"Turkey Must Pay Penalties to ECHR"

bianet asked Rıza Türmen, a former judge at ECHR and CHP deputy, regarding Minister of Foreign Affairs Ahmet Davutoğlu’s statements about having no need to pay a compensation of 90 million Euros for Cyprus Occupation.

According to a news in Hürriyet, Davutoğlu said: "We do not see this ruling fit in terms of its support, how it is applied and in the context of interstate law and in a condition where a country unrecognized by Turkey is addressed. In such a meaning, we do not find it necessary to pay. In the context of law, it has nothing in return.”

Turkey lost the lawsuit against Titina Loizidou who filed the lawsuit for the seize of her properties in Kyrenia. Turkey was compelled to pay a compensation of 1 million dollars. Turkey paid due to external pressure, despite having stated that the compensation will not be paid for the ruling is “political”. 

Does Turkey have the right to reject to pay compensations to ECHR?

According to European Declaration on Human Rights Article 46, Turkey is obliged to obey court rules as does any other country. The declaration mends the fences.

Should Turkey not pay the designated 90 million Euros in three months, the case will be on European Council Committee of Ministers. Should Turkey insist on not paying, the Committee will continue on with its pressure even more.

What sanction would Turkey encounter in case of not paying?

Sanctions are made by European Council Committee of Ministers should a country disabide. In case Turkey does not pay the compensation and insist on it, the Committee will keep the issue on its agenda. There will be pressure, growing gradually.

According to the Protocol 14 of the Convention, if a country insistently refuses to apply the Court’s ruling, Committee of Ministers will check whether the country violated article 46. Later on, it may come to point where Turkey may be expelled from membership.

Has Turkey avoided paying any compensation from ECHR before?

There has been no avoidance by Turkey so far. Initially refusing to pay Louzidou compensation, Turkey has paid with an interest rate, as a result of the pressure from the Committee of Ministers.

The Committee of Ministers carried the topic to their agenda when Turkey didn’t pay at first, it accepted the decisions predicting the realization of Turkey’s commitments and then sent the report to the related Minister and Turkey finally paid.

Minister of Foreign Affairs Davutoğlu says that they do not recognize Southern Cyprus and that they will not pay the money. However, when football matches take place in European Cup with Greek Side teams, The Republic of Cyprus flags are raised. How would you describe this?

In every international occasion, there is Turkey and the Greek Side of Cyprus; Greek Side is recognized officially as the state of Cyprus. This is also confirmed for ECHR. It is the case of Cyprus/Turkey.

About how the compensation will be paid, it is possible to say that paying the compensation does not mean Turkey recognizing the Greek Side, as Turkey will keep the intentions hidden.

How would you describe the statement of the Ministry of Foreign Affairs as “unnecessary to pay”?

ECHR ruled about this in 2001. It could have been more meaningful when the objections were explained in detail. Turkey is a member of the 47-member European Council. If there is common ground between Turkey and Europe for the regulations about democracy, the state of law and human rights, it is the European Council. Other organizations may consist only economic and security concerns

So when we say democracy and human rights, the performance Turkey shows with European Council and ECHR will have a great role in relationships with EU. Because either the membership process or other relationships, EU will always look at Turkey’s report card of ECHR. Of course it’s not only Europe, the respect Turkey shows the countries all around the world will affect relationships. European regional human rights regime is the most advanced regime in the world. (EKN/BAR/BM)

* Click here to read the article in Turkish.