The International Federation for Human Rights (FIDH), that observed the 15 August hearing and has closely monitored the previous ones before the Ankara State Security Courts (SCC) remains gravely concerned after this latest hearing by the continuing disregards of the principle of independence and impartiality of the court. The trial of the four Kurdish deputies still falls short in providing sufficient guarantees with regards to the right to a fair trial. Repeated delays in this trial further give rise to doubts about the effectiveness of the guarantees that the SSC can offer so far.
On Friday August 15, 2003, the defence dropped its demand for the release of the jailed four former deputies of the pro-Kurdish DEP. Defence lawyer Yusuf Alatas had requested the release of the defendants, pending verdicts, in all five previous hearings. The judges ruled in favour of the prosecutor who had objected to the release of the defendants. In this sixth hearing last Friday, the leading defence lawyer said that there was no point arguing for their release. "We can not be effective in this court anyway... We don’t want to be part of the trial that is just a formality. We don’t think it is right to make any request since they will be rejected anyway", Alatas said.
The FIDH is particularly concerned with the persistence of the States Security Courts system and recalls that the European Court of Human Rights (ECRTHR) has pointed out several times that these courts fall short of presenting all the guarantees of a fair and impartial trial. At present, there are eight State Security Courts (DGM) in Turkey including Ankara, Istanbul, Izmir, Diyarbakir, Malatya, Erzurum, Van, and Adana .
Judicial system reform process, and in particular the abolition of the State Security Court, should urgently become a priority for the Turkish government in its bid to join the European Union.
While welcoming the significant and positive developments in Turkish legislation through the adoption of the 7th harmonization package by the Parliament on July 30, FIDH stresses the need for:
– Turkish authorities to ensure a fair, impartial and independent trial and release the four jailed Kurdish deputies immediately;
– Turkish authorities to effectively implement the recently adopted reforms;
– The European Commission to closely monitor the trial against the former DEP deputies, on the occasion of the September 15’s hearing to be held before the Ankara State Security Court n°1, in light of the "right to a fair trial before an independent and impartial tribunal" and in view of the adoption of its annual report progress.