish government started to participate in technical committees in line with established policy for candidate countries.
The EP - Turkey Joint Parliamentary Committee met twice: in Istanbul in November 2001 and in Brussels in June 2002. A wide range of issues was discussed including EU-Turkey relations, human rights, Cyprus, ESDP, and the fight against terrorism. EC-Turkey financial co-operation was discussed in depth.
Two meetings of the Joint Consultation Committee under the Economic and Social Committee took place in November 2001 in Brussels and in July 2002 in Erzurum. The Customs Union Joint Committee met in Brussels in November 2001. A consultation mechanism on areas of relevance for the Customs Union has met on a regular basis. The Customs Co-operation Committee met in December 2001 and in September 2002.
A number of transitional arrangements under the Customs Union expired in December 2000. There is an urgent need for Turkey to remove technical barriers to trade, to adopt competition implementing rules, to strengthen the enforcement of intellectual property rights and to adjust state monopolies of a commercial character to ensure non-discrimination in market access between EC and Turkish operators.
In general, manufactured goods circulate freely within the Customs Union. A number of trade issues covering agricultural and industrial goods remain unresolved. Access for alcoholic beverages and second hand goods to the Turkish market are restricted. Turkey frequently does not meet its Customs Union commitments. Other products, such as pharmaceuticals, cosmetics, energy drinks, ceramics and spare parts for various reasons face difficulties entering the Turkish market. This is also the case for various agricultural products, inter alia due to delays in granting import licences and punitive import conditions.
A new anti-dumping investigation was initiated on imports of hot rolled coils from Turkey (among others) in December 2001. The investigation on imports of welded tubes and pipes (iron and non-alloy steel) led to the imposition of provisional duties in March 2002.
The business investment climate needs drastic improvement. The administrative procedures in place are lengthy and burdensome. Testing requirements for certain EC products are excessive and unnecessary since they duplicate tests already carried out elsewhere.
In the agriculture sector, the Commission has continued consultations with Turkey on a package to compensate the EC for Turkey's current ban on certain concessions, granted under an Association Council Decision, on imports of live bovine animals and beef from the Community. Turkey is ready to conduct negotiations with the EC as foreseen under the Customs Union Decision. A licensing system for the exports of Turkish dried fruits, including hazelnuts, to the EC was established in order to protect public health in the EU. The products contain unacceptably high levels of residues of contaminants.
Overall, Turkish exports to the EC account for 20.1 billion or 51.6% of total exports, whereas imports from the EC account for 20 billion or 44.6% of Turkish imports.
In response to the protectionist measures taken by the US, which greatly restricted access to their market and created the risk of considerable trade diversion, the EU imposed provisional safeguard measures erga omnes on imports of certain steel products in March 2002. These measures were partly confirmed in September 2002.
Accession Partnership
The first year of the Accession Partnership - the time period for the fulfilment of the short-term priorities - expired at the end of March 2002. Its implementation is reviewed in part D of this Report.
National Programme for the Adoption of the Acquis
Turkey adopted its National Programme for the Adoption of the Acquis in March 2001. It is being implemented through the enactment of various pieces of legislation. No modifications have been made to the National Programme in 2002.
Community Assistance
A new regulation concerning pre-accession financial assistance for Turkey entered into force in December 2001. The purpose of this framework is to simplify procedures and to ensure an accession-driven approach to financial assistance to Turkey. The procedures for programming and implementing the pre-accession financial assistance programme now mirror those of Phare, i.e. a deconcentrated management system for financial assistance has been put into place with greater responsibilities for the Turkish Government. This new system has already lead to an upturn in the rate of tendering and contracting in 2002 compared with previous years. Over 200m of previously programmed assistance is expected to have been contracted by the end of 2002.
The regulation reiterates that during the current financial perspective the Commission's objective will be to maintain pre-accession financial assistance at a level double that enjoyed by Turkey in the period 1993-99.
Furthermore, following the decision to establish a decentralised implementation system in Turkey by the end of 2002, the government has begun to put in place the necessary structures which form an integral part of the system (National Aid Co-ordinator, Central Finance and Contract Unit, National Fund).
In 2002 the total national allocation for Turkey is 149 million. Resources this year will be devoted to the following priority areas:
- Political criteria. Technical assistance and investment are being provided in the following areas: the development of modern questioning techniques for law enforcement agencies, and the fight against organised crime, drugs and fraud. A range of civil society development initiatives are also on-going addressing issues as diverse as pluralism and cultural diversity to women's health rights. Turkey is also a "focus country" under the European Initiative for Democracy and Human Rights (EIDHR). This will allow Turkey to benefit from projects to promote the freedom of expression and independent media, good governance, improved access to justice, the prevention of torture and support for the rehabilitation of torture victims, as well as the fight against racism and discrimination. For the most part such projects will be implemented by civil society organisations.
