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CoE Local Democracy Watchdog slams Turkey's Mass Oppression of Elected Mayors : Back to 1990ies ?!
CoE Local Democracy Watchdog slams Turkey's Mass Oppression of Elected Mayors : Back to 1990ies ?!

*Strasbourg/CoE/Angelo Marcopolo/- "I have NEVER seen a SO BAD Situation as Now" in "Turkey", during 18 Years that I've been CoE's Rapporteur on Local Democracy for that Country, "since 1999" : - "We are BACK TO the Situation of 1990ies !", Denounced Today, widely applauded, Anders Knape, Experienced Long-Time MEP from Sweden, President of the PanEuropean Organisation's Chamber of Local Authorities, in Conclusion of a Long Debate and Votes, which practicaly found that "Democracy" was "Suspended" at Local level particularly "in South-East" Turkey, with a predominantly Kurdish Culture Population, (See Infra).

I.e., Significantly, he referred Back to an Era of the Past, Before Turkey's controversial and unpopular EU bid, during which, Ankara's regime was not only clearly considered by All the EU not only as Incompatible with any "Accession" Candidacy, but Even Inadequate for normal EU Funding, because of particularly Serious Problems of Mass Human Rights' Violations, grave Anti-Democratic Discrepancies, Contempt and Disregard of the Rule of Law, etc, as things stood for a Long Period of Time, Before the December 1999 Helsinki EU Summit.
He was Speaking also on Behalf of the Socialist Co-Rapporteur of the CoE, Leendert Verbeek, Head of the Dutch Delegation, and President of the powerful "Monitoring" Committee in CoE's Congress of Local and Regional Authorities (CLRAE).

Knape and Verbeek had made Together a Fact-Finding Mission in Turkey on October and December 2016, before Presenting for Vote the Results in a Report with a Resolution and concrete Recommendations for Action Today, after a Largely Attended, Long Debate at CLRAE's Spring 2017 Plenary Session in Strasbourg, this Thursday, Exceptionaly Full with a lot of People until this Late Afternoon/Evening Hour, (despite a Shuttle Bus vainly waiting to bring them to the Annual Reception given by the City's Mayor/Senator for the CoE, downtown)...

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- It's "Long Before the Attempted Coup of July 2016", that "a Wave of Dismissals of Elected Representatives, in particular in South-Eastern Turkey (mainly inhabited by Kurds), had "Started" a "Trend" which had Already been a cause of Concern" for CoE's Rapporteurs. That's why, CLRAE's Bureau's "Decision to conduct a Fact-Finding Mission" on those Incidents had been "Taken on 8 February 2016", the adopted Report reminds.
- "However", the subsequent "Declaration of the State of Emergency", on July 2016, made that "Still More Relevant", they observe, while, nevertheless, having clearly Distinguished between the Mass Oppression of Dissidents even at the Local/Regional level, which had already Started Long Before, and the State of Emergency Measures, which obviously Aggravated that situation. So that, f.ex., an eventual Future LIft of the State of Emergency, (f.ex. after the April 2017 Referendum to Change the Constitution, i.e. if Mr. Erdogan gets what he wanted), would Not be sufficient at all in order to settle All those Serious Problems.
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+ But, in Addition, "Today ... there have been Many Accounts of Individuals being Arrested and Detained withOut there being Sufficient Charges against them". And "Given their Suddenness alone, the Mass "Purges" of National and Local Administrative Bodies, and even Judicial Bodies (some 3.000 Judges and Prosecutors) could Not have been carried out in accordance with the Fundamental Principles", (such as, f.ex., the "Presumption of Innocence", the "Individual" character of any prosecution, etc.), CoE's Report Concludes.
