Proposal for a resolution (06/05/2003)
tabled by Anna KARAMANOU (in the name of the PES Group)
on a fair trial for Ms Leyla Zana in Turkey

The European Parliament,

-having regard to Article 11(1) of the Treaty on European Union and Article 177 of the EC Treaty, which establish the promotion of human rights as an objective of the common foreign and security policy,

-having regard to Article 6 § 1 and Article10 of the European Convention on Human Rights concerning the right to a fair trial and the freedom of expression,

-having regard to its previous resolution on Ms Leyla Zana, winner of the Sakharov prize, on 13 December 2001,

-having regard to the decisions of the European Court of Human Rights concerning the case of Ms Zana,

-having regard to Turkey's application for membership of the European Union, submitted on 12 April 1987, pursuant to Article 49 of the Treaty on European Union,

-having regard to the Commission's Regular Report of 9 October 2002 on Turkey, which states that the situation of persons imprisoned for having expressed non-violent opinions has not been adequately addressed,

-having regard to the new legal provisions adopted by the Turkish Parliament which authorize new trials for any sentence challenged by the Court of Human Rights,

-having regard to the letter sent on 30 April 2003 by the Co-Chairman of the EU-Turkey Joint Parliamentary Committee, Mr J.Lagendijk addressed to the President of the EP,

A. whereas Ankara State Security Court No.1 consented to retry former DEP deputies Leyla Zana, Selim Sadak, Hatip Dicle and Orhan Dogan in line with the new laws and proceeded to the first hearing of the new trial on March 28,2003,

B. whereas an EP ad hoc delegation has attended the 2nd hearing of the trial on 25 April 2003, and expressed disappointment at the way in which the trial of Ms Leyla Zana was conducted,

C. whereas the next hearing of the trial will take place before the Ankara State Security Court N°1 on May 23, 2003,

D. whereas Ms Leyla Zana was awarded the Sakharov Prize in 1995, for her defence of human rights,

E. whereas the European Court of Human Rights, in its decision of 17 July 2001 in the Sadak, Zana, Dicle and Dogan case, concluded unanimously that the legal procedure that had led to Leyla Zana being sentenced to a prison sentence of 15 years had not respected her fundamental right to a fair trial, as provided in the European Convention on Human Rights,

1. Calls on the Turkish authorities to guarantee a fair trial for Ms Leyla Zana and to enable the defence team to carry out its work properly, in accordance with the reforms taking place in the Turkish Parliament and goverment's commitment to democracy;

2. Calls on its President to ensure that the entire European Parliament stands once again behind Ms Leyla Zana and that Members of the EP are present at each hearing until the verdict is reached;

3. Calls on the European Union to improve the dialogue with Turkey, with a view to strengthening the existing processes in Turkey towards the consolidation of democracy, justice and respect for human rights and freedoms;

4. Instructs its President to forward this resolution to the European Council, the Commission, and the Government and National Parliament of Turkey.