- Economic criteria. Following the economic crisis in Turkey support is being provided in particular for SMEs.
- Meeting the obligations of the acquis. Technical assistance and investment are being provided in areas such as: justice and home affairs, internal market, agriculture, energy, telecommunications, employment and active labour market policy, health and safety at work, environment, competition and state aid, and maritime safety.
- Economic and social cohesion. This has been addressed extensively by on-going pre-2002 programmes. Two major projects have been developed for the south east. The promotion of employment in the region is a key element of these programmes. Feasibility studies have been financed for the development of cross-border programmes.
Participation in Community programmes and agencies has accelerated. A framework agreement between the European Community and the Republic of Turkey was ratified by the Turkish Parliament in June . It allows Turkey to participate in all programmes and agencies open to the candidate countries. At present Turkey participates in the European Environment Agency, the European Monitoring Centre for Drugs and Drug Addiction, IDA, Public Health, Combating Discrimination, Gender Equality, Combating Social Exclusion and Incentive Measures in Employment, and Customs 2007. Funding provided under the 2002 programme co-finances preparations for Turkish participation in Community programmes such as Customs 2002, the Multi-annual Programme for Enterprises and Entrepreneurship (SME), e-Content, and the Leonardo, Socrates and Youth programmes are well advanced. Turkey has to set up a National Agency to manage its participation in the education programmes. Further steps need to be taken in order for the Agency to become fully operational.
Turkey now also benefits from the multi-country programme TAIEX. .
Turkey is also a major beneficiary of assistance from the EIB. It benefits from up to five different mandates and facilities: the EuroMed II Lending Mandate for Mediterranean countries, the Mediterranean Partnership Facility, the Special Action Mandate for Turkey, the Turkey Earthquake Reconstruction and Rehabilitation Assistance Facility and the Pre-Accession Facility. In total Turkey has received loan financing worth 1020 million from 1992 to 2000. In 2001, around 375m was granted by the EIB for four major investment projects.
Detailed legislative scrutiny
Subcommittees under the Association Committee have been carrying forward the detailed legislative scrutiny as part of the new stage in the pre-accession strategy for Turkey decided in Laeken. The Association Committee of January 2002 adopted a work programme and a list of subjects to be dealt with by each sub committee.
This process allows for a more detailed dialogue on the requirements for the transposition, implementation and enforcement of the acquis, focusing on precise sectoral issues. The process also included the examination of the capacity of the Turkish administration to implement the acquis effectively. The first round of meetings ended in July 2002. There has been an extra meeting of the subcommittee on justice and home affairs focusing on the issue of illegal migration.
Twinning
One of the main challenges still facing the candidate countries is the need to strengthen their administrative capacity to implement and enforce the acquis. As of 1998, the European Commission began to mobilise significant human and financial resources to help them with this process, using the mechanism of twinning administrations and agencies. The twinning process makes the vast body of Member States' expertise available to the candidate countries through the long-term secondment of civil servants and accompanying short-term expert missions and training.
A total of 503 twinning projects were funded by the Community between 1998 and 2001. Between 1998 and 2000 these projects primarily targeted the main priority sectors identified in the Accession Partnerships: agriculture, the environment, public finance, justice and home affairs and preparation for the management of Structural Funds. Since 2000, other important sectors of the acquis have also been addressed through twinning, such as social policy, the fight against drugs, transport and telecommunications regulation. Twinning now covers all areas pursuant to the acquis.
Turkey has not benefited from twinning to date. Two major information meetings on the twinning process have been held with the Turkish administration in 2001 and 2002. Up to 12 twinning projects are included in the 2002 programme for Turkey.
B. Criteria for membership
1. Enhanced political dialogue and Political criteria
Introduction
The political criteria for accession to be met by the candidate countries, as laid down by the Copenhagen European Council in June 1993, stipulate that these countries must have achieved "stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities."2
In its 1998 Regular Report on Turkey, the Commission concluded:
"On the political side, the evaluation highlights certain anomalies in the functioning of the public authorities, persistent human rights violations and major shortcomings in the treatment of minorities. The lack of civilian control of the army gives cause for concern. This is reflected by the major role played by the army in political life through the national security council. A civil, non-military solution must be found to the situation in south-east Turkey, particularly since many of the violations of civil and political rights observed in the country are connected in one way or another with this issue. The Commission acknowledges the Turkish government's commitment to combat human rights violations in the country but this has not so far had any significant effect in practice. The process of democratic reform on which Turkey embarked in 1995 must continue.