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=> Therefore, CLRAE's Spring 2017 Plenary Session largely Debated and Adopted, with a very Big Majority of Votes, a Strong Resolution and Recommendation on several 2015-2017 Massive Attacks against Local Democracy by Ankara's Central Government, slaming the Dire "Situation of Local Elected Representatives in Turkey", during which a 3/4 Majority of Voters Rejected All Amendmends lodged by Turkish MEPs Vainly Attempting to "Delete" or Alter the most "Hot" Points of the Draft Texts, after a Long and Complex Procedure, calmly and clearly Chaired by CLRAE's New President Gudrun Mosler-Toenstroem from Austria, hershelf :

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For the RELEASE of Jailed Mayors :
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>>> In the Most Important Point, an adopted CLRAE's Official Recommendation "Asks the Committee of Ministers" (CoE's Highest Political body, currently Chaired by Cyprus), "to Invite the Turkish Authorities to ... Proceed with ... the Immediate Release" of "Local Elected Representatives currently in Pre-Trial Detention", "where appropriate", and, at any case, "to Examine" the "Situation" of All of them, "in order to Ensure that it is in Conformity with the European Convention of Human Rights", "with a View to their Release".
A Turkish Attempt to "Delete" that Appeal, was Strongly Rejected by a Majority of 117 Votes against Only 20.
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On TORTURE/INHUMAN-DEGRADING TREATMENTS + :
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=> Moreover, CLRAE's Plenary Strongly Supported, with a very strong Majority of 118 Votes against Only 21, an Official Demand for CoE's competent "European Committee for the Prevention of Torture and Inhuman Treatment or punishment (CPT) to Examine Reports of Inhumane Treatment of Detained Local Elected Representatives in Turkey".
CoE's body pointed, in this regard, "Notably" to the Victims' "Solitary Confinement", in Addition to their "Systematic Transfert to Prisons Far from their Homes", clearly Rejecting a Turkish Ammendment which Failed to "Erase" all those mentions on such a Core Human Rights Issue as Torture/Inhuman-Degrading Treatments.
+ In Addition, CLRAE also "proposes that the (CoE's) Human Rights Commissioner ... pays Particular Attention to the Situation of Elected Mayors, notably in South-East Turkey", (notoriously with a predominant Kurdish Population), "including those Former Mayors who are Now in Prison". And, in Parallel, CLRAE's Plenary "suggests that (CoE's Democracy through Law body of Top Legal Experts, known as) the Venice Commission" checks "the Constitutionality of the Measures ... which Concern the exercice of Local Democracy in Turkey", that Ankara's Central Government took with some infamous "Decree Laws", seriously Restricting not only Liberties but also Democracy. Turkish Attempts to "Delete" such Moves were Rejected with a Majority of 111 Votres against Only 24.
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On Pseudo- "TERRORISM" Turkish Pretexts against Political Dissidents :
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>>> Meanwhile, a particularly "Hot" InFight took place on Turkey's notoriously Excessive, and often False Claims of Pseudo-"Terrorism", with which Ankara's Authorities often Accuse Political Dissidents and/or Critics in order to Search a Hollow Pretext to Oppress even their most Elementary Human Rights :
- Indeed, CLRAE's Plenary clearly "Observed that Most of the Arrests of Local Elected Representatives" in Turkey "have been made on the Basis of Accusations of Terrorism" by Ankara's Central Authorities using a "Definition... which has been Criticized by CoE's Bodies, the EU, and other International Organisations", and "is Not in Conformity with the Practice of Most CoE Member States".
Turkish Attempts to "Delete" that Critical, Last Sentence, were Strongly Rejected by a Majority of 118 Votes against only 24.
=> Moreover, in order to Make things Clear, also for the foreseeable Future, CLRAE also "Asks" CoE's Foreign Ministers to make Ankara "Revise the Turkish Legislation" in order "to Align its Definition of Terrorism with European Standards", and, "notably the ECHR's case-law".
This is a Serious Point that has been also Made by the EU Commission in Brussels, supported by an EU Parliament's Resolution in Strasbourg on 2016, even on the occasion of a Series of Conditions for Ankara's controversial and unpopular Demand to Give to 80 Millions of Turks a "Free Visa" Status in order to Enter and Stay in Europe for at least 6 Months each Year, but the Turkish Government has Refused to abide.

