US embassy cable - 04BRUSSELS1497

C O N F I D E N T I A L SECTION 01 OF 03 BRUSSELS 001497 
 
SIPDIS 
 
E.O. 12958: DECL: 04/06/2014 
TAGS: PREL, PHUM, KDEM, TU, EUN, USEU BRUSSELS 
SUBJECT: EU COMMISSION OUTLINES KEY COPENHAGEN CRITERIA 
ISSUES REMAINING FOR TURKEY, EUROPEAN UNION 
 
 
Classified By: USEU External Affairs Officer Andrew Erickson 
for reasons 1.5 (b) and (d) 
 
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SUMMARY 
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1.  (C) Prior to EUR/PDAS Charlie Ries' visit to Brussels on 
March 30 covering the same issues at a higher level (septel), 
working level EU officials on March 29 met with us to detail 
EU Commission concerns on specific Copenhagen Criteria 
issues.  The Commission laid out five specific areas where 
further improvement is needed.  These include the judiciary, 
fundamental freedoms, civil-military relations, cultural 
freedoms, and southeast Turkey.  Globally, the Commission 
officials underscored that implementation on all areas 
remains spotty, and a problem.  On the timing of their report 
on the Copenhagen Criteria, Commission officials said that 
they will draft the report in July and August for a late 
September/early October release.  End summary. 
 
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Interlocutors 
and Mechanics 
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2.  (C) In preparation for EUR/PDAS Ries' March 30 visit to 
Brussels to discuss Turkey's EU accession efforts, Embassy 
Ankara Economic Counselor Scot Marciel and EUR/ERA Michael 
Dixon met with EU Commission Turkey Team Head Martin Harvey 
on March 29.  Accompanying Harvey was Alessandro Missir di 
Lusignano, who is the principal drafter of the Commission's 
accession report and recommendation .  Harvey explained that 
the report will be drafted in July-August, then vetted 
throughout the Commission for a late September/early October 
release to the public.  This time table requires the GOT to 
progress rapidly for information to make it into the report 
prior to the cut-off date, which is one month before the 
report's publication.  (Although Missir noted that 
information can be added at the last moment if it is 
particularly significant.) 
 
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Progress Continues 
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3.  (C) Overall, Harvey underscored that there has been a 
significantly positive change of tone from Turkish government 
interlocutors over the past 18 months; the AK government has 
changed the nature of the discussion through a pragmatic 
focus on making real progress as opposed to the threats and 
ultimatums which sometimes characterized previous GOT 
discussions with the EU.  The U.S. side reiterated our 
support for Turkey's accession, and said we would continue to 
encourage the GOT to take the steps needed to meet the 
Copenhagen political criteria. 
 
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But critical areas for 
improvement persist 
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4.  (C) Echoing language the EU has used with us before, 
Harvey and Missir outlined five particularly important areas 
for improvement: 
 
-- On Judicial Reform, the EU remains concerned about the 
GOT's implementation of existing reforms; this is a 
particular problem in some regions, with implementation 
varying by region.  The Commission was looking forward to the 
GOT's promised constitutional amendment to abolish or reform 
the state security courts.  The EU also views a new penal 
code as a requirement, and is concerned about "rumors now 
that Turkey may not do this year despite the fact that they 
have been working on it for two years".  Harvey noted EU 
concerns that the draft penal code may not adequately 
address: 1) gender equality; 2) freedom of expression; and, 
3) aligning of rights of defendants with EU standards. 
Harvey underscored that there is no specific EU model for the 
Turkish judicial system -- the GOT cannot simply follow an EU 
standard.  There are many acceptable judicial systems in the 
EU; the point is that Turkey today hasn't yet arrived at a 
model that appropriately addresses EU concerns.  These 
concerns include making the organ that appoints and manages 
judges and prosecutors independent of the executive branch. 
The current situation, in which the judicial branch is housed 
in same building as the Ministry of Justice, and shares the 
same budget, is not acceptable. 
 
