Other

 

Support to civil society continues with the implementation of previously programmed EU financial assistance for civil society capacity building and civil society dialogue betweenTurkey and the EU, both under the national programme and the Civil Society Facility.In parallel an impact assessment of EU-Turkey Civil Society Dialogue was launched to draw conclusions for future assistance in this area.

 

 

The parliament’s role in addressing key policy challenges continues to be limited. Further efforts are needed to achieve systematic consultation with civil society and other stakeholders throughout the process. There was no progress in improving the parliament’s capacity to monitor performance and audit public expenditure, including defence expenditure, despite the improvement in the overall legal framework with the entry into force of the new Law on the Turkish Court of Accounts (TCA) in 2011.

Judicial System

Revision of the Justice Ministry’s 2009 Judicial Reform Strategy, whose objectives were achieved to a large extent, continues, with the participation of all stakeholders, the Turkish legal community and civil society.

 

Anti-Corruption Policy

In line with the National Anti-Corruption Strategy, the Executive Committee for Increasing Transparency and Fighting Corruption continued to work on proposals to revise anticorruption rules. This contributed to changes in the area of incrimination and the financing of presidential candidates. However, further legislative changes are needed to complete the technical work of the Executive Committee. The role of civil society also needs to be strengthened.

 

Civil and Political Rights

There has been limited improvement in access to justice. A Ministry of Justice webpage provides information on legal matters and brochures provide information on the procedures to follow. Bar associations and other civil society organisations also contributed to citizens’ awareness of their rights in terms of access to justice.

 

As regards freedom of expression, a number of journalists were released pending trial after excessively long periods spent in pre-trial detention. The third judicial reform package prohibits the seizure of written work before publication. It also eases restrictions on media reporting of criminal investigations. There continues to be room for debating some topics perceived as sensitive, such as the Armenian issue or the role of the military, and opposition views are regularly expressed.

 

However, these reforms fall short of a significant improvement regarding freedom of expression. The increasing incidence of violations of freedom of expression raise serious concerns, and freedom of the media continued to be further restricted in practice. The increasing tendency to imprison journalists, media workers and distributers fuelled these concerns. The Law on the Internet, which limits freedom of expression and restricts citizens’ right to access to information, needs to be revised. An Information Technologies and

Communication Board (ICTA) decision introducing optional internet filters entered into force. It is essential that it is implemented in line with European standards with regard to the right to receive and impart information and ideas without interference by public authorities.

 

Freedom of association legislation is broadly in line with EU standards. However, the need to change the legal framework with regard to political parties and trade unions was not met. There were examples of restrictive interpretation of legislation vis-à-vis associations and harassment of their leaders. Freedom of association for trade unions is compromised in practice by police raids, as happened in June with the arrests of more than 70 trade union activists, including the President of KESK, a civil service confederation.

 

Civil society organisations (CSOs) continued to face fines, closure proceedings, and administrative obstacles to their operation. A decree adopted in November 2011 giving additional authority to the Ministry of Health and creating a Board of Health Professions was criticised by the Turkish Medical Association and the World Medical Association for reducing professional autonomy. Two foreign civil society organisations were refused the

right to establish in Turkey. The trade union for civilian staff working for the military, SIME-SEN, is facing a court action to close it down, as civil servants employed in the Ministry of Defence and Turkish Armed Forces are not allowed to create or join trade unions. Legislative and bureaucratic obstacles impeding the financial sustainability of CSOs persisted. The collection of domestic and international funds was difficult and bureaucratic procedures cumbersome. There are numerous complaints of discrimination when applying for public benefit status for associations and in getting permission to raise funds.

 

Overall, regarding freedom of assembly and association, the picture was mixed. Where demonstrations were not authorised there were cases of violence and disproportionate use of force by the security forces, especially but not only in relation to the Kurdish issue. The constitutional right to freedom of assembly and association appears to be interpreted at times in an overly restrictive manner. There is a need to revise the law on demonstrations and meetings, to investigate allegations against members of the security forces for use of excessive force and to prosecute where appropriate. Fundraising rules remains restrictive and discretionary. There were no developments regarding legislation on political parties.

 

A court of first instance in Ankara rejected a request to ban an association which helped build cem houses, Alevi places of worship. However, this decision was reversed in June by the Court of Cassation. The case has been brought to justice by the Ministry of the Interior. New religious education textbooks containing information on the Alevi faith have been prepared by the Ministry of National Education for the academic year 2012-2013.

 

Non-Muslim communities — as organised structures of religious groups — continued to face problems due to their lack of legal personality, with adverse effects on property rights, access to justice, the ability to obtain work, residence permits for foreign clergy and fundraising. The relevant 2010 Council of Europe Venice Commission recommendations have yet to be implemented.

 

Overall, there was limited progress on freedom of thought, conscience and religion. There has been some progress on conscientious objection in terms of application of the case law of the European Court of Human Rights. Dialogue with the non-Muslim religious communities continued. However, people professing faith in minority religions or indeed no faith continued to be discriminated against, and were subject to threats from extremists. A legal framework in line with the ECHR has yet to be established to ensure that all non-Muslim religious communities and the Alevi community can function without undue constraints.

 

Homosexuality is not a criminal offence in Turkey. However lesbian, gay, bisexual and transgender (LGBT) persons continued to suffer discrimination, intimidation and were the victims of violent crime. LGBT employees and civil servants have been fired on the grounds of sexual orientation. Other reported spheres of discrimination against LGBT individuals include access to housing and to health services (especially in the case of transgender persons). A number of court cases and judicial proceedings are in progress.

 

Violations of the right to life, torture, ill-treatment and cases of sexual assault that occurred against LGBTs in Turkey during 2011 have been reported. Shortcomings in the investigation and prosecution of crimes against people with a different sexual orientation or gender identity led to impunity for the perpetrators.

 

Respect for and protection of minorities, cultural rights

Overall, there has been progress with the adoption of legislation amending the 2008 Law on Foundations. Implementation continues. However, the legislation still does not cover fused foundations (i.e. those whose management has been taken over by the Directorate General for Foundations) or properties confiscated from Alevi foundations. The ongoing cases against the Mor Gabriel Syriac Orthodox monastery raise concerns. Turkey needs to ensure full respect for the property rights of all non-Muslim religious communities and others.

 

Judiciary and fundamental rights

An increase in violations of freedom of expression has given rise to serious concerns, and freedom of the media continued to be further restricted in practice. The legal framework, especially as regards organised crime and terrorism, and its interpretation by the courts leads to abuses. Together with pressure on the press by state officials and the laying off of critical journalists this has led to widespread self-censorship. Frequent website bans are cause for serious concern and there is a need to revise the law on the internet.

 

Little progress was made on freedom of assembly and freedom of association. Where demonstrations took place without official consent there were cases of violence and disproportionate use of force by the security forces, especially where the demonstrations related to the Kurdish issue. There is a need to revise the law on demonstrations and meetings. There is also a need to revise legislation on fundraising for civil society organisations to help strengthen civil society. Legislation on civil servants’ trade unions and collective bargaining was amended. However, the new legislation is not fully in line with EU standards and International Labour Organisation conventions, especially with regard to collective bargaining, dispute settlement, and the right to strike, in relation to public servants. There is no sustainable mechanism for the participation of civil society in policy making. There were no developments regarding legislation on political parties.