- Today, the Head of the Turkish Delegation to the CLRAE, Gaye Doganoglou, appeared instructed to go as Far as to repeatedly Claim even that Strasbourg's PanEuropean Organisation for Human Rights, Democracy and Rule of Law, the CoE, would "Not have Any Mandate to Define the term "Terrorism" !" (sic)...
However, also that provocative Turkish Claim was Strongly Rejected by CLRAE's Plenary, which Droped a controversial Amendment asking to "Delete" the above-mentioned sentence in CoE's Draft, with a 4/5 Super-Majority of 118 Votes against Only 22.
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+ CLRAE's Plenary also strongly Refused, with almost a 3/4 Majority, a Turkish Amendment which had Claimed to practicaly Assimilate the Kurdish "PKK" with "ISIS" Islamist Terrorists and atrocious BeHeaders, who Target innocent Civilian People, (and with whom, Ankara's Deep State has notoriously been Accused by many for various Scandalous and Dangerous Complicities, including on transferts of "Jihadists", Money Laundering, Trafficking of Stolen Oil/Gas, Weapons deliveries, etc).
- The Criticism exerted on Turkey by the 47 Member States strong (including Russia, etc) CoE's Local/Regional Democracy Watchdog against Ankara's Oppressive Measures was so Deep, that a 2/3 Majority Refused even an Amendment suggested by CLRAE's co-Rapporteurs to speak, in this regard, about "Threats against the Life of the Nation", that CLRAE's Plenary obviously did Not found to be an Excuse, but rather a Pretext for so Serious Violations of Human Rights, (as several Key MEPs later Confirmed to "Eurofora").
>>> In Fact, CLRAE's Adopted Resolution stressed, on the Contrary, that "the Detentions and Arrests of Local Elected Representatives, and the Extensive resort to Lengthy Remand Detention, ... are Counter-Productive, and are Weakening the capacity of Turkey to Deal with the Terrorist threats that it is facing". A Turkish MEPs' attempt to "Delete" that Paragraph, was Rejected by a Majority of 109 Votes against Only 32.
Naturaly, COE "is Aware of the Threats that Turkey is Facing, including an Increase in Terror Attacks, the Attempted Coup of 15 July 2016, several Millioj Refugees ... and War at its Borders", while it also "categorically Condemns all Forms of Terrorism and Violent Extremism", admitting that "Nobody can Deny that Turkey Needs to Take ... Measures to Protect itself and its Institutions", But on the Condition that these will be "Adequate and Proportionate".
>>> In particular, it's "the use of the Turkish Anti-Terror Law, ... principaly with regard to Declarations and Opinions Expressed", which "is having a Negative Impact on Political Pluralism, and" on "Local Democracy in Turkey", CLRAE observed.
- Moreover, "the Healthy Functioning of Local Democracy is an Essential Tool to Combating these Threats", CLRAE's Recommendation pointed out. That's why, CLRAE "Believes that the Detentions and Arrests of Local Representatives, and the Extensive resort to Lenthy Remand Detention, ... are CounterProductive and are Weakening the capacity of Turkey to Deal with the Terrorist Threats that it is facing".
=> Therefore, in Addition, CLRAE "is Concerned that the Arrest and Removal from Office of Many Elected Representatives, Seriously Risk Damaging Pluralist Democracy at the Local level, and Gravely Weakening Political Parties and Civil Society".
+ And a "Decree ... introduced ...withing the Framework of the State of Emergency", "to enable the Central Authorities to Appoint UnElected Mayors, ... is Incompatible with Turkey's Commitments" vis a vis the CoE, "notably" as a "Party to the Charter (for Local Democracy), ... according to which, Local Government should be carried out under the authority of Councils or Assemblies Elected Freely, by Secret Ballot", CLRAE's Text notes.
- Thus, "the Detentions of Elected Mayors, and their Replacement by "Mayors Appointed by the Central Authorities" in over 50 Cities, in South-East Turkey, has effectively Suspended ... Local Democracy in that Region, with Most Municipal Councils of those Cities Ceasing to Function, and with almost 6 Million Turkish Citizens Deprived of Political Representation at the Local level", CoE's competent body found.
