Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-04-22-Speech-4-007"
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"en.20040422.1.4-007"2
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".
Mr President, the case of Leyla Zana casts a negative shadow over the implementation of political reforms. In a statement made yesterday, the Commission strongly deplored yesterday’s verdict by the Ankara State Security Court confirming the sentencing of Mrs Zana to serve her full prison term until June 2005.
Let me briefly remind you of the background to this case. As part of the political reforms adopted in Turkey in the period 2002/2003, new provisions were introduced in the Turkish legal system allowing for the retrial of persons whose convictions the European Court of Human Rights has found to violate the European Convention on Human Rights and Fundamental Freedoms. This was a specific priority under the Accession Partnership with Turkey. Another priority concerns the need to remedy the situation of those persons prosecuted or sentenced for non-violent expression of opinion.
Following the introduction of these new provisions, a decision was taken in February 2003, under which Mrs Zana and her three co-defendants were to be retried by the Ankara State Security Court. However, in spite of the several sessions held by the Ankara State Security Court, retrial largely resulted in a repetition of the previous trial, leading to persistent concerns about the respect for the rights of the defence and the principle of presumption of innocence, as acknowledged by independent international experts.
The Commission has repeatedly expressed its concerns to the Turkish authorities in the framework of the political dialogue. In our view, while fully respecting the principle of independence of the judiciary, the way this case has been handled shows the gap that exists between the spirit of the reforms and their actual implementation.
As I mentioned, the trial against Mrs Zana was held at a State Security Court. It is worth recalling that, according to the relevant priority under the Accession Partnership, the European Union has repeatedly asked Turkey to align the functioning of the State Security Courts with European standards. We note that the abolition of these courts is among the measures envisaged in the next package of legislative reforms announced in Turkey.
I should also like to point out that in his speech before the Turkish Parliament in January 2004, President Prodi called for the immediate release of Mrs Zana. Moreover, the Commission has raised this issue several times in its regular report and within the framework of the political dialogue with the Turkish authorities.
We understand that the lawyers representing the defendants have announced their intention to refer the case to the Court of Cassation and hope that it will be dealt with in accordance with all the relevant principles of equal justice."@en1
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