Striking analysis on elections in EU report: It provided an unfair advantage to Erdoğan

The European Commission (EC) has published its 2023 Enlargement Package, which includes the latest assessments regarding Turkey, Serbia, Albania, Montenegro, North Macedonia, Bosnia and Herzegovina, Kosovo, Ukraine, and Moldova.

According to the report in Cumhuriyet; the Turkey report, which begins with the statement "Turkey remains a key partner and candidate country for the EU," notes that there are serious problems in the functioning of Turkey's democratic institutions and that democratic backsliding continues.

In the report, which addresses the Presidential Government System, it is assessed that the 'presidential system' concentrates power in the Presidency and, therefore, there is no effective separation of powers between the legislative, executive, and judiciary branches. Emphasizing that the Venice Commission's recommendations regarding the presidential system have not yet been implemented, the report also states that the pressure exerted on opposition mayors has harmed local democracy.

STRIKING COMMENT ON ELECTIONS: IT PROVIDED AN UNFAIR ADVANTAGE TO ERDOĞAN

In the report, which states that political alternatives were presented to voters and turnout was high in the May 14-28 Presidential and General Elections, it was noted: "The elections offered voters a choice between genuine political alternatives and turnout was high, but biased media coverage and the lack of a level playing field provided an unfair advantage to the incumbent president."

Noting that the government has a legitimate right and responsibility to combat terrorism, the report stated that this must be done in full compliance with the principles of the rule of law, human rights, and fundamental freedoms, and that counter-terrorism measures must be proportionate.

"JUDICIAL INDEPENDENCE CONTINUES TO BACKSLIDE"

Stating that serious backsliding continues in civil society issues as well, the report said, "Civil society organizations have faced increasing pressure and a shrinking space for their activities; this has led to restrictions on the freedoms of expression, association, and assembly."

Criticizing that serious backsliding continues in the area of judicial independence and that structural deficiencies in the judicial system have not been addressed despite numerous judicial reform packages in recent years, the report stated that the continued non-implementation of certain rulings by the European Court of Human Rights (ECHR) is worrying.

The report also stated that no progress has been made in eliminating the excessive influence and pressure of the executive branch over judges and prosecutors, which negatively affects the independence, impartiality, and quality of the judiciary.

It was stated that Turkey's preparations in the field of judiciary are still at an early stage, and the following statements were included:

"Turkey's preparations in the field of judiciary are still at an early stage. Serious backsliding has continued and, despite various judicial reform packages enacted in recent years, structural deficiencies in the judicial system have still not been addressed. Turkey's continued refusal to implement certain rulings of the European Court of Human Rights (ECHR) remains a source of concern. No progress has been made in eliminating the undue influence and pressure of the executive over judges and prosecutors, which negatively affects the independence, impartiality, and quality of the judiciary. The implementation of the 2021 Human Rights Action Plan (HRAP) and the 2019 Judicial Reform Strategy (JRS) has continued, but the activities envisaged in these documents have been insufficient to address the structural problems and issues identified in previous European Commission reports. The lack of objective, merit-based, uniform, and pre-established criteria for the recruitment and promotion of judges and prosecutors remains a source of concern."

FIGHT AGAINST CORRUPTION

Pointing to the inadequacy of measures taken against corruption in Turkey, the report stated that due to limitations in the legal framework and institutional structure, corruption cases are open to excessive influence during the investigation and prosecution stages.

Noting that the accountability and transparency of public institutions need to be improved, the report expressed the view that Turkey lacks the will to fight corruption decisively, with the words: "Turkey is at an early stage in the fight against corruption. No progress was made during the reporting period. The shortcomings observed in recent years in key areas of the fight against corruption have still not been addressed. Contrary to the United Nations Convention against Corruption, to which Turkey is a party, a full-fledged anti-corruption policy involving relevant institutions has not yet been developed. Legislative gaps in various areas of the fight against corruption still persist. Limitations in the legal framework and institutional structure have allowed for undue influence in the investigation and prosecution stages of corruption cases. The accountability and transparency of public institutions need to be improved."

