Vol. 476 No. 5
8 Mr. E. Ryan asked the Tánaiste and Minister for Foreign Affairs the steps, if any, being taken by the EU to ensure that Turkey complies with the provisions contained in a recent report by the European Committee on the Prevention of Torture, in view of Turkey's membership of the Council of Europe. [7470/97]
The European Union and its member states, including Ireland, have a fundamental interest in developing and strengthening relations with Turkey, a country associated with the EU under the terms of the 1963 Ankara Agreement and with which the EU has entered a customs union. In seeking to pursue this objective, the European Union has also made clear on many occasions that the observance of the rule of law and the full implementation of basic human freedoms form the basis for the further development of relations between the EU and Turkey. We fully share this approach.
In this regard, I refer also to my reply to Question No. 52 of 13 February 1997, in which I set out the policy of Ireland and our EU partners on human rights in Turkey. As I stated in that reply, human rights in Turkey remain a matter of serious concern. In the meantime, the Turkish authorities have announced new initiatives to amend criminal legislation to diminish the risk of torture. The measures include reducing the period of detention and requiring the registration of detainees and the inspection of detention centres. We welcome these initiatives as steps in the right direction within an ongoing process of reform. However, it will be essential that these measures are rigorously implemented and built upon. We will continue to stress this to the Turkish Government, with the aim of ensuring full respect for and protection of human rights for the citizens of Turkey.
In my reply to Question No. 52 on 13 February, I also addressed the question of a resolution on Turkey at the annual session of the United Nations Commission on Human Rights, which is now under way in Geneva. The position remains as outlined in that reply. Ireland and our European Union partners will avail of the session to highlight our concerns on human rights in Turkey and to impress on the Turkish authorities the need for tangible progress in this regard.
As regards action within the Council of Europe, the primary mechanism for dealing with human rights abuses is the European Convention on Human Rights, or ECHR, and its control mechanisms, the European Commission and Court of Human Rights. Article 3 of the convention states that no one shall be subjected to torture or to inhuman or degrading treatment or punishment. Turkey is a party to this convention and, accordingly, persons within its jurisdiction may lodge a complaint with the Commission in Strasbourg. Noting that the ECHR machinery relied on complaints made by the persons allegedly suffering infringements of their human rights, and that this avenue could be denied to persons in custody, the member states of the Council of Europe established the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment in 1987. Under its provisions, the committee referred to by the Deputy in his question was set up. The Council of Europe, through this committee and its other monitoring mechanisms, will continue to press for the necessary reforms in human rights in Turkey.
We welcome any improvement in Turkey's human rights record. However, is the Minister aware that in 1994 more than 50 cases of disappearances were reported to the UN working group on enforced or involuntary disappearances from Turkey? In 1995, 35 more disappearances were reported by Amnesty International; in March 1995, 22 people were shot dead by police in political disturbances in Istanbul; and in the same year, there were approximately 100 political killings.
Police officers and gendarmes commit such violations and remain immune from prosecution under the law relating to prosecution of civil servants which permits local governors to block the prosecution of security force personnel. That law should be changed and action should be taken against the perpetrators of the acts I have listed.
I am aware of the human rights abuses in Turkey over the years. I read the reports in detail because I have had many discussions with representatives of the Turkish Government. At all times we have conveyed concerns at their human rights record from the Irish Government and people as well as those of the EU during our Presidency of the EU. There have been some recent improvements and I hope to see a continuation of those. The Turkish Foreign Minister has outlined changes to me and some of those have already gone through Parliament. The Turkish Government fully understands the necessity of respect for human rights and the maintenance of democratic institutions.
Will the Minister ask the EU to effect change in Article 8 of the Turkish anti-terrorism law, which says that dissemination of separatist propaganda, for example, remains an imprisonable offence? Does the Government recognise that greater pressure must be brought to bear on Turkey and will the Minister focus on that legislation in his next discussion with the Turkish authorities?
An association council with Turkey will take place shortly and these matters will be brought to the attention of the Turkish Government. Going back over many years, every opportunity is taken in meetings with the Turkish Government or its representatives to convey the deepest concern of the Irish Parliament, the Irish people and the EU in relation to the Turkish record on human rights.
Will the Minister confirm that despite the pressure being exerted on Europe by statements from the new US Secretary of State and other US sources on the early accession of Turkey to the EU, no such accession will take place in advance of a major reform of its human rights record?
The reality of Turkey's accession is that it will have to meet standards set down by the EU which will require drastic improvements in its human rights record.
