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HAMMARBERG OF COE ASKS FOR LIMITED MILITARY JUDICIARY
Today's Zaman
06 July 2009, Monday
Photo - Thomas Hammarberg says the military judiciary should be very
limited. "You should not be kept away from the civilian judiciary
just because you have a uniform," he said.
"I get the feeling that Turkey is at the stage of maintaining its
national values but within the concept of being a Turk, different
interpretations are allowed," says Thomas Hammarberg, the Council of
Europe's commissioner for human rights who was in Turkey last week
and held many meetings with officials and different nongovernmental
organizations.
In an exclusive interview with Today's Zaman, he said the military
judiciary should be very limited. He also praised the encouraging
steps Turkey was taking on the road to improving its human rights
track record. He also pointed out the healthy discussion over
sub-identities in Turkey. "Observing this new stage is very interesting
for Europe," he said. "We place a lot of emphasis on what we call
self-definition. If someone feels that 'Yes, I am Turk but within
this concept I am Alevi' or whatever, a mature democracy respects
and develops that, and I see some signs of it, here in Turkey,"
he concluded after his meetings with officials who were aware of
the shortcomings regarding human rights issues and ready to discuss
the solutions. But Commissioner Hammarberg had some concerns about
"human rights thinking" in Turkey -- the risk of the carrot and stick
policy of the European Union. "There has been a push on EU negotiations
but there is a risk with this carrot and stick policy. Human rights
are not for pleasing the EU or Brussels. Sometimes I am not sure
if the EU people define it in the best way. Human rights are good
for people. People should own it. I really hope that EU discussions
do not pollute human rights discussions. Doing this just to be nice
to Europe? It should come from inside, because this is the right of
the people. Everyone should be able to feel that we belong here and
we don't have to appeal outside to protect ourselves. So I am little
bit worried about the way that human rights has been defined in these
discussions." The Swedish human rights commissioner thinks that in
comparison to his previous visits, Turkey's economic development
is visible despite the economic crisis, but when it comes to issues
which are of interest to him, "there was a slowdown in the process,
and the improvements have not fully started yet." During Hammarberg's
visit to Turkey, which this time was mainly focused on refugee and
minority rights, he met with President Abdullah Gul, State Minister
and chief EU negotiator Egemen Baðýþ, the minister of justice, Foreign
Affairs Ministry Undersecretary Ertuðrul Apakan and Undersecretary
of the Minister of Internal Affairs Osman Guneþ. "They all listened
very carefully and promised to come back with packages. At least in
the way that they talk, there is an interest to restart to reform the
process," he said and added that during his meetings he had underlined
the importance of the need for a comprehensive approach against all
kinds of discriminations. Hammarberg was in Ýstanbul, Ýzmir and Ankara
to meet with human rights organizations, representatives of the Roma
population, Greek Orthodox Patriarch Bartholomew, Chief Rabbi Ýsak
Haleva and representatives of the Turkish Armenian community. He
also visited the Roma neighborhood of Sulukule and some facilities
for refugees. Refugee centers have problems As for his visits to the
facilities for refugees, Hammarberg underlined that the situation of
the people who are staying there is very difficult.
"There are number of problems. Refugees there are so nervous; they
are badly informed about their rights, which is unfair. They are
in a desperate situation. They have a right to know what they can
do. All those coming people must have the chance if they wish to
ask for asylum. The United Nations High Commissioner for Refugees
(UNHCR) and the government has little dialogue and definitely there
is a need to review the process," he said. When he was asked about
the recently increasing dispute between Turkey and Greece regarding
refugees who are using the Aegean route, he answered that it was not
productive, while the refugees are suffering: "The refugees are coming
here to go further. This is not only a Turkish problem but a European
problem. There is a need for a European approach. My recommendation to
Brussels will be that Turkey must be included in all the discussions
on the migration problem. There should be a common policy and the
responsibility should be shared. The burden of Turkey should be
compensated and the issue should be seen as a common problem. There
should be better cooperation between the government and the UNHCR. I
also think that all politicians should talk with the asylum seekers
to understand them and not look on them as unwanted people." Halki
school may open Hammarberg said that during his meetings both with
Patriarch Bartholomew and Turkish officials he got the impression
that the solution to the Halki (Heybeliada) Greek Orthodox Seminary
problem is close, although he does not have an exact picture of what
kind of a solution it will be: "The politicians decided that they will
try to find a solution without opening up Pandora's box. Ýstanbul is
going to be the capital of culture and this is a very good way to
demonstrate that it is a colorful city and that minorities feel at
home." Ankara is under EU pressure to reopen the Halki Seminary.
