European court condemns Turkish ban on Communist Party

[english at ozgurlluk.xs4all.nl]

   STRASBOURG, Jan 30 (AFP) - A European Court of Human Rights'  
ruling condemning Turkey's ban on a pro-communist party in 1990 may 
hold hope for the pro-Islamic Welfare Party -- subject of a similar 
ban earlier this month. 
   The court in Strasbourg ruled Friday that Turkey had violated  
guarantees on freedom of association enshrined in the European 
Convention on Human Rights, by banning the Unified Turkish Communist 
Party (TBKP) nearly eight years ago. 
   The TBKP's former president Nihat Sargin and general-secretary  
Nabi Yagci were awarded 120,000 French francs (19,575 dollars) in 
costs. 
   Ankara dissolved the TBKP in June, 1990, just days after it was  
founded. 
   Holding that the party had been disbanded before it was active,  
the court ruled that the government's action was based uniquely on 
the use of the word "communist" in the TBKP's title and a 
distinction its platform drew between the Turkish and Kurdish 
nations. 
   "Such a radical step ... coupled with a ban on (TBKP) leaders  
from holding political office, appears disproportionate and 
unnecessary in a democratic society," the court said. 
   More than a dozen Turkish parties have been dissolved since 1994  
-- most notably the pro-Islamic Welfare Party, which was banned on 
January 16, despite being the largest party in parliament. 
   Party leader and ex-premier Necmettin Erbakan and two of his  
close aides were also barred from politics for five years. 
   Welfare's deputy leader Abdullah Gul met here earlier this week  
with Daniel Tarchys, the Council of Europe's secretary general, and 
Leni Fischer, chairman of the organisation's parliamentary 
assembly. 
   Gul argued that the decision by Turkey's constitutional court to  
dissolve his party for activities judged harmful to the secular 
nature of the state, violated the European Convention on Human 
Rights. 
   Erbakan has already pledged to appeal to Strasbourg over the  
banning order, and Friday's ruling is sure to prove a major 
confidence booster. 
   A long list of cases involving dissolved Turkish groups is  
building up in Strasbourg, with the European Court of Human Rights 
scheduled to rule in April on the banning of the far-left Socialist 
Party, while appeals by three pro-Kurdish parties are still under 
consideration. 
   Turkey's constitutional court began a series of hearings last  
May into the activities of Welfare, which was accused by state 
prosecutors of becoming a focus for anti-secular activities. 
   The charges were concentrated on remarks by Erbakan and his  
aides calling for "jihad", or Islamic holy war in Turkey, and 
Welfare's efforts to introduce some Islamic practices into daily 
life. 
   The United States and several European countries have criticised  
the ban, saying the verdict could hurt democratic pluralism in 
Turkey. 
   Erbakan became Turkey's first Islamist prime minister in June  
1996 after forging a coalition government with a conservative party. 
But his one-year term was marred by major rows with powerful 
pro-secular army generals over what they saw as creeping 
Islamisation. 
   He was forced to step down under heavy military pressure in June  
last year. 
  	   	

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