Brussels, 21/04/2004 (Agence Europe) - The Commission has "strongly condemned" the verdict of the State Security Court, which confirmed on Wednesday in Ankara the 15-year prison sentence against four former Turkish MPs from the pro-Kurdish Democracy party (DEP), the best-known of which is Leyla Zana. Ms Zana (who won the European Parliament's Sakharov Prize for Human Rights in 1995), Hatip Dicle, Orhan Dogan and Selim Sadak were handed down fifteen-year sentences at their original trial in 1994 for supporting the PKK; the confirmation of this verdict by the Security Court means that they will remain imprisoned until June 2005. "The case of Leyla Zana, who was condemned for the non-violent expression of opinions, gives rise to serious concern in the light of the Copenhagen political criteria [which Turkey is bound to fulfil if it is to start accession negotiations], and casts a negative shadow on the implementation of political reforms in Turkey", said Enlargement Commissioner Günter Verheugen on Wednesday. The Commission has repeatedly expressed its concerns, while fully respecting the principle of independence of the judiciary, about the respect for the rights of the defence and the principle of the presumption of innocence in Turkey, said Mr Verheugen. The Commission, which notes with satisfaction the fact that the government intends to abolish recourse to the State Security Court, puts all its hope into the Court of Appeal, to which Ms Zana and her colleagues will bring the case: "we hope that the case will be dealt with in accordance with all the relevant principles of fair justice", said Mr Verheugen.
The Commission spokesperson went further, warning the Turkish government that developments in the Zana case could damage Turkey's accession ambitions. "This is a new element which will certainly be taken into account" when the Commission finalises its report, scheduled for October, on Turkey's state of readiness to open accession negotiations. "I have no wish to speculate on the final assessment, but this is an element among others to be taken account of in our evaluation in October", said the spokesperson. When asked about the prospect of the EU's starting accession negotiations with a country holding political prisoners, he said: "the answer is no". "Ms Zana was arrested and sentenced for expressing opinions peacefully. Therefore, as far as we are concerned, she is a political prisoner", he added.
The President of the EP, Pat Cox, also voiced his regret at Wednesday's verdict. "The fact that this case was re-tried was itself positive, and a result of the thorough-going process of [political] reform being pursued, with great vigour, by Prime Minister Erdogan (...). I regret today's judgement, and find it particularly regrettable that many of the errors of judicial procedure identified in the original trial have been confirmed today", said Mr Cox. Today's events prove beyond doubt the need to abolish the State Security Court (an institution which is considered a hangover from the military regime which followed the 1980 coup d'etat), and start the "real implementation" of political and legal reform, he added. The EP is to approve a resolution on the case of Ms Zana and her colleagues on Thursday, announced Mr Cox.
Several members of the EP, who were present in Ankara to observe the trial, also criticised the Court's decision. "This verdict of guilt seriously harms Turkey's image and interests", said Luigi Vinci (PRC). "The trial took place in blatant violation of international law and in spite of indications returned by the European Court of Human Rights in its ruling of July 2001", said Mr Vinci, who also called for the abolition of the Turkish State Security Court. Speaking on behalf of the GUE/NGL group (which he presides), Francis Wurtz said that this second condemnation was "shocking, coming from a country which is an accession candidate to the EU, and which has on many occasions expressed its will to respect the Copenhagen criteria. We're a long way off that!". Joost Langendijk, the Chair of the EP ad hoc delegation to observe the re-trial of the Leyla Zana case, also expressed his "great disappointment". During the trial, the ad hoc delegation observed that rights of the defence were not respected, as defence witnesses were not allowed to be questioned. "We hope that the Court of Appeal will put an end to the repeated injustices committed against Leyla Zana and her colleagues. In the meantime we call for their immediate release", said Mr Langendijk.
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