2010 ilerleme raporu - Avrupa Birliği Bakanlığı

esistance to security officers for their participation in meetings or demonstrations, will no
longer be sentenced also for membership of a terrorist organisation. In general, the law
provides for the non-application on juveniles of a number of aggravating circumstances
included in the Anti-Terror Law. This is expected to reduce in practice significantly the prison
sentences imposed on children participating in meetings or demonstrations. Finally, the law
foresees that juvenile courts can decide to postpone the announcement of a judgement, to
convert a prison sentence to alternative sanctions, or to suspend the sentence for terror-related
crimes.
As regards minority rights and cultural rights, Turkey has made progress on cultural rights,
especially by further relaxing use of the Kurdish language in private TV and radio broadcasts
and in prisons. The 24-hour Arabic-language TV broadcasts started in 2010 in addition to the
Kurdish-language TV channel which started the previous year. However, restrictions remain,
particularly on use of languages other than Turkish in political life, education and contacts
with public services. The legislation on use of languages other than Turkish is open to
restrictive interpretations and implementation is inconsistent. There has been some progress in
the situation of the Roma, as their issues have become more publicly debated, and
implementation is underway. However, Roma still frequently face discriminatory treatment.
Turkey's approach on minorities remains restrictive. Full respect for and protection of
language, culture and fundamental rights, in accordance with European standards, have yet to
be fully achieved. Turkey needs to make further efforts to enhance tolerance or promote
inclusiveness vis-à-vis minorities.
Overall, there has been progress in the area of the judiciary. The adoption of the constitutional
amendments on the structure of the High Council of Judges and Prosecutors along with the
limitation of the competence of military courts is a positive step. Attention needs to be paid on
the establishment of an effective dialogue with all stakeholders and the civil society at large,
and on the implementation of these reforms in line with European standards. With respect to
anti-corruption, progress was made as regards the development of a comprehensive anticorruption
strategy and an action plan as well as a body to oversee and monitor their
implementation. However, effective implementation of the Strategy is necessary to mitigate
corruption which remains prevalent in many areas. Turkey needs to develop a track record of
investigation, indictments and convictions. With regard to fundamental rights, progress has
been made. Constitutional amendments bring important changes in the area of data protection,
trade union rights, women and children's rights. However, further significant efforts are
needed in most areas, in particular freedom of expression and freedom of religion. Turkey's
approach to minority rights remains restrictive.
4.24. Chapter 24: Justice, freedom and security
Some progress has been made with regard to migration. An amendment to Article 79 of the
Turkish Penal Code on smuggling of migrants increasing the sentences for those involved in
migrant smuggling, was adopted in July 2010. In March 2010, a circular was issued by the
Ministry of the Interior on combating irregular migration. According to the circular, an
irregular migrant for whom the legal procedures have been completed will be placed in a
removal centre or alternative premises previously indicated by the governorate. The circular
also lays down the ‘principles concerning the physical conditions in removal centres and the
practices adopted in these centres’, stating that removal centres need to be regularly inspected
by the governor, district governor and the Turkish National Police (TNP); allegations of
human rights violations in removal centres need to be investigated; irregular migrants need to
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