Because "the Transfert of Power ... of these Municipal Councils, to "Mayors Appointed by the Central Authorities", Amounts to a DisProportionate form of Administrative Supervision", which has practicaly "Abrogated" the relevant Articles of COE's "Charter" for Local Democracy.
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+ PUBLIC SERVICES + CLRAE Members
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+ CLRAE also Denounced the Fact that "the Replacementr of Elected Mayors, by "Mayors Appointed by the Central Authorities" (i.e. Ankara's Turkish Government) is being accompagnied by a Reduction in Local Public Services, and, in particular, the Closure of Women's Refuges and Other Services for Women, Children and Families at Risk", expressing its "Concern". A Turkish Amendment asking to "Delete" all that, was Strontgly Rejected by a Majority of 113 Votes against Only 24.
- Last, but not least, Concerning the sort of Individual Members of the CLRAE from Turkey, the Adopted Resolution Decided to "put the Review of the Situation of Nurhayat Altun, Member of the Turkish Delegation of the Congress, on the Agenda of its Bureau Meetings, until the End of Legal Proceedings", (concerning that Jailed Representative to the CoE), while CLRAE's Recommendation to CoE's Foreign Ministers asks Turkey "to Ensure that Congress' Members and Turkish Members of the Group of Independent Experts of the CLRAE, are Free to carry out their Work, and can Circulate Freely, for this purpose".

Once Completed, this CoE Local/Regional Democracy Watchdog's Recommendation to its Committee of Ministers on Turkey was Finaly Adopted with an even Bigger Majority : 125 Votes in favor, against Only 23.
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People in Europe and the World expect from CoE to make a succes of its "Monitoring" for Human Rights and Democracy, despite difficulties, said Finland's President Tarja Halonen to "EuroFora" at a crucial moment for the mecanism built 15 years ago by the paneuropean organization which celebrates its 60th Anniversary in 2009.
Halonen, known as "Mother" of CoE's "Monitoring" mecanism, a long-time MEP and former Foreign Minister before becoming Finland's President, holds a long experience in the mattter, after also serving twice as CoE and EU Chairwoman in the past. That's why she is well placed to judge how CoE's "monitoring" should deal today with some crucial issues of importance both to CoE and to the EU.
The move came just a Month before a crucial, last visit to Turkey, scheduled for June, by the President of CoE''s "Monitoring" Committee, Ukranian MEP Serge Holovaty, to finalize his Report on Ankara, the CoE Member State with the longest Monitoring procedure. From its results depends its overall credibility.
This is a Test-case, because, in fact, it's in order to avoid Sanctions threatened against Turkey by a CoE's Assembly's April 1995 Resolution for grave Human Rights violations, Democracy gaps, the continuing Military Occupation in Cyprus, the unresolved Kurdish problem, Aegean differend with Greece, etc., that MEPs decided to create, for the 1st time on April 1996, a "Monitoring" proces, allegedly destinated to check, without excluding Countries who did not fulfill all CoE's standards.
In the Past, the obliged withdrawal of Greece's Military regime and of its "Civil" cover-up out of the CoE had helped bring back Democracy in 1974. But, on the contrary, since April 1996, the idea was to "monitor" Human Rights' respect while keeping most concerned Countries inside the CoE. After Turkey's oldest example, this was extended also to several former "Eastern" European Countries, even if CoE's Assembly has imposed to some of them (fex. Ukraine, Russia, etc., after Belarus, Serbia, etc) various "Sanctions", that Ankara always avoided. Curiously more succesful even than .. USA itself, (a CoE "Observer" since 1995), which has been at least threatened with sanctions some years ago..
EU-effects of CoE's Monitoring process became obvious between 2001-2008, since the "closure" of this procedure, when CoE felt that a Country had met most of its Human Rights, Democracy and Rule of Law obligations, (i.e. the "Copenhagen Criteria" for the EU), helped trigger Negotiations with the EU for "Accession" or other closer relations : This occured already before the 2004 and 2007 EU Enlargements to former "Eastern" European Countries, as well as for the commencement of "accession" negotiations with Croatia, and of "open-ended" negotiations with Turkey in 2005.