" In addition to resolving these problems, Turkey must make a constructive contribution to the settlement of all disputes with various neighbouring countries by peaceful means in accordance with international law."
In its 2001 Regular Report, the Commission found that:
"The constitutional amendments adopted by the Turkish Parliament on 3 October 2001 are a significant step towards strengthening guarantees in the field of human rights and fundamental freedoms and limiting capital punishment. The amendments narrow the grounds for limiting such fundamental freedoms as the freedom of expression and dissemination of thought, freedom of the press and freedom of association. Attention has now turned to the effective implementation of these important changes. The Turkish Government is finalising a package of new draft legislation that is aimed at implementing a number of constitutional amendments, in particular with regard to freedom of expression and thought. It should facilitate progress towards satisfying the Accession Partnership priorities.
" Despite these changes, a number of restrictions on the exercise of fundamental freedoms have remained. The extent to which individuals in Turkey will enjoy real improvement in the exercise of fundamental freedoms will depend on the details of implementing legislation, and the practical application of the law. It is encouraging that a general principle of proportionality has been introduced and that the stated general aim of the reform is effectively to bring to the forefront respect for human rights and the rule of law.
" The moratorium on the death penalty has been maintained. The revised Article 38 of the Constitution limits the death penalty to cases of terrorist crimes and in times of war or imminent threat of war. The exception for terrorist crimes is not in line with Protocol 6 to the European Convention on Human Rights (ECHR) (which does not permit any reservations), whereas the exception of times of war and in cases of imminent threat of war is permitted under Protocol 6. Legislative changes to the Penal Code will be needed to put this revised Article into effect. This will permit an assessment of whether Turkey is in a position to sign and ratify Protocol N° 6 to the ECHR.
" The reforms related to economic, social and cultural rights contain a number of positive elements. The provisions forbidding the use of languages prohibited by law, in Articles 26 and 28, have now been abolished. This could pave the way for the use of languages other than Turkish and is a positive development. Existing restrictive legislation and practices will need to be modified in order to implement this constitutional reform, as the Turkish authorities have recognised. There has been no improvement in the real enjoyment of cultural rights for all Turks, irrespective of their ethnic origin.
" A number of substantial prison reforms have been adopted. Turkey is encouraged to ensure that these reforms are fully implemented. The disproportionate use of force in breaking up prison protests is to be regretted. The continuing loss of life as a result of hunger strikes is unacceptable from a humanitarian point of view. Irrespective of the political motives of those involved, efforts should be stepped up to prevent further deaths. Free debate on these issues should be allowed.
" Reform of the judicial system has begun. The independence of the judiciary, the powers of State Security Courts and military courts and compliance with rulings of the European Court of Human Rights remain matters of concern.
" A number of initiatives have been taken to increase the awareness of law enforcement officers and judicial personnel of human rights issues, but it is too early to assess the practical impact of these.
" Despite several initiatives to foster more transparency in Turkey's public life, corruption remains a serious problem. The recent signature of important Council of Europe Conventions on corruption and on money laundering is a positive development.
" Further action needs to be taken to improve the economic situation in the South East to reduce regional disparities and to enhance economic, social and cultural opportunities for all citizens. The state of emergency still applies to four provinces in this part of the country.
" The basic features of a democratic system exist in Turkey, but a number of fundamental issues, such as civilian control over the military, remain to be effectively addressed.
" Despite a number of constitutional, legislative and administrative changes, the actual human rights situation as it affects individuals in Turkey needs improvement.
" Though it is beginning to make progress in some areas, Turkey does not yet meet the Copenhagen political criteria and is therefore encouraged to intensify and accelerate the process of reform to ensure that human rights and fundamental freedoms are fully protected in law and practice, for all citizens, throughout the country.
" Fuller use should be made of the enhanced political dialogue, to further stimulate progress on key issues, which are priorities of the Accession Partnerships, such as human rights, Cyprus and the peaceful settlement of border disputes.
" Given Ankara's support for the decision of Mr Denktash to withdraw from the UN proximity talks and to decline the UN Secretary General's invitation to talks in New York, the support Turkey has expressed in the political dialogue for the UNSG's efforts to find a comprehensive solution of the Cyprus problem should now be followed by concrete steps by Turkey to facilitate a solution."
