EU COMMISSION OUTLINES KEY COPENHAGEN CRITERIA

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