In the report, which comments that "Corruption remains a problem," it was emphasized that the recommendations of the Council of Europe's Group of States against Corruption (GRECO) are not being implemented in Turkey.

FREEDOM OF EXPRESSION

Referring to Reporters Without Borders' World Press Freedom Index for Turkey, the report stated that Turkey has fallen further behind compared to 2022 and ranks 165th out of 180 countries, adding: "As of June 2023, 59 journalists and media workers are serving sentences in prison or awaiting trial."

The report stated that broad restrictions on the activities of journalists, writers, lawyers, academics, human rights defenders, and critical voices have continued. The way national security and counter-terrorism laws are applied has created inconsistencies with ECHR case law and the ECHR. It was observed that freedom of expression was restricted during the May 2023 election process, negatively affecting voters' ability to make informed decisions."

Emphasizing that the right to assembly is also not permitted in accordance with international agreements, the Commission said, "There have been repeated bans, disproportionate use of force, and interventions against peaceful demonstrations. Protesters have been subjected to investigations."

In the report, it was stated that they also find the non-implementation of certain rulings by the European Court of Human Rights worrying. It was emphasized that the non-implementation of ECHR rulings is "a source of concern regarding the commitment of the judiciary in Turkey to international and European standards."

Assessing that "the rights of the most disadvantaged groups and persons belonging to minorities need to be better protected," the report included the comment: "Roma are still largely excluded from registered employment and their living conditions are deteriorating significantly. In January 2023, Turkey adopted a new Roma strategy covering the 2023-2030 period and an action plan covering the 2023-2025 period. The February 2023 earthquakes have disproportionately affected the Roma population and increased the challenges they face in terms of living conditions, livelihoods, basic needs, and health in the affected regions, especially for women and children. Gender-based violence, discrimination, and hate speech against minorities and LGBT individuals remain a serious source of concern."

NO PROGRESS IN ECONOMIC ALIGNMENT

In the section of the report regarding economic criteria, it was emphasized that the Turkish economy is at a fairly advanced level, but no progress was made during the period the report was prepared.

The following statements were included in the report regarding the market economy:

"Serious concerns about the proper functioning of Turkey's market economy have continued. For most of the reporting period, there was backsliding in key elements such as the conduct of monetary policy and the institutional and regulatory environment. After the elections, some steps were taken to return to stability-oriented macroeconomic policies. Although economic growth remained strong in 2022, Turkey moved further away from market-oriented policies, which weakened its economic fundamentals and increased vulnerabilities and risks. Inflation remained high."

FOREIGN POLICY

One of the notable parts of the EU report was the foreign policy section.

Noting that despite Turkey being a full membership candidate, its alignment with the EU's foreign and security policies remains at 10 percent, the report covered both Russia's invasion attempt of Ukraine and the Israel-Hamas war that began on October 7.

The report included the following statements regarding sanctions on Russia:

"Turkey generally does not implement sanctions outside the UN and does not strictly align with the EU's measures against Russia. The EU's special envoy for sanctions visited Turkey twice to discuss the importance of not circumventing sanctions on Russia. Turkey should take steps to prevent the re-export of sensitive products that could also be used for military purposes by Russia to Russia."

Regarding Hamas, while it was stated that Turkey is reviewing its relations with Israel, it was said:

"Following Hamas's attack on Israel in October 2023, Turkey refrained from recognizing Hamas as a terrorist organization and condemning it. It harshly criticized Israel's response to the attack. Turkey strongly condemned the civilian casualties on both sides and offered to mediate between Israel and Hamas. Turkey is now reviewing its relations with Israel."

POST-EARTHQUAKE SOUTHEAST AND CROSS-BORDER OPERATIONS

The report made the following assessment regarding the situation in southeastern Turkey:

"The situation in the southeast has remained a source of concern, especially after the earthquake in February. The Turkish government has conducted military operations towards Iraq and Syria. Those living in border regions have faced security risks due to attacks by the PKK, which is defined as a terrorist organization by the EU. Counter-terrorism is the legitimate right and responsibility of the government, but it must be in full compliance with the principles of the rule of law, human rights, and fundamental freedoms."