The section below provides an assessment of developments in Turkey, seen from the perspective of the Copenhagen political criteria, including the overall functioning of the country's executive and its judicial system. Such developments are in many ways closely linked to developments regarding Turkey's ability to implement the acquis, in particular in the domain of justice and home affairs. Specific information on the development of Turkey's ability to implement the acquis in the field of justice and home affairs can be found in the relevant section (Chapter 24 - Cooperation in the field of justice and home affairs) of part B.3.1. of this Report.
Recent developments
A major constitutional reform was adopted in October 2001 aimed at strengthening guarantees in the field of human rights and fundamental freedoms and limiting capital punishment. A new Civil Code was adopted in November 2001. Three sets of reform packages were adopted in February, March and August 2002.
The adoption of these reforms demonstrates the determination of the majority of Turkey's political leaders to move towards further alignment with the values and standards of the European Union. These reforms were adopted under difficult political and economic circumstances, and represent a major shift in the Turkish context. The building of political consensus around these changes was prepared by an intensive public debate concerning EU accession which took place in Turkey during the last year with the participation of political parties, civil society, business as well as academic circles.
The debate focused on the fulfilment of the Copenhagen political criteria, particularly the abolition of the death penalty, Radio/TV broadcasting and education in languages other than Turkish. Turkey's future in the EU was the subject of a meeting convened by President Sezer on 7 June 2002 with leaders of most political parties represented in Parliament. At the end of the meeting, a statement was issued confirming that EU membership was a common objective for the political parties represented at the meeting.
The reform package adopted by Parliament in August 2002 was particularly far reaching. Among the amendments adopted are the lifting of the death penalty in peace time, the possibility for Radio and TV broadcasting in Kurdish, the widening of freedom of expression and greater freedom for non-Moslem religious minorities.
The National Security Council recommended on 30 May 2002 that the state of emergency in two provinces of the Southeast be lifted.. The Turkish Parliament endorsed this recommendation and this measure entered into force on 30 July 2002. The National Security Council also recommended the lifting of the state of emergency in the two remaining provinces by the end of the year.
Substantial economic reforms continued, supported by the IMF and the World Bank. This contributed to the stabilisation of the Turkish economy. The banking sector underwent restructuring while efforts continued to reform the energy, telecommunications and agriculture sectors. There was, however, no significant progress in privatisation.
In August 2002, Parliament decided to call early elections on 3 November 2002.
The Turkish government has declared its continued support for the efforts of the United Nations Secretary General to achieve a comprehensive settlement of the Cyprus problem.
In December 2001, direct talks between the leaders of the two communities in Cyprus started with the aim of reaching a comprehensive settlement.
Relations between Turkey and Greece have continued to improve. Exploratory contacts on the Aegean between the two foreign ministries started in March 2002. Several bilateral agreements have been ratified.
Despite progress, the issue of Turkey's participation in decisions on EU-led operations using NATO assets as part of the European Security and Defence Policy has remained unresolved.
The Constitutional Court continued its judicial proceedings against the HADEP party on the basis of alleged links with a terrorist organisation.
A number of students across the country petitioned for optional language classes in Kurdish to be taught in universities. While in some universities several petitions were accepted, in others they could not be submitted. The High Education Board (YÖK) issued injunctions to university rectors to impose disciplinary sanctions on the petitioners. Some students were subject to criminal proceedings by the State Security prosecutor in several cities. In a number of instances, the cases resulted in acquittals.
Turkey organised the EU-OIC (Organisation of Islamic Conference) Forum on "Civilisations and Harmony, the Political Dimension" in Istanbul in February.
In June, Turkey took over the command of the Afghan peacekeeping Force (ISAF).
1.1. Democracy and the rule of law
Parliament
Parliament adopted some 45 new laws including the new Civil Code (1030 articles) and the three 'reform packages' implementing the 2001 constitutional amendments. Parliament also re-adopted without change two laws that had been vetoed earlier by the President, namely the law on conditional release of prisoners and the High Audio Visual Board (RTÜK) Law on broadcasting. The latter law was subsequently amended as part of the third reform package of August 2002.
Parliament made efforts to increase its efficiency by changing its internal regulation. In January 2002, a number of deputies appealed to the Constitutional Court against the new internal regulation. The Court ruled that the new regulation was partly unconstitutional. In the court's opinion the "Questions and Answers" period should not be limited to 10 minutes and members of Parliament should be allowed to ask questions on individual articles of draft laws and to submit more than 3 amendments to each article of a draft law.
