MOTION FOR A RESOLUTION on Human rights situation in Turkey, notably the case of Selahattin Demirtas and other prisoners of conscience

B9‑0080/2021

European Parliament resolution on Human rights situation in Turkey, notably the case of Selahattin Demirtas and other prisoners of conscience

(2021/2506(RSP))

The European Parliament,

–  having regard to its previous resolutions on Turkey,

–  having regard to the European Court of Human Rights’ Grand Chamber ruling on December 22, 2020 on Case of Selahattin Demirtas v. Turkey (No. 2);

–  having regard to the Commission communication of 6 October 2020 on EU enlargement policy (COM(2020)0660) and to the accompanying Turkey 2020 Report,

–  having regard to Rule 144 of its Rules of Procedure,

A. whereas Turkey is an important partner of the EU and candidate for membership; whereas respect for the rule of law, including the separation of powers, for democracy, freedom of expression and media, freedom of association, religious freedom and the rights of minorities are at the core of international and domestic law, as well as accession criteria;

B. whereas since the failed coup attempt in 2016, the bloodiest in political history of the country, the Turkish authorities undertook firm actions to punish individuals and groups responsible for the coup;  whereas many of those actions also affect the rule of law in Turkey which has increasingly been under pressure, with judicial harassment, arbitrary detention, travel bans and many other restrictive measures targeting not only those responsible for the illegal attempt of overthrowing the government but anyone suspected of belonging to the Gülenist movement, as well as civil society actors, journalists, lawyers, academics and writers; whereas public officials continue to be dismissed or suspended by decree without due process; 

C. whereas since the 2010s, there has been a rise in terrorist attacks on Turkish soil, causing deaths of dozens of civilians; whereas Turkey is under systematic alert to security threats emanating mostly from Syria;

C. whereas the crackdown also extended to the pro-Kurdish opposition party People’s Democracy Party (HDP), and included the HDP co-chair Selahattin Demirtaş’ who was held in  pre-trial detention since 4 November 2016, facing an aggregated prison sentence of up to 142 years; 

D. whereas on 20 December 2020 the Grand Chamber of the European Court for Human Rights (ECHR) issued a judgment in the case of Demirtaş, finding that Turkey had violated the European Convention rights protected by articles 5.3 (right to liberty regarding prolongation of detention) and Article 3 Protocol 1 (the right to free and fair elections), and violated Article 18 (misuse of limitations on rights in the Convention), as well as article 5.1 (lack of reasonable suspicion to justify Demirtaş’ initial detention), article 18 (politically motivated detention) and article 10 (freedom of expression);

E. whereas on December 2019 ECHR passed similar judgment in the case of Osman Kavala, a prominent civil society figure, detained since November 2017 and held for more than one thousand days in detention without  being convicted of any crime; whereas despite ECHR position, on 9 October 2020 Istanbul court extended Mr Kavala’s detention on charges of espionage and attempts to overthrow constitutional order during 2016 coup;

1.  Expresses concern about the continued detention of Selahattin Demirtas, Osman Kavala and other prisoners of conscience; calls on the Turkish authorities for their immediate release, in line with the ECHR rulings;

2.  Recalls that the rule of law, freedom of expression, freedom of assembly and association, diverse and independent media as well as strong civil society are essential elements of a democratic system; stresses that Turkey must aspire to the highest possible standards and practices in accordance with the human rights obligations pursuant to the international human rights conventions to which it is a party; reiterates that Turkey as a candidate country and long-standing member of the Council of Europe,  urgently needs to make concrete and sustained progress in the respect of fundamental rights, which are a cornerstone of EU-Turkey relations; is of the opinion, that continues regress in these fields should have an impact on EU-Turkey relations in its entirety;

3.  Is alarmed at reported cases of torture and ill-treatment of prisoners in detention and urges the Turkish authorities to live up to its domestic obligations to justice and rule of law as well as international commitments, .i.e. under the European Convention on Human Rights and the case law of the European Court of Human Rights;

4. Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the President, Government and Parliament of Turkey, as well as legal representatives of Selahattin Demirtaş and Osman Kavala.