2010 ilerleme raporu - Avrupa Birliği Bakanlığı

The draft law on the Turkish Court of Auditors, which envisages strengthening of the Court
and expanding its mandate, was adopted by the Plan and Budget Committee of the Parliament
in May and is currently on the agenda of the plenary.
Turkey needs to develop a track record of investigations, indictments and convictions.
As regards fundamental rights, there has been some progress (see also under political
criteria and chapter 19 Social policy and employment).
There have been developments on the institutions monitoring and promoting human rights.
The draft law on the establishment of the Turkish Independent Human Rights Institution was
submitted to parliament in February 2010. Opinions from NGOs were discussed by the
relevant parliamentary sub-committee. The draft law before parliament needs to be amended
to bring it into line with the UN framework, in particular as regards the independence and
functional autonomy of this new institution. It is important to conduct this process in close
consultation with NGOs.
As regards prohibition of torture and inhumane or degrading treatment or punishment, the
positive trend on prevention of torture and ill-treatment continued. Some high-profile cases of
human rights violations have resulted in convictions. However, disproportionate use of force
by law enforcement authorities continued and is of concern.
With regard to respect for private and family life, the constitutional amendments introduced
the protection of personal data and the right to access to information as constitutional rights.
In the area of freedom of thought, conscience and religion, freedom of worship continues to
be generally respected. The implementation of the Law on foundations continued amidst
administrative delays (see the chapter on Property rights). The dialogue with the Alevis and
with the non-Muslim religious communities continued but has not yet produced results.
Members of minority religions continue to be subject to threats by extremists. A legal
framework in line with the ECHR has yet to be established, so that all non-Muslim religious
communities and the Alevi community can function without undue constraints, including the
training of clergy.
Regarding freedom of expression, including freedom and pluralism of the media, there was
limited progress while open and free debate has continued and expanded. However, Turkish
law does not sufficiently guarantee freedom of expression in line with the ECHR and the
ECtHR case law. The high number of cases initiated against journalists and the frequent
website bans are a cause for concern. Undue political pressures on the media and legal
uncertainties affect the exercise of freedom of the press in practice.
As regards freedom of assembly and freedom of association, including the right to form
political parties and the right to establish trade unions, the legal framework on associations is
broadly in line with EU standards. However, there are still cases where associations are
subject to disproportionate controls of their activities and to judicial proceedings. There is no
progress on amendment of the legal provisions on the closure of political parties. Launching
of cases against LGBTT associations by administrative authorities, based on morality, limits
the full exercise of freedom of association. The Constitutional amendments broaden trade
union rights. However, there are restrictive provisions in the current legal framework, which
are not in line with EU standards and ILO Conventions (see Chapter 19 – social policy and
employment).
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