Decision to resume consideration on the cases of Bekir-Ousta group at the Committee of Ministers
The Committee of Ministers requested information from Greek authorities concerning the possible change in the domestic law after the adoption of the law on 10 October 2017
On 5-7 December 2017, the Council of Europe held the last meeting of the year within the scope of duty of inspecting application of the decisions of the European Court of Human Rights (EC-tHR). The Committee of Ministers, which examines application of the decisions of European Court of Human Rights under the name of Bekir-Ousta and others group of cases concerning Xan-thi Turkish Union, Cultural Association of Turkish Women in Rhodope and Evros Minority Youth Association, decided to resume consideration of these cases in case re-opened proceeding are de-livered under the mentioned law adopted in October 2017.
In its 1302nd meeting the Committee of Ministers expressed its satisfaction for the adoption of Law 4491/2017 which is known to be the “Law on Xanthi Turkish Union” and which caused a harsh reaction in the Greek media for the initial draft discussed in the parliament in September.
Nevertheless, the Committee of Ministers reminded that the above-mentioned three associations might request to re-opening of proceedings following the adoption of the law and asked the Greek government to take the necessary measures to ensure that the judgments of the European Court and this decision of the Committee of Ministers are disseminated to all competent courts. In case that legal proceedings are re-opened in the three cases, the Committee demanded the Greek gov-ernment to provide information about the decisions to be taken by domestic courts.
Other than these three cases, the Committee of Ministers expressed its regret that registration of an association has been recently rejected on similar grounds. The Ministers Committee requested from the Greek authorities to provide information on the possible change in domestic case law re-garding registration of associations in Western Thrace following the adoption of the new law.
The law amendment which would enable Greek domestic courts to implement judgments of the European Court against Greece concerning the associations belonging to national minorities living in Greece was voted on 10 October 2017 at the Plenary Session of the Greek Parliament. Upon the reactions by the small partner of the government, ANEL, and other parties at the parliament, the initial draft t was withdrawn in September 2017 and new restrictions were added to the final text in which it was noted that new associations “should not threaten the state security” and “should not violate international treaties” as well as new restrictions on “national security”, “pub-lic security” and “freedom of third parties”. This new law which would challenge the implementa-tion of the ECtHR concerning the Western Thrace Turkish community and Macedonian minority was protested and voted “no” by Turkish MPs at the Greek Assembly.
The President of the Federation of Western Thrace Turks in Europe (ABTTF), Halit Habip Oğlu stated “Following the adoption of the law at the Greek parliament on 10 October 2017, the deci-sion of the Committee of Ministers to resume consideration in case of re-opening of proceedings in domestic courts in cases of Xanthi Turkish Union, Cultural Association of Turkish Women in Rhodope and Evros Minority Youth Association is a positive decision for the Turkish community in Western Thrace. However, following the restrictions provided in the new law, the way for the implementation of the ECtHR judgments have not been paved. On the contrary, the new law le-galized the reason for the conviction of Greece in these three cases which were closed or were not registered on grounds of national security and public order. As ABTTF, we informed the Commit-tee of Ministers on this specific issue in the letter we wrote. We further informed the Committee that Rhodope-Evros EPATH Graduates Teachers’ Association’s decision of changing its name with a word including “Turkish” in the name was not accepted by the local court. At this point what will be important are the decisions of the local courts thereafter. As ABTTF we shall contin-ue to follow the issue and convey it to the Committee of Ministers.”
You may access the related decision of the Committee of Ministers of the Council of Europe at https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=090000168076d2f1