Parliament adopted an amendment to Article 86 of the Constitution concerning salaries and pensions of Members of Parliament.
The Parliamentary Committee on Human Rights resumed its activities and has met 8 times since last October. The committee organised special visits to police stations, prisons, orphanages and NGOs in Antalya, Eskisehir, Kocaeli, Trabzon,Van and Siirt, and produced reports after each visit. Two additional sub-committees were established to investigate the issue of illegal telephone tapping and human rights violations during demonstrations in Istanbul.
Two deputies from the Fazilet ("Virtue") Party lost their seats in Parliament after the publication in the Official Gazette of the decision of the Constitutional Court to close their party on the grounds of anti-secular activities.
A new Parliamentary group was formed called "New Turkey" (YTP).
Discussions continued on the setting up of a Parliamentary Committee for EU Integration.
The Committee on Constitutional Affairs discussed a number of constitutional amendments mainly related to the powers of the executive.
The Executive
The current three-party coalition has been in office for more than three years. Differences regarding political and economic reform have emerged among the coalition partners. In July, the ruling coalition lost its majority in Parliament following the resignation by many MPs from the senior government party. Since then, there has been a minority government. Following the decision to hold early elections several ministers resigned and have been replaced. The President of the Republic exercised his right of veto with regard to several laws, notably the law on conditional release of prisoners, the State Security Courts Law, the law on restructuring of the financial sector debt and the amendments to the property tax law. In June 2002, the President appealed to the Constitutional Court against the law on broadcasting (RTÜK) and the law on conditional release, which following an earlier presidential veto had both been re-adopted by Parliament unchanged.
The President also vetoed the amendment to Article 86 of the Constitution concerning the increase of the wages and salaries of Members of Parliament, because this was considered inappropriate at a time of considerable economic difficulties.
In the field of public administration, efforts have been made to improve the quality of public management and staffing. A general regulation concerning the persons to be appointed to public offices was adopted in May 2002. This lays down the general principles and procedures for the selection of public officials. A new system of management has been put in place in the Ministry of Education.
In January 2002, the Government adopted an Action Plan on Enhancing Transparency and Good Governance in the Public Sector. This will have implications for the duties and responsibilities of both central and local administrations.
The General Secretariat for EU affairs (EUSG) has further consolidated its role co-ordinating the implementation of the NPAA and the pre-accession strategy. A translation co-ordination unit has been established. Organisational arrangements have been made to foster closer co-operation with other departments and agencies. Consultations between the EUSG and social partners, the private sector and non- governmental organisations have been reinforced. Thirteen working groups have been set up with representatives of civil society.
The EUSG has been involved in preparing the detailed legislative scrutiny of the acquis, within the framework of the eight sub-committees under the EC-Turkey Association Committee.
The role of civilian officials in local administration has been strengthened. As a result of the modification of Article 9 of the Law on the Organisation, Duties and Powers of the Gendarmerie, military officers are no longer entitled to act in provincial administrations as deputy for the Governor in the latter's absence. This change represents a significant step towards the demilitarisation of the provincial administration.
The Judicial System
The Turkish judicial system comprises a Constitutional Court, a Council of State, a Supreme Court, a Court of Jurisdictional Disputes and a general system of courts of first instance. There are also State Security Courts and Military courts. The Turkish court system is organised as a two tier system where the Supreme Court performs the function of High Court of Appeal.
Some changes have taken place in the judicial system.
The system of enforcement judges established in May 2001 is now in place, through the appointment of 140 judges in criminal courts across Turkey (see below on the reform of the prison system under Civil and political rights).
A new Civil Code was adopted by Parliament in November 2001 and entered into force in January 2002. It introduces changes in areas such as gender equality, freedom of association and child protection (see below under Economic, social and cultural rights).
The State Security Courts continue to function. Their operation has been modified following the adoption of a number of legislative amendments, notably to the Law on the Establishment and Prosecution Methods of State Security Courts and the Law on the Fight Against Criminal Organisations. As a result, offences relating to organised crime and fraud in the banking sector no longer fall under the competence of the State Security Courts.
The right of defence for detainees falling under the competence of the State Security Courts has been improved. The final paragraph of Article 16 of the Law on the Establishment and Prosecution Methods of State Security Courts has been abolished. This provision limited detainees' right of access to a lawyer and required the presence of a third person, normally a public official, at meetings between the detainee and his lawyer. Detainees prosecuted for collective offences falling under the jurisdiction of State Security Courts are now legally entitled to access to a lawyer, but only after 48 hours (see below under Civil and political rights).
