Enlargement Strategy and Main Challenges 2006 - 2007

As regards democracy and the rule of law, in the area of public administration a law
establishing an Ombudsman was adopted. No progress is reported with regard to civil service
reform.
In the area of civil-military relations the parliament passed revised procedures for military
courts enhancing guarantees for defendants. However, senior members of the armed forces
have continued making public statements to influence areas beyond their responsibilities.
There was progress in the area of judicial reform. However, implementation of the new
legislation by the judiciary presents a mixed picture so far and the independence of the
judiciary needs to be further established.
There was some limited progress on legislative reforms in the fight against corruption.
Corruption remains widespread. Anti-corruption policies are weak and the authorities
responsible for the fight against corruption need to be strengthened.
Concerning human rights and the protection of minorities, there has been a further decrease
in reports of torture and ill-treatment. However, allegations of torture and ill-treatment
outside detention centres and in the South-East give cause for concern. Impunity for
perpetrators of torture also remains a problem. The impact on fundamental freedoms of the
amendments to the anti-terror law needs to be followed closely. Such amendments introduced
a wide list of terrorism offences and weakened guarantees for defendants.
In general, open debate has increased in Turkish society on a wide range of issues, including
traditionally sensitive subjects. Notwithstanding this trend, freedom of expression in line with
European standards is not yet guaranteed by the present legal framework. A recent ruling of
the Court of Cassation establishes jurisprudence on Article 301 of the Penal Code which
restricts free speech. Moreover, a significant number of persons have been prosecuted for
expressing non-violent opinions. Article 301 and other provisions of the Turkish Penal Code
that restrict freedom of expression need to be brought in line with the European Convention of
Human Rights (ECHR).
Restrictions on freedom of assembly and freedom of association have eased, with improved
implementation of measures taken in recent years. However, in some cases security forces
made use of excessive force during demonstrations. Difficulties in establishing associations
promoting a specific cultural identity remain.
With regard to freedom of religion, the adoption of a law that was expected to improve the
situation of religious minorities has been postponed several times, and there has been no
change in the difficulties faced by the non-Muslim communities on the ground. There has
been no change in the situation of the Alevi community. A legal framework should be
established in line with the ECHR so that all religious communities can function without
undue constraints.
Women's rights receive growing public attention in Turkey, and civil society is increasingly
able to play a positive role in this area. The legal framework is broadly satisfactory. However,
in practice women's rights are not always protected, in particular in the poorest areas of the
country. 'Honour crimes' need to be investigated more systematically and where appropriate
followed-up with prosecution and convictions.
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