Turkey

Urge the government to sign and ratify the Rome Statute of the International Criminal Court (ICC)!

Although Turkey has not signed or ratified the Rome Statute of the ICC, a series of positive developments have provided hope that Turkey will accede to the ICC treaty in the near future.

In May 2004 an amendment to Article 38 of the Constitution was adopted allowing the extradition of Turkish nationals to the ICC, thus recognizing the ICC as an international juridical institution. On 8 October 2004, Prime Minister Erdogan pledged in front of the Parliamentary Assembly of the Council of Europe that: "�Turkey will soon approve the Rome Agreement (sic) after completing its internal preparations and will become part of the International Court Convention(sic)�. The same declaration was made, afterwards, by the Prime Minister on Turkish national televisions and newspapers.

Government officials from the Ministry of Foreign Affairs and the Ministry of Justice have also stated their support to a prompt ICC ratification in several media events, and during visits with the Coalition for the International Criminal Court (CICC) in Ankara in 2004 and 2005.

Moreover, an inter-ministerial working group was established in February 2005 to prepare implementing legislation that would allow Turkey to ratify the Rome Statute. However, the working group has only met twice since then and no timetable for finalizing the work has been set.

Bringing the Rome Statute fully in line with the values and objectives of the European Union, the EU has repeatedly called on Turkey to accede to the ICC Treaty, in particular since the EU accession negotiations have started in October 2006. The European Commission has included in its regular report the importance of the ICC ratification, and the European Parliament has recently adopted a motion for resolution calling Turkey to ratify the Rome Statute of the International Criminal Court.

The CICC and its members are calling on Turkey to complete its accession process as soon as possible. By doing so, Turkey would accept the jurisdiction of the ICC over genocide, war crimes and crimes against humanity, if its national courts were unwilling or unable to investigate and prosecute such crimes.

Turkey�s accession to the ICC Treaty would have a positive impact on its neighboring countries such as Azerbaijan and Armenia that have not yet acceded to the ICC, and positively influence the Middle East region, one of the most underrepresented regions in the ICC system.

The Rome Statute came into force in July 2002 and now has the support of more than half of the world�s nations. Today, 102 states from across the globe have acceded to or ratified the treaty and 139 are signatories.

Take action now!

Support CICC�s appeal by sending letters by mail or fax urging the government of Turkey to ratify the Rome Statute and implement it into national law.

You might like to use the following letter as a guide.
Send your letter to:
H.E. Recep Tayyip Erdogan
Prime Minister of Turkey
Basbakanlik
Necatibey Cad. 58
Ankara
Turkey

Tel: 90-312-231-3508
Fax: 90-312-231-5201

Please send via email to: [email protected]; [email protected]; [email protected].

Your Excellency,

I welcome Turkey�s recent positive advances on the path of international justice and congratulate you for leading Turkey towards its new role in international affairs. I hope that you want to once again make Turkey�s accession to the Rome Statute one of your goals in October 2006. I also welcome your pledge before the Parliamentary Assembly of the Council of Europe on 8 October 2004 to accede to the Rome Statute and also the constitutional amendments that were adopted in May 2004, in particular, the amendment to Article 38 on extradition, which reads: �Except for obligations required by becoming Party to the Statute for the ICC, no citizen shall be extradited to a foreign country on an account of an offence� (non-official translation). The establishment in February 2004 of an inter-ministerial working group charged with preparing implementing legislation and allowing Turkey to ratify the Rome Statute is yet another positive step forward for Turkey. However, the working group seems to have met only twice since then and no timeline for the finalization of its work has been set. I hope this will be able to change in the near future

Since the start of the EU accession negotiations in October 2005, the European Union has issued repeated calls for Turkey�s accession to the Rome Statute as an essential component of the Union�s democratic model and values. Also, the European Parliament has recently adopted a motion for a resolution urging Turkey, in the framework of the EU accession negotiations, to ratify the Rome Statute. Turkey�s prompt accession to the Rome Statute of the ICC would thus represent a significant step ahead in the consolidation of the rule of law and respect for human rights.

I ask your Excellency and the Government of Turkey to submit an ICC ratification bill to the Parliament as soon as possible in order to adhere to the Rome Statute of the ICC and to fully align Turkish legislation with all obligations under the ICC Statute, including ratification of the Agreement on Privileges and Immunities of the ICC. Accession to this treaty would also allow Turkey to actively participate in the upcoming Assembly of States Parties to the ICC, taking place in The Hague (The Netherlands) from 23November to 1 December, during which time States will be making important decisions about the administration of the Court.A prompt accession would also allow Turkey to participate in the 2009 Review Conference which will consider possible amendments to the Rome Statute.

I thank you for your attention and I look forward to hearing from you at your earliest convenience.

Yours sincerely,

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