Despite these limitations to the jurisdiction of State Security Courts, the powers, responsibilities and functioning of these Courts still need to be brought in line with European standards.
The National Judicial Network Project has continued. The project, which is now in its second phase, aims to establish an information system between the courts and all other institutions of the Ministry, including prisons, with a view to accelerating court proceedings and ensuring uniformity and efficiency.
The judicial system is faced with a large backlog. There are currently 1,153,000 criminal cases and 548,000 civil cases pending. The average duration of judicial proceedings remains long: 406 days in general criminal courts and 241 days in general civil courts. The Ministry of Justice reports the average duration of proceedings to be longer at juvenile courts than in other courts (2000: 755 days). Furthermore, in certain cases, the duration is much longer than the average (see below on torture and mistreatment under Civil and political rights).
There has been no progress with regard to the establishment of intermediate courts of appeal. The Supreme Court has thus far performed the functions of a court of second instance. The establishment of a Court of Appeal would be an important step forward in ensuring the right to a fair trial, and increase the speed and efficiency of the judiciary.
One of the difficulties of the judicial system appears to be the inconsistent use, by public prosecutors, of a broad range of articles of the Penal Code, when applied to cases related to freedom of expression3.
In spite of the amendments to the provisions on freedom of expression (Articles 159, 312 and Article 8 of the Anti terrorist law), there has been a certain tendency by prosecutors to use other provisions of the Penal Code, which were left unchanged by the harmonisation packages, to limit freedom of expression. This is particularly the case for Article 169 (support for illegal armed organisations) that was applied to students petitioning for optional language courses at university.
Day to day practice shows differences in the interpretation of the law in practical cases. As a result, there is a lack of clarity, transparency and legal certainty. There is evidence that in some cases the judge, invoking the same law provisions, decided to grant an acquittal while in other cases the opposite decision was taken4. This in turn raises the question of the predictability of interpretation of the law.
The Supreme Court has started to apply the provisions of the reform packages, in particular in the field of freedom of expression and the fight against torture. In a number of cases, the Court has overruled judgements on the grounds that they were contrary to the newly introduced provisions.
On the other hand, the Supreme Court overruled a decision of the State Security Court in Diyarbakir which appeared to be based on the newly introduced provisions, in particular on the new version of Article 312 of the Penal Code. In this case, the Diyarbakir State Security Court decided to delete the criminal records of Tayyip Erdoğan, the leader of the AKP party, convicted under the old Article 312. The State Security Court ruled that the act for which he was convicted was no longer considered as a criminal offence under the new version of Article 312. This would have allowed Mr Erdoğan to participate in the elections of 3 November, but the Supreme Court ruling, followed by the subsequent decision of the High Electoral Board effectively prevented this.
As regards juvenile courts, two more courts were established in Diyarbakir and Istanbul, bringing the total to eight. Work is underway to establish juvenile courts in eight other provinces. The extension of these juvenile courts to all regions has been slower than planned. There has been no progress concerning the structure and the remit of juvenile courts. Their competence is limited to juveniles between 11 and 14 years. Consequently, juveniles between 15 and 18 are tried by ordinary courts. Where juvenile courts do not exist, juveniles are tried by ordinary courts.
No progress can be reported on establishing additional forensic medicine institutes.
There are continued reports that the judiciary does not always act in an independent and consistent manner.
As regards the application of the European Convention on Human Rights (ECHR), the Constitutional Court's ruling of 20 March 2002 is a positive development. In this ruling, the Court recognised that the ECHR is a source on which the Turkish courts can base decisions. This should help guarantee fair trial under Article 6 of the ECHR. However, the issue of the direct effect of the judgements of the European Court of Human Rights (EctHR) remains to be addressed.
As part of the third "reform package" adopted in August 2002 provisions have been added to the Turkish legal system to allow for retrial in the event of convictions, both in civil and criminal cases, that have been found contrary to the ECHR. The newly adopted measures have paved the way for reopening impugned proceedings. These new provisions will only apply to decisions taken pursuant to applications made to the ECtHR after August 2003.
Legal measures are also required to ensure the restoration of civil and political rights where those rights have been restricted in violation of the ECHR, and to ensure the clearing of criminal records (see also below on Human rights and protection of minorities).
Another area of concern remains the jurisdiction of military courts over civilians. In 2001, 176 cases involving 358 civilians were dealt with by military courts, mostly in relation to charges of fraud in avoiding military service or obstructing, intimidating and insulting soldiers on duty.
