>>> VERSION FRANÇAISE | |||
Inter-Parliamentary Union | |||
Chemin du Pommier 5, C.P. 330, CH-1218 Le Grand-Saconnex/Geneva, Switzerland |
at its 176th session (Manila, 8th April 2005) *
Referring to the case of Ms. Merve Safa Kavakçi of Turkey, as outlined in the report of the Committee on the Human Rights of Parliamentarians (CL/176/13(b)-R.1), and to the resolution adopted at its 175th session (October 2004),
Taking account of a letter from the President of the Turkish Inter-Parliamentary Group, dated 24 March 2005, and of a communication from the source dated 21 January 2005,
Recalling that Ms. Kavakçi was duly elected in the April 1999 elections on a Virtue Party ticket but was prevented from taking her oath owing to her wearing of a headscarf at the swearing-in ceremony, that she was subsequently deprived of her Turkish nationality, for which reason the parliamentary authorities no longer considered her to be a member of the Turkish Parliament and her name was struck off the parliamentary records, and that on 22 June 2001 the Constitutional Court dissolved the party to which she belonged and banned her from political activity for five years,
Considering that, on 28 May 2001, Ms. Kavakçi filed an application with the European Court of Human Rights (ECHR) in relation to the revocation of her Turkish nationality and consequent loss of parliamentary membership, affirming that this violated her rights under Article 9 (freedom of thought, conscience and religion) and article 6, paragraph 1 (right to a fair and public hearing) of the European Convention on Human Rights and article 3 of the First Protocol to the European Convention on Human Rights (guarantee of free elections which ensure the free expression of the opinion of the people in the choice of the legislature), and that the Court has instituted the procedure to determine the admissibility of the application, in the course of which the Turkish Government provided its observations on 2 November 2004 and Ms. Kavakçi presented her comments thereon on 25 November 2004,
Noting that, in his letter of 24 March 2005, the President of the Turkish Inter-Parliamentary Group referred to the proceedings before the ECHR, adding that any comment that might prejudice the independence of the judiciary should be avoided,
* The Turkish delegation took the floor to state that the reform undertaken in Turkey since October 2001 to bring the country's legislation into line with international human rights standards had resulted in the Parliamentary Assembly of the Council of Europe closing its monitoring procedure in respect of Turkey. It declared that Ms. Kavakçi's case was pending before the European Court of Human Rights and that therefore any comments compromising the independence of the Court should be avoided.
|