AMED – Amed Bar Association President Abdulkadir Güleç stated that the criticisms of the European Parliament must be addressed on a sound basis, and that democratic legislative reforms must be implemented.
In its annual report on Turkey, adopted with 381 votes, the European Parliament (EP) stated that at a time when the European Union's (EU) enlargement policy has regained momentum, the window of opportunity has not been seized due to the lack of democratic reform.
The report, which drew attention to the fact that despite Turkey's statements reaffirming its commitment to EU membership it has not resolved the fundamental problems affecting the accession process, pointed to the Peace and Democratic Society Process, noting that Turkey's stalling tactics and its attitude toward the subsequent stages of the process have made it more fragile and more vulnerable to external developments. The report emphasized that the process should be an opportunity to address human rights problems and strengthen democratic institutions.
Sharing his assessments of the EP's report, Amed (Diyarbakır) Bar Association President Abdulkadir Güleç drew attention to the fact that Turkey's EU journey has continued for years, recalling that EU membership relations, which gained momentum in 2005, have been frozen since 2018. Güleç stated that the report contains sections on the Kurdish issue, human rights, and problems concerning obligations under national and international laws and conventions.
Stating that these sections address Turkey's failure to fulfil its obligations, Güleç said: "It contains very serious assessments both regarding the process and Turkey-Greece relations, as well as the pressures applied against the Republican People's Party (CHP) and particularly the 'absolute nullity' ruling. This report was no surprise to me."
Stating that an environment in which the Kurdish issue is resolved and extricated from the spiral of violence would also positively affect Turkey's process of EU accession, Güleç said: "It would also make a serious contribution to Turkey's democratization and to the reduction or ending of the human rights violations experienced in Turkey. Undoubtedly, these are important factors on the road to the EU process."
Stating that many human rights violations have also intensified due to the unresolved nature of the Kurdish issue, Güleç noted that the resolution of the Kurdish issue would also be a positive step toward EU membership.
REFORMS THAT NEED TO BE CARRIED OUT
Güleç stated that, within the scope of the recommendations and criticisms contained in the report, certain reforms and legislative changes could be made.
Güleç listed the steps as follows: "The report contains very harsh criticisms regarding the fact that Osman Kavala and Selahattin Demirtaş are being held in prison due to the non-implementation of Constitutional Court rulings. First of all, these Constitutional Court rulings need to be implemented. Likewise, the release of prisoners — including ill prisoners — who have been held in prison for 33-34 years under very difficult conditions should be secured without the need for legislative arrangements.
After these practical steps are implemented, a 'framework law,' a 'special law,' needs to pass through Parliament for this process to be freed from the spiral of violence. This is the urgent need. After the special law is enacted, a reform needs to be implemented addressing the legal, statutory and practical obstacles to Turkey's democratization in general. The freedoms of organization, thought and expression, and press freedom, must be implemented without being subject to any pressure, and the pressures on people waging the struggle for democracy as a whole must be eliminated. These are developments that will determine Turkey's coming century, and these are the reforms that need to be made. Our wish is for these reforms to be implemented."
Güleç noted that the process could achieve success through the implementation of a will and a policy that addresses the democratic resolution of the Kurdish issue through a new constitution and legal reforms.
MA / Rukiye Payiz Adıguzel