Training programmes have continued, covering such issues as fair trial, the fight against organised crime and the new Civil Code. Regional seminars were organised, in particular in the areas of prevention of torture and freedom of expression. Two thousand judges and prosecutors have been trained in forensic medicine law. Training through a joint programme of the European Commission and the Council of Europe on ECHR case law for the judiciary is to start in autumn 2002. The Ministry of Justice has planned seminars for judges and prosecutors starting in Ankara and other provinces for the autumn.
Anti-corruption measures
Surveys indicate that corruption remains a serious problem in Turkey. The high-level steering committee set up by the Government in 2001 has stimulated anti-corruption measures.
In January 2002, the Government adopted an Action Plan on Enhancing Transparency and Good Governance in the Public Sector. Whilst the plan has the wider objective of improving the performance of public services, it has implications for preventing corrupt practices by enhancing transparency. It envisages the adoption of a number of measures, such as a code of ethical conduct for civil servants and public administrators, strengthening the inspection and audit system, and stepping up the fight against money laundering.
It also provides for the setting up of specialised courts for corruption cases. Accountability and transparency in election campaign financing is to be improved, notably by amending the Political Parties Law, so as to oblige parties to disclose their sources of financing and setting upper limits to contributions. It is planned to amend the relevant legislation on compulsory declaration of resources (Declaration on Wealth, Bribery and Anti-Corruption) in order to increase public access to financial disclosure statements by public officials. The creation of a specialised judicial police force, under the supervision of the Chief State Prosecutor, has also been proposed.
In May 2002, the Government adopted a circular appointing five Ministers to implement the Action Plan. Several authorities are responsible for the measures foreseen under the Action Plan in the Public Sector.
In January 2002, Parliament adopted a new Law on Public Procurement with the aim of enhancing transparency and curbing corruption. The law was amended on a number of basic points in June 2002. A Public Procurement Authority has been established and its ten board members, including the president, were appointed in April 2002 (see also B.3 Chapter 1 Free movement of goods).
The Prime Ministry Inspection Board is responsible for establishing the general principles of inspection, as well as carrying out inspections and auditing any public or private organisation.
Turkey has still not ratified neither the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime, nor the Council of Europe Civil Law and Criminal Law Conventions on Corruption signed on 27 September 2001. It is a party to the OECD Convention on Combating Bribery of foreign public officials in International Business Transactions, and participates in the monitoring of anti-corruption measures by the OECD Working Group on Bribery in international commercial transactions. Turkey is not a member of the Council of Europe Group of States against Corruption (GRECO).
Official data suggest a steady increase in the number of cases opened related to abuse of duty by civil servants (Article 209 of the Turkish Penal Code). The latest data indicate that 190 cases were opened and 161 cases (from previous years) were concluded. Of those charged, 84 were sentenced and imprisoned, 43 acquitted, and 1 case was dropped.
In relation to bribery, there were 855 cases opened in 2000 (a significant increase vis-à-vis previous years). Six hundred and fifteen cases were concluded. Three hundred and thirteen resulted in convictions including imprisonment, and 249 in acquittals. Eight cases were dropped.
According to official sources, 32 investigations were being conducted by Customs Protection Controllers.
Overall, a number of steps have been taken to prevent corruption and corrupt practices. The adoption of a strategy to enhance transparency and good governance is a welcome development, and due attention should now be given to its implementation.
The National Security Council
The constitutional amendment introducing changes to the composition and the role of the National Security Council has been put in practice. A draft law aimed at implementing this amendment is still pending before the Parliament. The number of civilians has increased from 5 to 9 compared with 5 military members.
The National Security Council (NSC) is formally an advisory body. In practice its opinions carry more weight than mere recommendations and its military members are particularly influential. The National Security Council holds monthly meetings. After each meeting conclusions are made public through a press release. The NSC has issued opinions and recommendations on a number of governmental issues and policies, including emergency rule in the Southeast, the fight against terrorism, political and economic reforms relating to Turkey's compliance with the EU accession criteria, and Cyprus.
On 30 May 2002, the National Security Council recommended lifting the state of emergency in the provinces of Hakkari and Tunceli on 30 July. At the same time it recommended an extension of the state of emergency for Diyarbakir and Şirnak while indicating that the state of emergency in those provinces should be lifted by the end of the year. On various occasions throughout the year, military members of the National Security Council expressed their opinions about political, social and foreign policy matters in public speeches, statements to the media and declarations. They also played an active role in the debate about reforms to comply with the EU political criteria. They have been particularly active on issues such as cultural rights, education and broadcasting in languages other than Turkish.
