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Turkish Referendum

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Re: Turkish Referendum

Postby Tim Drayton » Thu Apr 27, 2017 11:48 am

President of the Socialists and Democrats in the European Parliament Gianni Pittella and Kati Piri, the European Parliament’s rapporteur on Turkey, on Monday condemned the “voting irregularities and unfair election environment“ during the referendum in Turkey the and call for the termination of Turkey`s EU accession talks, because “with such a constitution, Turkey cannot join the EU”.

Gianni Pittella in his statement spoke of “another harsh blow against democracy and rule of law has been dealt in Turkey” and “yet another decisive step away from Europe”.

Pittella said that “Erdoğan has closed his doors to the EU with this referendum” , pointing out that “the EU accession talks should be suspended once Turkey decides to implement the 18 constitutional amendments”.

“Many irregularities across the whole of Turkey have been alleged; irregularities that may cast a shadow on the final outcome. We, therefore, are looking forward to the official assessment by the Organization for Security and Co-operation in Europe (OSCE) / Office for Democratic Institutions and Human Rights (ODIHR) International Observation Mission”, Pittella said.

“We remain convinced that the majority of the Turkish citizens are still looking at democracy and rule of law as crucial benchmarks. Unfortunately, Erdoğan is increasingly turning Turkey into a personal authoritarian regime”, he added.

...


http://www.parikiaki.com/2017/04/sds-pi ... in-the-eu/
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Re: Turkish Referendum

Postby Tim Drayton » Thu Apr 27, 2017 11:56 am

Tim Drayton wrote:The CHP has just announced its intention to apply to the European Court of Human Rights over the 16 April referendum.


More details about the CHP's thinking behind its application to the European Court of Human Rights:

http://www.cumhuriyet.com.tr/haber/engl ... ights.html

They have decided to by-pass the Constitutional Court because the court's established case law is that it will not admit cases over Supreme Election Council decisions so that domestic legal remedies have been exhausted - a clever move, really, because the Constitutional Court has of late been frustrating access to the European Court by needlessly delaying applications before it, thus preventing the exhausting of domestic remedies.
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Re: Turkish Referendum

Postby Tim Drayton » Thu Apr 27, 2017 12:01 pm

A civil society organisation that monitored the referendum has issued a report bringing to light many of the improprieties that tainted the poll:

http://www.cumhuriyet.com.tr/haber/engl ... oted_.html

The killer report will be the Organization for Security and Co-operation in Europe's report, expected about two weeks following the poll. If it says the poll was rigged, Erdoğan's dictatorship based on this poll will have no legitimacy and the EU must stop dealing with him.
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Re: Turkish Referendum

Postby supporttheunderdog » Thu Apr 27, 2017 1:55 pm

Tim Drayton wrote:A civil society organisation that monitored the referendum has issued a report bringing to light many of the improprieties that tainted the poll:

http://www.cumhuriyet.com.tr/haber/engl ... oted_.html

The killer report will be the Organization for Security and Co-operation in Europe's report, expected about two weeks following the poll. If it says the poll was rigged, Erdoğan's dictatorship based on this poll will have no legitimacy and the EU must stop dealing with him.


The EU should stop dealing with him, they should have done years ago, but if they will is a different matter, the primary reason why he will not be cast aside being power politics, as the bases are still important to NATO which includes many EU members while European business is too fond of the cheap manufacturing facilities in Turkey.
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Re: Turkish Referendum

Postby Tim Drayton » Thu Apr 27, 2017 2:01 pm

supporttheunderdog wrote:...while European business is too fond of the cheap manufacturing facilities in Turkey.


That is the crux of the matter and it all works because of the customs union. I wonder if there any grounds for revoking the customs union?
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Re: Turkish Referendum

Postby supporttheunderdog » Thu Apr 27, 2017 2:19 pm

Tim Drayton wrote:
supporttheunderdog wrote:...while European business is too fond of the cheap manufacturing facilities in Turkey.


That is the crux of the matter and it all works because of the customs union. I wonder if there any grounds for revoking the customs union?


Their failure to allow Cypriot connected planes to use Turkish Airspace and Cypriot connected ships to trade to Turkish ports, which they should have done under the Customs Union.

I recall advocating previously that if any non EU state boycotted an EU state then ALL EU states should run reciprocal measures, but the Customs union benefits too many and money talks loud...
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Re: Turkish Referendum

Postby Tim Drayton » Thu Apr 27, 2017 3:23 pm

So true. I have long had a suspicion that creating a customs union with Turkey, a country that in all probability will never become a full member of the union, and then the way the West has turned a blind eye as Erdoğan has become ever more autocratic and then dictatorial is all part of a grand plan to create a paradise manufacturing base for Western and particularly European capital from which it can export goods tariff-free throughout the EU (and certain other European countries) and where there is a dictatorship that is sympathetic towards foreign, especially, Western capital, and cracks down hard on trade unions and keeps wages low. Everything seemed to be going to plan and Trump even called Erdoğan to congratulate him on his 'victory'. So, nobody could be more surpised than me at the reaction of the Western press since the referendum.
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Re: Turkish Referendum