The human rights commissioner also met with the representatives of
the gay, lesbian and transgender community in Turkey and gave some
documents to Turkish officials about the protection of their rights.
"There are hate crimes against those very vulnerable people. Human
rights apply to everyone," he said. Regarding the Roma population he
underlined that he can understand the need for city planning but it
should be done in accordance with human rights thinking; the rights
of the Roma population has to be protected. Torture is reduced When
the commissioner was asked about Turkey's "zero tolerance to torture"
policy he said that he liked the term and it was important to establish
the principle. He added that he had received reports from NGOs pointing
out that the torture in police stations had reduced in comparison to
previous years but police brutality is still a problem and happening
quite a lot, especially in the demonstrations.
Hammarberg underlined that the way to prevent it was to establish
an independent investigation mechanism. Turkish officials told the
commissioner that they are also searching for a way to establish such
a mechanism and that they are in touch with their British counterparts.
The human rights commissioner, when asked, said that during his
meetings the Ergenekon investigation had not come to the agenda much.
The Ergenekon investigation, which has been going on since 2007,
relates to a clandestine network accused of a plot to topple the
government by creating chaos and high-profile assassinations. During
the investigation, the level of Turkish democracy and the tutelage of
the military over civilian authority were brought into the spotlight.
"I can see the relevance but the presentations about the case were
absolutely contradictory," he said but added they have some ideas
about some aspects of it, for example, the military judiciary:
"Military jurisdiction in a country should be limited only to action
undertaken in war situations and tense security situations by armed
personnel," he said.
From: Emil Lazarian | Ararat NewsPress
Today's Zaman
06 July 2009, Monday
Photo - Thomas Hammarberg says the military judiciary should be very
limited. "You should not be kept away from the civilian judiciary
just because you have a uniform," he said.
"I get the feeling that Turkey is at the stage of maintaining its
national values but within the concept of being a Turk, different
interpretations are allowed," says Thomas Hammarberg, the Council of
Europe's commissioner for human rights who was in Turkey last week
and held many meetings with officials and different nongovernmental
organizations.
In an exclusive interview with Today's Zaman, he said the military
judiciary should be very limited. He also praised the encouraging
steps Turkey was taking on the road to improving its human rights
track record. He also pointed out the healthy discussion over
sub-identities in Turkey. "Observing this new stage is very interesting
for Europe," he said. "We place a lot of emphasis on what we call
self-definition. If someone feels that 'Yes, I am Turk but within
this concept I am Alevi' or whatever, a mature democracy respects
and develops that, and I see some signs of it, here in Turkey,"
he concluded after his meetings with officials who were aware of
the shortcomings regarding human rights issues and ready to discuss
the solutions. But Commissioner Hammarberg had some concerns about
"human rights thinking" in Turkey -- the risk of the carrot and stick
policy of the European Union. "There has been a push on EU negotiations
but there is a risk with this carrot and stick policy. Human rights
are not for pleasing the EU or Brussels. Sometimes I am not sure
if the EU people define it in the best way. Human rights are good
for people. People should own it. I really hope that EU discussions
do not pollute human rights discussions. Doing this just to be nice
to Europe? It should come from inside, because this is the right of
the people. Everyone should be able to feel that we belong here and
we don't have to appeal outside to protect ourselves. So I am little
bit worried about the way that human rights has been defined in these
discussions." The Swedish human rights commissioner thinks that in
comparison to his previous visits, Turkey's economic development
is visible despite the economic crisis, but when it comes to issues
which are of interest to him, "there was a slowdown in the process,
and the improvements have not fully started yet." During Hammarberg's
visit to Turkey, which this time was mainly focused on refugee and
minority rights, he met with President Abdullah Gul, State Minister
and chief EU negotiator Egemen Baðýþ, the minister of justice, Foreign
Affairs Ministry Undersecretary Ertuðrul Apakan and Undersecretary
of the Minister of Internal Affairs Osman Guneþ. "They all listened
very carefully and promised to come back with packages. At least in
the way that they talk, there is an interest to restart to reform the
process," he said and added that during his meetings he had underlined
the importance of the need for a comprehensive approach against all
kinds of discriminations. Hammarberg was in Ýstanbul, Ýzmir and Ankara
to meet with human rights organizations, representatives of the Roma
population, Greek Orthodox Patriarch Bartholomew, Chief Rabbi Ýsak
Haleva and representatives of the Turkish Armenian community. He
also visited the Roma neighborhood of Sulukule and some facilities
for refugees. Refugee centers have problems As for his visits to the
facilities for refugees, Hammarberg underlined that the situation of
the people who are staying there is very difficult.
