B3-0173 and 0180/94

Resolution on discrimination in Turkey against citizens of the European Union

The European Parliament,

A.mindful of its previous resolutions on the human rights situation in Turkey and the EEC-Turkey Association Agreement, in particular Article 9 thereof, which prohibits all discrimination on grounds of nationality,

B.whereas until 1988 the rules governing the title to property of citizens of Greek descent, irrespective of nationality, were subject to the secret decree of 1964 limiting the rights derived from ownership, even rights of succession, and essentially led to the confiscation of that property,

C.whereas on the occasion of the talks on the re-activation of the EEC-Turkey Association Council, the question arose of discriminatory treatment of the property in question, and in 1988 Turkey revoked the 1964 decree with a law which had retroactive effect,

D.whereas since then the Turkish courts have either continued to give judgment on the basis of the secret decree of 1964 or have raised insurmountable bureaucratic obstacles and various legalisms which make it impossible for justice to be rendered,

E.whereas the recent judgment of 27 October 1993 of the Second County Court, Pera, in the case of Magdalini Kallinoglou, ruled in favour of the Turkish State and annulled the attestation of inheritance in spite of two judgments to the contrary (Judgments 206/1988 and 998/1991 of the County Court, Istanbul),

F.whereas in the grounds of this judgment it emerges that 'the (Turkish) State maintained that the Greeks do not have rights of succession and called for the annulment of the attestations of inheritance' and this application was granted on the ground that the court could not verify the alleged principle of reciprocity (between Greece and Turkey),

1.Considers that seeking reciprocity in the treatment of minorities constitutes an unacceptable practice and discriminatory treatment against minorities, and introduces retaliatory measures which, under international law, are measures contrary to the principles of the UN Charter and the European Convention on Human Rights;

2.Condemns unreservedly those practices, which are contrary to the EEC-Turkey Association Agreement and affect the interests of citizens of the European Union;

3.Calls on the Turkish Government to intervene to repeal definitively the unacceptable secret decrees of 1964 and confidential circular 8-11-27433/10-7-85 and, by means of a legislative and administrative act of superior authority, to repeal all judicial or other measures tying-up the property in question;

4.Calls on the Commission and the Association Council to raise the matter with the Turkish Government immediately;

5.Instructs its President to forward this resolution to the Commission, the Council, the EEC-Turkey Association Council and the Turkish and Greek Governments.