The role of the NSC in the High Audio Visual Board has been strengthened as a result of the law on broadcasting (RTÜK), which was re-adopted by Parliament following a veto by the President and is currently pending before the Constitutional Court.
The Armed Forces enjoy a substantial degree of autonomy in establishing the defence budget. Details of the military budget have been made public via the press. There are still two extra-budgetary funds available to the military in spite of the efforts of the Government to close such funds and make such expenditure subject to normal budgetary procedures. The NSC has continued to be an important factor in domestic politics. The introduction of a civilian majority of members and the limitation to an advisory role, in line with the Accession Partnership priority, do not appear to have changed the way the NSC operates in practice. Although decisions are taken by majority, opinions of its military members continue to carry great weight.
1.2. Human rights and the protection of minorities
The constitutional amendments of October 2001 led to the adoption of three sets of implementing legislation in 2002.
The three "reform packages", adopted in February, March and August 2002 in Acts No 4744, 4748 and 4771, modified various provisions of Turkey's major legislation and addressed a wide range of human rights issues, including the death penalty, the exercise of fundamental rights and freedoms, pre-trial detention and legal redress.
The government appears determined to ensure a swift implementation of the new provisions. It is making efforts to provide for the approval of all required regulations and administrative measures by November 2002.
Further detailed assessments of this legislation are given below.
Turkey has made some progress with regard to the various international conventions on human rights. In April Parliament ratified the 1969 UN Convention on the Elimination of All Forms of Racial Discrimination. Turkey introduced a reservation to Article 22 of the Convention, to the effect that cases involving Turkey can only be referred to the International Court of Justice with its consent. In July 2002, Turkey signed the European Agreement Relating to Persons Participating in Proceedings of the European Court of Human Rights. No progress has been made in acceding to other major international human rights instruments such as the Statute of the International Criminal Court, the UN International Covenant on Civil and Political Rights, and the UN International Covenant on Economic, Social and Cultural Rights.
In January 2002 the Government decided to withdraw the derogation made in 1992, concerning Article 5 of the ECHR ("right to liberty and security") with regard to provinces under emergency rule. In line with the constitutional and legislative amendments, the maximum pre-trial detention (police custody) period is now four days before the detainee needs to be brought before a judge, plus a possible three day extension in the areas under emergency rule. This is an improvement on the previous maximum of ten days.
Notwithstanding the revision of Article 38 of the Constitution and the amendment of the Penal Code (see below under Civil and political rights) Turkey did not sign Protocol 6 or Protocol 13 to the ECHR on the abolition of capital punishment. Turkey has not signed the Council of Europe Framework Convention for the Protection of National Minorities.
Between 1 October 2001 and 30 June 2002, 1874 applications regarding Turkey were made to the European Court of Human Rights (ECtHR). Of these, the majority (1125) were related to Article 6 of the ECHR ("right to a fair trial"). Three hundred and four were concerned with Article 5 ("the right to liberty and security"), and 246 applications were made under Article 3 ("prohibition of torture"). One hundred and four pertained to Article 11 ("freedom of assembly and association"), and 95 to freedom of expression (Article 10).
Turkey's failure to execute judgements of the European Court of Human Rights (ECtHR) remains a serious problem. There are, for example, 90 cases where Turkey did not ensure fully the payment of just satisfaction ordered by the Court and 18 cases, related to the exercise of freedom of expression, where the authorities did not erase the consequences of criminal convictions violating the ECHR.
In July the Committee of Ministers of the Council of Europe adopted an Interim Resolution5 regarding Turkey's lack of compliance with some 40 judgements of the ECtHR, delivered between 1996 and 2002, on violations of the ECHR by Turkish security forces (see below).
On 30 April, the Committee of Ministers of the Council of Europe adopted an Interim Resolution6 urging the Turkish authorities to respond to the Committee's repeated demands that the situation of former Members of Parliament Sadak, Zana, Dicle and Dogan be remedied. The Committee called on Turkey to reopen the proceedings, or undertake other ad hoc measures, so that all consequences of the violation of the right to a fair trial should be erased.
The Loizidou case, concerning the continuing violation of the applicant's right to property and the non-payment of the just satisfaction awarded by the Court, is also under continued consideration by the Committee of Ministers of the Council of Europe. There was no follow-up to the third Interim Resolution7 regarding this case, adopted in June 2001, in which Turkey was condemned for the non-execution of the judgement of the European Court of Human Rights of 28 July 1998.
In September, the Parliamentary Assembly of the Council of Europe adopted a co