"There are number of problems. Refugees there are so nervous; they
are badly informed about their rights, which is unfair. They are
in a desperate situation. They have a right to know what they can
do. All those coming people must have the chance if they wish to
ask for asylum. The United Nations High Commissioner for Refugees
(UNHCR) and the government has little dialogue and definitely there
is a need to review the process," he said. When he was asked about
the recently increasing dispute between Turkey and Greece regarding
refugees who are using the Aegean route, he answered that it was not
productive, while the refugees are suffering: "The refugees are coming
here to go further. This is not only a Turkish problem but a European
problem. There is a need for a European approach. My recommendation to
Brussels will be that Turkey must be included in all the discussions
on the migration problem. There should be a common policy and the
responsibility should be shared. The burden of Turkey should be
compensated and the issue should be seen as a common problem. There
should be better cooperation between the government and the UNHCR. I
also think that all politicians should talk with the asylum seekers
to understand them and not look on them as unwanted people." Halki
school may open Hammarberg said that during his meetings both with
Patriarch Bartholomew and Turkish officials he got the impression
that the solution to the Halki (Heybeliada) Greek Orthodox Seminary
problem is close, although he does not have an exact picture of what
kind of a solution it will be: "The politicians decided that they will
try to find a solution without opening up Pandora's box. Ýstanbul is
going to be the capital of culture and this is a very good way to
demonstrate that it is a colorful city and that minorities feel at
home." Ankara is under EU pressure to reopen the Halki Seminary.
The human rights commissioner also met with the representatives of
the gay, lesbian and transgender community in Turkey and gave some
documents to Turkish officials about the protection of their rights.
"There are hate crimes against those very vulnerable people. Human
rights apply to everyone," he said. Regarding the Roma population he
underlined that he can understand the need for city planning but it
should be done in accordance with human rights thinking; the rights
of the Roma population has to be protected. Torture is reduced When
the commissioner was asked about Turkey's "zero tolerance to torture"
policy he said that he liked the term and it was important to establish
the principle. He added that he had received reports from NGOs pointing
out that the torture in police stations had reduced in comparison to
previous years but police brutality is still a problem and happening
quite a lot, especially in the demonstrations.
Hammarberg underlined that the way to prevent it was to establish
an independent investigation mechanism. Turkish officials told the
commissioner that they are also searching for a way to establish such
a mechanism and that they are in touch with their British counterparts.
The human rights commissioner, when asked, said that during his
meetings the Ergenekon investigation had not come to the agenda much.
The Ergenekon investigation, which has been going on since 2007,
relates to a clandestine network accused of a plot to topple the
government by creating chaos and high-profile assassinations. During
the investigation, the level of Turkish democracy and the tutelage of
the military over civilian authority were brought into the spotlight.
"I can see the relevance but the presentations about the case were
absolutely contradictory," he said but added they have some ideas
about some aspects of it, for example, the military judiciary:
"Military jurisdiction in a country should be limited only to action
undertaken in war situations and tense security situations by armed
personnel," he said.
From: Emil Lazarian | Ararat NewsPress