But a stricking new development are Holovaty's recent findings that on core Human Rights issues as Torture and Freedom of Expression, Turkey, even "5 Years after" CoE closed its "Monitoring", back in 2004, inciting EU to start accession Negotiations in 2005, still presents grave problems.
His findings are of crucial importance after a 2008 CoE Resolution called, "if need be", to "seriously consider the possibility of Re-Opening the Monitoring procedure for Turkey" : A move which might affect Ankara's controversial EU bid, since EU Accession Negotiations are based on the Hypothesis that the Candidate fullfils the "Copenhagen Criteria" (See above)..
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Holovaty expressed his will to check "Matters still Outstanding" and those that he "didn't have an opportunity to discuss" at an earlier visit this year, "in order to discuss the more complex issues in greater depth", at his forthcoming New Visit to Ankara, before the December 2009 EU Summit. This is all based on the 2004 CoE Resolution which stresses that, CoE "will continue.. post-monitoring Dialogue with the Turkish authorities,...in addition to a 12-points list,..and on any Other Matter that might arise in connection with Turkey’s Obligations as a CoE member state".
CoE's Resolution also asks from Turkey "to secure the proper Implementation of Judgements, particularly in the Cyprus v. Turkey InterState case", of 2001, which concerns also the plight of many Hundreds of MISSING People. It adds Turkey's obligations to "execute" ECHR's Judgements in the Loizidou case,..and in particular adopt General Measures to avoid repetition or continuation of Violations found by the Court" to the detriment of Refugees.
Nevertheless, Holovaty said to "EuroFora" that "MISSING" persons,"might be included" and cannot be excluded, but he has yet to examine the situation "to find out which issues will be raised" to the Turkish Government.
Therefore, "EuroFora" asked Halonen, as the Historic "Mother" of CoE's Monitoring mecanism, if she thought that, "whenever there are grave Human Rights Violations, as fex. "MISSING" persons, attested even by ECHR's judgements, they should be always checked by a Monitoring process. Or could they be forgotten ?"
- "We (CoE) must be, at the same time, Fair, Realistic, but not in the mind that "now we have Forgotten", etc., replied to "EuroFora"'s question Halonen, speaking as a matter of general principle.
- "When we think of those People that are suffering from the lack of Democracy, of Human Rights, and of the Rule of Law", "we should find a base on how to deal with the (Monitoring) system more rapidly"', she stressed.
- "Sometimes it's very difficult to combine Transparency and Effectivenes together, particularly in this specific case", she went on to say. But, "I have not found a (CoE Member) Country who could be insensitive in this sens", Halonen answered concerning grave Human Rights violations attested by the ECHR.
- "I have no ready-made answer. I have the expectations that you, in the CoE, will, step by step, find the different types of the monitoring systems."
Also "because this is a part of the UN's Post-Conflict system, (fex. when it comes to Cyprus' MISSING persons), and it's a more Global system". So that, "If we make a succes in Europe, the others will follow", throughout the World. "But they expect that we (Europe) are this opportunity, this Opportunity to make a Succes", Halonen concluded.
In addition, she advised to extend CoE's Monitoring to all its 47 Member States, "because, as long as we hear that, all these monitoring systems are "OK for the neighbor, but not for me", "it's very difficult" to understand. Something which could make easier to Compare...
Finnish MEP Jaako Laakso, former CoE Rapporteur on the Occupied Territories of Cyprus and one of the 5 Signatories of the Historic CoE's call to create the "MONITORING" mecanism since 1996, was more specific : - "We (CoE Assembly) have to find a way for the issue of Cyprus' MISSING People to be better followed", he stressed, anouncing his intention to "speak to Mr. Holovaty" about that. "There might be also other ways", added Laakso.
- The 2008 "Year had been a very Bad one for Turkey with regard to Human Rights in general, and Freedom of Expression in particular", denounced, meanwhile, Holovaty's preliminary Post-Monitoringh Draft Report by Holovaty, published by the CoE on April 2009.