-- The GOT has work to do improving protection of fundamental 
freedoms, including that of expression, free association, 
religion and the press.  The GOT needs to move from its 
"statist" authoritarian approach to one more reflective of a 
free society.  While time is short, the GOT needs nonetheless 
to establish a track record indicating that the long-term 
trend towards greater individual liberty is irreversible.  In 
this regard, the GOT needs to move faster to protect and 
nurture religious freedoms through new legislation on 
religious foundations.  It needs to start the process of 
revising the law of association and begin revising the 
currently very restrictive press laws.  Non-Muslim 
foundations are still very restricted; they need to be 
offered more autonomy. 
 
-- While Turkey has made progress on civil-military 
relations, much remains to be done.  Harvey singled out this 
area as one in which US pressure could be particularly 
influential.  Areas cited by Harvey included the need to 
ensure parliamentary control over the military budget; the EU 
remains skeptical about GOT claims that this has happened 
already.  The GOT needs to remove military representatives 
from education and audio-visual boards, although this seems 
to be happening.  The appointment of a civilian head of the 
National Security Council Secretariat would also be a 
positive signal. 
 
-- Cultural rights remain a particular concern.  The 
Commission is frustrated with lack of progress on Kurdish 
education and broadcasting.  GOT movement on these issues has 
been unsatisfactory, as shown by the failure of Kurdish 
broadcasting to begin.  The new broadcasting law is very 
burdensome and inhibits applications.  Kurdish language 
instruction has begun in an extremely desultory manner, with 
only 600 students starting April 1. 
 
-- Finally, the Commission remains focused on GOT treatment 
of Southeast Turkey as a general human rights issue.  The GOT 
needs to do more to address the issue of displaced persons. 
While the Commission has seen some encouraging signs of 
dialogue, the GOT needs to do more, and make resources 
available.  A long term objective should be the economic 
development of the region.   progress in developing the 
region. 
 
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Further Implementation 
needed across the board 
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5. (C) Beyond the five specific areas cited above, Harvey and 
Missir stressed a persistent global reservation about the 
GOT's implementation of legislation and promised additional 
reform.  Implementation remains spotty and inconsistent. 
While Missir recognized that mentalities take time to change, 
he made it clear that implementation is part of the 
Copenhagen political criteria being judged.  Torture is an 
issue of concern, still.  There is some evidence that other 
forms of psychological and non-physical abuse have replaced 
physical torture.  Thus while the overall trend is positive, 
the GOT needs to remain vigilant in ensuring that reforms 
were respected throughout Turkey.  Harvey and Missir also 
noted that they are watching high profile cases such as Layla 
Zana's but said that although they are important, it is 
Turkey's global approach that they are primarily charged with 
assessing.  They want the GOT to do more than just solve 
specific cases. 
 
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Comment 
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6.  (C) Some key points re-emerging from these review of the 
Commission's Copenhagen Criteria review process included the 
following: 
 
-- The Commission, representing as it does fifteen member 
states, can't offer specific formulae to Turkey that the GOT 
can simply replicate.  As such, the Copenhagen Criteria are 
"soft" in that the Commission is charged with assessing the 
"spirit" of reforms as well as the "letter" of the laws. 
This presents both challenges and opportunities to the GOT. 
A challenge because the criteria can in some instances seem 
amorphous and non-specific; an opportunity because the 
Commission will apparently accept GOT solutions that are 
rooted in Turkish reality, provided that they confirm to the 
spirit of the larger European political tradition of open 
societies grounded in the protection of individual liberty. 
 
-- The Commission is clearly impressed by the ambition and 
the pace of the current government's reform package.  This is 
greatly improving the prospect of a positive decision for 
Turkey in December. 
 
-- Finally, there was a clear message that implementation 
needs to proceed aggressively, both on specific issues like 
Kurdish linguistic rights and on global issues like judicial 
reform and religious freedom writ large.  While the GOT's 
legislative cup of reform is definitely perceived in Brussels 
as more than half full, the implementation cup remains half 
empty.  Given that the Copenhagen political criteria are 
being evaluated on implementation as well as on intent, the 
GOT needs to continue to work hard on all fronts if it is to 
obtain a positive decision in December.   Foster