National security barrier to application of ECtHR decisions related to the associations in Greece with “Turkish” names

Halit Habip Oğlu: New legal regulation has shown explicitly that Western Thrace Turkish community is not a part of wealth of Greece on the contrary it is seen as a factor threatening the country’s national security

Following the amendments made, the law amendment proposal which would enable Greek national courts to implement the court decisions made against Greece by the European Court of Human Rights(ECtHR) regarding the associations of the national minorities living in Greece was voted on 10 October 2017 at the General Assembly of the Greek Parliament. While the new regulation receives the votes of the political parties as a result of the amendments made in the draft upon withdrawal the first regulation in September 2017 due to reactions by the parties, four Turkish MPs at the parliament voted “no” on the ground that the new law did not pave the way for application of the decisions related to minority associations.

Following withdrawal of the first draft on 19 September 2017 upon severe reactions of the political parties at the parliament related to ECtHR decisions convicting Greece in the cases of Cultural Association of Rodop Prefecture Turkish Women, Evros Minority Youth Association and Xanthi Turkish Union known in the Greek media as the law which will lead to legalization of the dissolved Xanthi Turkish Union (İTB) of Western Thrace Turkish community, the Ministry of Justice made amendments in the first draft. In the new regulation which brought restrictions with additional conditions by the terms “national security”, “public security” and “freedom of the third parties”, implementation of ECtHR decisions pertinent to Western Thrace Turkish minority and Macedonian minority in Greece have been challenged. With the new regulation it was stipulated that Turkish associations to be established in Western Thrace shall not “threaten the state security” and “breach the international agreements”. Due to the reason that the new law which included national security provision and many other provisions impedes implementation of the decisions, MPs of SYRIZA Ayhan Karayusuf, Hüseyin Zeybek and Mustafa Mustafa and MP İlhan Ahmet from Democratic Alliance Party voted no at the assembly.

Concerning the issue President of Federation of Western Thrace Turks in Europe (ABTTF) Halit Habip Oğlu said, “The new regulation became satisfactory for the political parties after severe and even racist reactions of the political parties. However, the new regulation is a complete disappointment for Western Thrace Turkish community and summarizes the perspective of the country on national minorities. The provisions of national security and public security show explicitly that Western Thrace Turkish community is seen as not part of the wealth of the country but as a factor threatening the national security. With the state and government policy shaped by this perspective it is impossible to talk about democracy and rule of law for Western Thrace community in the country. Unfortunately, the Greek parliament required to represent the whole nation did not create justice for all and in this respect the parliament did not pass democracy test.”