Monday, November 15, 2010

ECHR in defence of 1980 coup

13 November 2010

The European Court of Human Rights found the application against the impunity for the junta regime in Turkey inadmissible that came to power following the military coup of 12 September 1980.

Reacting against the inadmissibility of the Court Lawyer Kazım Genç said: “Since the negotiations between Turkey and EU started on 14 January 2005 Turkey and EU got closer which also affected the Court decision. ECHR is standing by the Turkish state against the victim citizens. This decision also means that the Court stands by Turkey against the victims of the coup.”

The Federation of the 1978 Generation held a press conference concerning their application against the putschers of military coup of 12 September 1980 which was found inadmissible by the European Court of Human Rights. Speaking at the conference the president of the federation Hüseyin Esentürk said after the decision from the Turkish Court of Appeals which stated that putschers cannot be held responsible legally of financially and therefore no investigation can be launched against them, the federation exhausted the domestic remedies and took the case before the ECHR on 5 September 2007. “The Court pronounced its decision 3 years later on 7 October 2010. The decision is based on Article 35/3 of the Convention.” added Esentürk.

Esentürk futher stated that with the recent referendum on constitution the interim article 15 of the constitution which was the obstacle before bringing the putschers before a court has been lifted. He also wanted the parliament and the government fulfil their responsibilities. “Prosecutor of the Court of Appeals should take this constitutional amendment into consideration and re-launch the investigation against putschers.” added Esentürk.

Speaking at the conference Lawyer Kazım Genç said the Court rejected the decision on account of the fact that trying putchers is not a right protected by the Convention. “This state has not been tried for the 30 years and we are victims. However, the negotiations started with the EU have also affected the approach of the Court. Such a decision means supporting Turkey against the victims of the military coup.”