The European Union, subjected to criticism for its unusual reserve on the rights of defendents  in the case of the ongoing Ergenekon investigation as well as the so-called "Lighthouse" corruption investigation that have both rattled the Turkish political agenda for months, will break its silence in its annual progress report on Turkey to be published next week.

  Complaints regarding the insufficient safeguard of the rights of the scores accused in the Ergenekon case, some kept in detention for months without formal charges or indictment, are covered in the draft report, which offers a snapshot analysis of EU-Turkey relations over the past year.

  The fraud case against the Lighthouse e.V. charity association in Germany, and its possible connections to Turkey's Prime Ministry as alleged by German investigators, are also emphasized under the title "Anti-corruption Policy" in the report, wherein the government was criticized for failing to prepare a comprehensive strategy. "Corruption remains a widespread issue," the 85-page draft report states. The politicization of senior level appointments in public administration is also criticized.

  In another document obtained yesterday by the Turkish Daily News entitled "Enlargement strategy and main challenges 2008," which provides an overall assessment of the enlargement policy of the EU as well as expectations from eight candidates and potential candidate countries including Turkey, Brussels expressed relief over the Constitutional Court's decision not to dissolve the ruling Justice and Development Party, or AKP.

  "This averted a major political crisis," said the companion document to the pending progress report, seen by TDN. The EU refrained from harsh criticism of the case and the Constitutional Court, instead urging Turkey to amend legal provisions on the closure of political parties in line with European standards.

  The lack of dialogue and a spirit of compromise between the main political parties, and the resultant negative impact on the functioning of political institutions and the process of political reforms, were expressed as sources of concern for future EU reforms in the country. Meanwhile the disappointment over the lack of a draft or timetable for a new constitution was implied, stating that, "Instead Parliament amended Article 10 and 42 of the Constitution with the aim of lifting the headscarf ban for university students."

Excerpts from the draft progress report on Ergenekon and Lighthouse cases:

  Lighthouse: There has been limited progress in the area of anti-corruption. Corruption remains widespread. The continuing absence of an overall strategy, action plan or coordination mechanism is a cause for concern. Turkey needs to develop a track of investigations, prosecutions and indictments. There is no legislation in place setting out the rules on the transparency of election campaign financing. There has been no progress in limiting the immunity of the members of the Parliament. Corruption incidents, involving specifically real estate agencies, local government and universities, were frequently reported by the media. In the context of a fraud case against the Deniz Feneri charity association in Germany, the Regional Court of Frankfurt convicted three managers of the charity for misusing funds collected as donations. The Court also said part of the funds have been channeled to entities based in Turkey. In this context, an Ankara prosecutor asked the Ministry of Justice to request the documents from the German court.

  Ergenekon: An investigation started in 2007 into an alleged criminal network, known as Ergenekon, led to the arrest of a number of people, including retired Army generals. The indictment against Ergenekon is based on charges such as forming a terrorist organization and attempting to overthrow the government and to undermine its operation by use of violent means. During the course of the investigation, there were complaints from various legal, media and political sources regarding the insufficient safeguarding of the rights of defense and the excessive duration of detention periods without indictment.

  Excerpts from the document titled

  "Enlargement strategy and main challenges 2008," which is published on the same day with the progress report every year and covers an overall assessment of the enlargement policy of the EU as well as the situation in eight candidate and potential candidate countries including Turkey

  Closure case against the AKP: The Constitutional Court did not enact the chief prosecutor's request to dissolve the ruling party and ban 71 of its prominent members, but imposed financial sanctions, thus averting a major political crisis. Now that Turkey has averted a political crisis linked to the Constitutional Court case against the ruling party it needs to resume the process of political reform. The closure case highlighted the importance of amending the rules the political parties so as to ensure transparent financial mechanisms and to bring provisions on the closure of parties in line with European standards. Legislation is also necessary to reinforce the defense of citizens' rights irrespective of personal beliefs or political affiliations and to establish an ombudsman function. Greater dialogue is needed among the country's different political forces in order to build a consensus favorable to reform. Turkey now has a fresh opportunity to advance reforms and establish a climate of dialogue and pluralism.

  Problems with judiciary: Concerns remain about the independence and impartiality of the judiciary. There has been no progress on the composition of the High Council of Judges and Prosecutors or on establishment of regional court of appeals. Senior members of the judiciary have made political comments in public that go beyond their remit. There is need to improve the quality of investigations of the police and gendarmerie to ensure a fair trial.

  Freedom of religion: The adopted law on foundations addresses a number of outstanding property-related issues concerning non-Muslim communities. However a legal framework in line with the European Court of Human Rights, or ECHR, needs to be established so that all non-Muslim communities and Alevis can function without undue constraints.

  Minority rights: Turkey made no progress on alignment with European standards. Some limited progress was made on cultural rights but restrictions continue, in particular on the use of languages other than Turkish in broadcasting in political life and when accessing public services. There are no opportunities to learn these languages in the public or private schooling systems.

  Situation in the Southeast: The government's decision to complete the Southeast Anatolia project is a step in the direction of addressing the economic and social difficulties of the region. Further efforts are needed to create the conditions for the predominantly Kurdish population to enjoy full rights and freedoms. Compensation of internally displaced persons has continued. However the government lacks an overall national strategy. The village guard system remains to be phased out. Terrorist attacks by the PKK, which is on the EU list of terrorist organizations, continued and claimed many lives.  

  Civilian oversight of security forces: Political control over the military was applied in practice in the context of military operations aimed at terrorist targets in northern Iraq. Such operations were authorized by the parliament and decided upon by the government. However full civilian supervisory functions and parliamentary oversight of defense expenditure needs to be ensured. Senior members of the armed forces have continued making statements on issues going beyond their remit.

  Torture and ill treatment: The Turkish legal framework includes a comprehensive set of safeguards against torture and ill treatment. However more efforts are needed on the implementation of the zero-tolerance policy. Reports on cases of ill treatment and torture, in particular outside places of detention, are a cause for concern.

  Freedom of expression and 301: There has been some progress in the efforts to strengthen the safeguards for freedom of expression in particular through the amendment of Article 301 of the Turkish Penal Code. However Turkey needs to establish an adequate track record on the implementation of the revised article.  

  Constitution: The governing party gave a group of academics a mandate to revise the 1982 Constitution. However no draft has been presented either to the public or Parliament, and no clear timetable has been set for discussing it. Instead the Parliament amended Article 10 and 42 of the Constitution with the aim of lifting the headscarf ban for university students.

  Lack of compromise in politics: As regards the democracy and rule of law, the new president played a positive role by calling for further political reforms. However the lack of dialogue and of a spirit of compromise between the main political parties had a negative impact on the functioning of the political institutions and on the process of political reforms. The work of the newly elected Parliament was affected to a considerable extent by legal cases aimed at dissolution the governing party and one of the opposition parties.

Click here to view source