"Amnesty International believes that freedom of expression is not guaranteed given the various articles of the Criminal Code that restrict it. .. "For example, 1,300 Websites are said to have been closed down by the (Turkish) authorities in 2008" ! While "the new Turkish Criminal Code was used to bring a total of 1,072 proceedings between June 2005 and April 2008, and led to the conviction of 192 people", for expressing views. "Representatives of the Özgür Gündem newspaper, which specialises in Kurdish affairs, ..complained about Numerous Attacks on their Freedom of Expression ...as was everyone who advocated a settlement to the question by means other than the intervention of the army" "According to their figures, 19 Newspapers had been suspended 43 times between 4 August 2006 and 4 November 2008" !...
Moreover, on 2008, CoE's "Ministers adopted its 4rth Resolution on the execution of the judgments of the ECHR, ...and outstanding issues regarding 175 Judgements and decisions relating to Turkey delivered between 1996 and 2008... concerning Deaths resulting from the excessive use of force by members of the Security forces, the failure to protect the right to life, the DIisappearance and/or death of individuals, Ill-Treatment and the Destruction of property". CoE's " Ministers urged the Turkish authorities ...to ensure that members of Security forces of all ranks can be prosecuted without administrative
authorisation" for "serious crimes". Holovaty reminded.
"Nonetheless", Holovaty heard anew of "Several cases of Violence committed last year (2008) by the (Turkish) security forces". Amnesty International speaks of Many Cases of ill-treatment and Torture in the prisons and by the police". "Including, fex."'the death of Engin Ceber, a young man of 29 who died on October 2008 as a result of the TORTURE allegedly inflicted on him by police officers, prison staff and members of the gendarmerie. He was part of a group of people arrested on September 2008 during a demonstration and Press Conference in Istanbul'. Proceedings against suspects are "on-going" in this case.
- " I therefore noted an Obvious Contradiction between the Government’s stated “zero tolerance” policy.... of Torture and other forms of ill-treatment, and the different testimonies given", denounced CoE's Rapporteur. Turkish "authorities must make considerable efforts to guarantee that proper investigations are carried out into allegations of abuses by members of the security forces and that perpetrators are effectively punished" "In this respect, I have requested detailed Statistics on the number of Investigations, acquittals and convictions in cases involving allegations of abuse in order to show the positive impact of the measures taken to date", Holovaty said, repeating a permanently unsatisfied CoE's demand to Turkey since a Decade...
- "The Political Crisis that shook the country in the spring of 2008 highlighted the Weaknesses of the (Turkish) Constitution", which comes from the Military regime of 1982, "and the Urgent Need of Reforms", stressed from the outset CoE's Rapporteur in 2009. In particular, "the ...Democratic functioning of state institutions, including the independence of the judicial system, are crucial", he observes.
But, "the Electoral system and the ways in which it is circumvented do not appear to give those elected complete Legitimacy, and tend to pervert the course of direct universal suffrage", denounces Holovaty, observing that, even 5 Years later, Turkey did not yet change the 10% nationwide Threshold for a party to take any seat, which is "far higher" than the "3%" maximum in Europe and already condemned as contrary to European Standards by the CoE.
+ Moreover, EU Parliament's 2009 Report on Turkey, drafted by Dutch MEP Ria Oomen-Ruijten and adopted in Strasbourg on March, expresses "Concern over the Failure of the (Turkish) Judiciary to prosecute cases of Torture and Ill-treatment, the Number of which is Growing". EU also "is concerned about continuing Hostility and Violence against Minorities" in Turkey. It also "calls on the Turkish Government to launch, as a matter of Priority, a Political Initiatve favouring a lasting Settlement of the Kurdish issue, (while "condemning violence.. and terrorist groups"). EU "regrets that No progress has been made on establishing full, systematic Civilian suprevisory functions over the (Turkish) Military".
The final results of Holovaty's 2nd and last visit to Turkley will be known later this year, and, at any case, before EU's December 2009 Summit.

