Postby supporttheunderdog » Thu Apr 27, 2017 3:43 pm

,, and the Americans have a history of supporting repressive regimes when it has suited and suites them ...not that other countries are any better.
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Re: Turkish Referendum

Postby Tim Drayton » Thu Apr 27, 2017 5:37 pm

It seems an individual named Özgür Topsakal has beaten the CHP to it and has already filed an individual application to the Eurorpean Court of Human Rights for annulment of the Turkish referendum.

http://www.cumhuriyet.com.tr/haber/siya ... pildi.html
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Re: Turkish Referendum

Postby Tim Drayton » Fri Apr 28, 2017 10:09 am

An interesting analysis from Aydın Engin, octogenarian columnist on the still-just-surviving opposition Cumhuriyet newspaper. He was in fact arrested along with the group of Cumhuriyet staff who have been held on pre-trial detention for over five months, but he was released pending trial on age grounds. The only concrete charge levelled against him to the best of my knowledge, in Erdoğan's paraniod dictatorship in which all who oppose him are terrorists, was for supposedly making a 'subliminal message' in the title of one of his articles that appeared shortly before the coup attempt and was similar to the title that the short-lived junta adopted for themselves. For this, he is accused of working with the so-called Fethullah Gülen Terrorist Organisation. Since Fethullah Gülen is an Islamist who wants to overthrow the secular Republic of Turkey, while Aydın is a lifelong Marxist and supporter of secularism, such a charge amounts to political illiteracy. He is one of the few people left in Turkey prepared to run the risk of writing stuff like the following:

The AKP’s ECHR test
Let us first summarise what is already known:
One: Turkey’s signature is beneath a convention whereby it agrees to abide by decisions of the European Court of Human Rights (ECHR).
Two: It has also been accepted in the same convention under the seal of the state that ECHR decisions have priority over domestic laws and must be abided by.
Three: In order for citizens or institutions of the Republic of Turkey to apply to the ECHR, domestic legal remedies must be exhausted.
Four: The decision taken by the Parliamentary Assembly of the European Council to demote Turkey after thirteen years and place it under ‘monitoring’ does not absolve the state of its obligation to abide by ECHR decisions.
Five: Reports by the OSCE observers whose authority is recognised and who were in any case officially invited in the course of the referendum by Turkey have the status of documents with international validity and the OSCE report on the referendum is sufficiently clear and blunt to shut the mouths of those who make brazen recourse to arguments such as, ‘That business is over. The taker of the horse has passed Üsküdar.’
Enough with the summarising.

***

The coming days will see a ‘ECHR test’ commencing for the AKP rulership.
There are a huge number of files pending before the ECHR and, as domestic legal remedies have been exhausted in Turkey, there is no legal or formal obstacle to their being ruled on.
The newest of these comes with the CHP deciding to go to the ECHR as a last resort over the referendum results.
Party spokesperson Selin Sayek Böke has officially announced this decision. Given that the door has been closed in no uncertain manner in the CHP’s applications to senior judicial institutions such as the Supreme Election Council, Council of State and Constitutional Court, it is certain that domestic legal remedies in the country have been exhausted.
There is more.
We have applied on behalf of eleven of our detained colleagues to the Constitutional Court and the ECHR and are seeking our colleagues’ release, stating that pre-trial detention has been turned into a punishment and the indictment that has been made public lacks any serious content that would warrant the passing of a detention order. Until today, there has not been a peep from the Constitutional Court. So, there is a strong possibility that the ECHR will render a ruling on the grounds of a ‘violation of rights’ with regard to our colleagues. It is not only our Cumhuriyet bunch that are involved. As far as I know, an application has been made to the ECHR for a group of journalists including my friendŞahin Alpay and the ECHR has decided to fast track these cases.
If my few ounces of legal knowledge do not deceive me, the coming weeks that for all you know will stretch into months will see one ECHR decision following another.
I and we obviously do not know the content of the decisions at the moment. But ...
But, what is to happen if these decisions are decisions that reject the claims of the AKP upper echelons and assent to the applicants’ quests for justice?
If we lived in a true democracy and under the genuine rule of law, the question would have a brief and definitive reply: The Republic of Turkey would abide unwaveringly by the ECHR decisions and would do what was required.
But, we live in nothing like a true democracy and the rule of law is removed by light years from today’s law in Turkey.
In my opinion, the correct question is not: ‘Will Turkey pass or fail the test set by the ECHR, whose legal and statutory supremacy has attained finality under the seal of the state?’
In my opinion, the correct question is: ‘Will the AKP rulership deny the supremacy of international law and decide to continue on its way under local and national law?’
I get the feeling that in the coming weeks or months we are going to hear the yell emanating from Tayyip Erdoğan’s mouth, ‘ECHR decisions are null and void for us.’
Then we will all attend democracy’s funeral together.


http://www.cumhuriyet.com.tr/haber/engl ... _test.html

I don't agree with the last sentence, though. If it is true that the kleptocratic AKP regime, having reduced the economy to ruins, is desperate for economic aid from Germany, they are going to have to dance to Europe's tune.
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