ABTTF President: “We find it positive that it sent a letter to the Greek Minister of Foreign Affairs, but when we examine the files related to the group of cases, we see neither a timetable nor an explanation for the steps that our country is planning to take in this regard. Indeed, we know that our country does not intend to execute all three judgments in this group of cases! The decisions of the Court of Cassation have confirmed this’’.
The Committee of Ministers of the Council of Europe examined the Bekir-Ousta and Others Group of Cases at its meeting held in Strasbourg on 5-7 June 2023. The investigation process initiated in 2008 following the judgment of the European Court of Human Rights which ruled that Greece had violated the freedom of association of the Xanthi Turkish Union, the Cultural Association of Turkish Women of the Prefecture of Rodopi and of the Evros Prefecture Minority Youth Association which belong to the Turkish community in Western Thrace is still continuing to this day for the past 15 years since Greece has yet not executed the ECtHR judgments.
In its decision taken at its 1468th meeting, the Committee of Ministers underscored that the Chair of the Committee of Ministers sent a letter to the Minister of Foreign Affairs of Greece in accordance with the decision taken in the review made in December 2022. Moreover, it is indicated in the letter that the Committee has requested for the ECtHR judgments with respect to the Bekir-Ousta group of cases to be executed fully and effectively and it was further noted that the Greek authorities’ have expressed their commitment to work together with the Secretariat in this regard.
The Committee of Ministers expressed its deep concern in its decision that despite the legislative amendment realised in 2017 and after 15 years since the ECtHR judgments had been ruled, the three associations have now exhausted all the possibilities that are at their disposal within the framework of the domestic legal system but that no concrete progress has been achieved. At this juncture, the Committee of Ministers urged the Greek authorities to urgently take measures for further steps and it also decided to resume the examination of this group of cases in December 2023.
In addition to the special measures regarding the Bekir-Ousta group of cases, the Committee of Ministers, as stated in its decision in December 2022, reiterated its call to Greece to consider amending the legislation on the registration of associations in the domestic legal system, which allows associations to audit their activities after the establishment of associations, to allow registration of associations without prior checking of the legality of associations and, in doing so, asked it to consider the European Court’s case-law and the 2014 Venice Commission and OSCE Joint Guidelines on Freedom of Association, which favour the registration of associations. In addition, the Committee recommended that the Greek authorities benefit from the assistance and expertise of the Council of Europe in this area for the amendment to the registration of associations.
President of the Federation of Western Thrace Turks in Europe (ABTTF) Halit Habip Oğlu made the following statement: ‘‘We find it positive that the Committee of Ministers sent a letter to the Greek Minister of Foreign Affairs, as decided in its December review, but when we examine the files related to the group of cases, we see neither a timetable nor an explanation for the steps that our country is planning to take in this regard. Indeed, we know that our country does not intend to execute all three judgments in this group of cases! The decisions of the Court of Cassation have confirmed this. For 15 years, easier said than done, all three of our associations have been waiting for justice, 15 years! But there are no results! For this reason, the Committee of Ministers requests the legislation on the registration of associations to be amended, thereby overcoming the obstacle to the establishment of associations. Of course, as we saw in the lawsuit filed for the closure of the Western Thrace Fenerbahçe Association, it is still possible to close the associations for various reasons after they are established! Indeed, as we always say, the Bekir-Ousta group of cases is a politicised issue in our country, so justice has not been provided for the past 15 years! We will continue to stand against every obstacle in front of our freedom of association together with our associations. We will also follow the review in December’’.
Please click below for the full text of the decision:
https://search.coe.int/cm/pages/result_details.aspx?objectid=0900001680ab78be
