(THIS ARTICLE IS MACHINE TRANSLATED by Google from Norwegian)
Jørgen Lorentzen of the Norwegian PEN observes the ongoing trial against Turkish journalists. 27. In July, he writes in the Aftenposten: "If something Erdogan fears, it is the European Court of Human Rights." I do not know if he fears it, but this court is at least the most powerful instrument Europe has in securing the rights of the many who are imprisoned or detained. It is not just a single court in question, but an entire judicial system established under the Council of Europe to support this court.
Let me explain: A number of monitoring agencies, made up of experts from 47 countries, regularly inspect the member states – in the current situation they have a special focus on Turkey. The Court relies heavily on these experts' reports. The Council of Europe's human rights commissioner, like them, has also had a special focus on Turkey. He is the only one who has had access to southeastern Turkey in recent times. The Human Rights Commissioner has the right to present evidence in the Human Rights Court, which he often does in specific cases.
The Council of Europe's Venice Commission is probably the most respected in the world when it comes to law and constitutional issues. (A large number of countries outside Europe have joined the Commission, and the United States, for example, is a full member). The Venice Commission has given its view on a wide range of laws, including of course the new constitution in Turkey. This has been a great support for the opposition, and of course in my efforts to get the Turkish authorities to change their legislation.
Det er veldig viktig be aware of the following: Even before the coup attempt, the Court of Human Rights made a decision that the terrorist laws in Turkey do not comply with the European Convention on Human Rights. The judgments are binding, and my experts are now advising the Turkish government on what should be done in this way. The EU has said it will not facilitate visa from Turkey until our advice is met. As directly elected by a parliamentary assembly, I direct this apparatus – and, under Article 52 of the Convention, have the right to intervene in member states.
Some time ago we got the Turkish National Assembly to set up a constitutional court to which all Turks have the right to appeal, and determined that this court should judge on the basis of the case law of the Strasbourg court. This led to the Constitutional Court awarding a number of historical judgments. It was he who ordered the journalist Dundar to be released – which was also done. However, this was before the coup attempt, and there is now reason to doubt whether this court will continue to rely on Strasbourg case law. Therefore, 17 Turks have already sent their cases to us. This includes the journalists who are currently dealing with their cases in Turkish courts.
The Strasbourg Court is closely monitoring what is happening. That is why Lorentzen writes what he writes in Aftenposten. It is strange that Norwegian media, when describing and commenting on what is happening in Turkey, completely omit the comprehensive system that is in swing. Instead, it is always referred to the EU and NATO, or even Organi-
the Security and Cooperation in Europe (OSCE) – which has no role other than observing the relevant cases. The same organizations always refer to the Council of Europe, because we have legally binding funds that none of them have. Foreign ministers from all over Europe now call regularly to inquire about what is happening. Yesterday I received an invitation from French President Macron to come to Paris. The reason for this is the Council of Europe's involvement in Turkey and Russia, in addition to our interventions in Poland and Hungary – and of course the reform work in Ukraine, which is crucial for the Minsk process where France is one of the parties. Throughout the election campaign, Macron was stubborn in his support of the European Convention on Human Rights, unlike several of his competitors.
Jagland is the leader of Europe
Council. The text is an edited version of Jagland's Facebook
post dated July 27, 2017.
Also read: Today's Turkey – and the long lines
