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The European Court of Human RightsImplementing Strasbourg's Judgments on Domestic Policy$
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Dia Anagnostou

Print publication date: 2013

Print ISBN-13: 9780748670574

Published to Edinburgh Scholarship Online: January 2014

DOI: 10.3366/edinburgh/9780748670574.001.0001

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A Complicated Affair: Turkey's Kurds and the European Court of Human Rights

A Complicated Affair: Turkey's Kurds and the European Court of Human Rights

(p.166) Chapter 7 A Complicated Affair: Turkey's Kurds and the European Court of Human Rights
The European Court of Human Rights

Dilek Kurban

Haldun Gülalp

Edinburgh University Press

In Turkey, hundreds of cases were taken to the ECtHR in the 1990s in response to the violations originating from the actions of security forces, committed in the name of ‘combating terrorism’. This chapter on Turkey shows that the ECtHR's case law has played a significant role in bringing these violations to light. The resulting pressure from the international community has forced the Turkish government to revise its mode of dealing with the insurgency and with the Kurdish political and cultural demands more generally. Additionally, the EU's accession criteria that require candidate countries to protect minority rights have pressured Turkey not only to execute the ECtHR's judgments related to the Kurdish question, but also to go beyond it and grant Kurds limited linguistic rights. At the same time though, the authors argue that the improvements have not resulted in the eradication of the problem or even in substantive change in governmental policy. In a struggle with the two institutional pillars of the nationalist position, the military and the judiciary, the AKP government of Tayyip Erdoğan has had an ambivalent position and followed a policy of negotiating for power rather than displaying a principled commitment to human rights.

Keywords:   Discrimination, Dissolution of political parties, European Union, Accession process, AKP [Adalet ve Kalkınma Partisi], National security, State of emergency

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