En Erbakan's application to Europe postponed

Erbakan's application to Europe postponed

03.05.1998 - 00:00 | Son Güncellenme:

Erbakan's application to Europe postponed

Erbakans application to Europe postponed

       Closed down Welfare Party's leader Necmettin Erbakan has postponed the date for the application to the European Human Rights Commission. He is continuing with his negotiations with the French lawyers about the case.
       Sevket Kazan, one of Erbakan's jurist officials, has said that the French lawyers had met with Erbakan before he went to pilgrimage, and that they had examined the petition to be given to the European Human Rights Commission. Kazan also said that the lawyers suggested changes in two points of the petition. Kazan added that they will be applying to the commission with a 50 paged petition, after the necessary corrections are made.
       At the application petition, the following articles are referred to. The 5th, 6th, 9th, 10th and 11th articles of the European Human Rights Aggrement that arranges the rights of just judgement, freedom of speech and the right to organize, as well as the 7th article of the additional protocol. In the petition it is defended that RP is right in this case when these articles are considered. It is also pointed out that the European Human Rights Aggreement binds Turkey's domestic jurisprudence norms within the frames of the international aggreements Turkey had signed.
       Here are some of the elements mentioned in the petition to be given to the European Human Rights Commission:
       * The 103rd article of the Political Parties Act has been arbitrarily annulled even though it is fitting with the Constitution.
       * The 101st article's paragraph d of the Political Parties Act has not been applied.
       * The legal entity of the Welfare Party has been judged even though it has done no actions related to this case.
       * The crime and penalty are personel. However the legal entity of the party has been judged and real persons have been punished.
       * Immunities have been disregarded in this case.
       * According to the 100th article of the Constitution, the actions of the government are inspected by the Turkish National Grand Assembly. The inspected actions can not be made subject to judgement. But in this case they have been made subject to judgement.