The European Parliament,

-  having regard to its previous resolutions on Turkey and the Kurdish question, in particular its resolutions of 25 February 1999(1) and 6 May 1999(2) ,

-  having regard to the report to the Parliamentary Assembly of the Council of Europe of the ad hoc Committee to ensure the presence of the Assembly at the trial of Abdullah Öcalan of 21 June 1999,

-  having regard to the statement by the EU Presidency of 29 June 1999,

A.  whereas the Court in Ankara has condemned Mr Öcalan to death,

B.  whereas an appeal has been lodged by Mr Öcalan's defence lawyers, and whereas, if this fails, the Turkish Grand National Assembly would have to enact a law for the sentence to be carried out,

C.  whereas Turkey has observed a de facto moratorium on capital punishment since 1984, and whereas Turkish Government Ministers have stated in recent months that Turkey should abolish the death penalty,

D.  whereas a draft law, aimed at reforming the penal code and abolishing capital punishment in peace-time, is currently before the Judicial Committee of the Turkish Grand National Assembly,

E.  whereas the Parliamentary Assembly of the Council of Europe's ad hoc Committee noted that the presence of a military judge in the State Security Court entailed a violation of the right to a fair trial and that a death sentence would be a serious matter of concern to the Parliamentary Assembly,

F.  whereas all States applying to join the EU must fulfil the Copenhagen Criteria, which require achievement of 'stability of institutions guaranteeing democracy, the rule of law, human rights, respect for and promotion of minorities', and whereas Turkey is a member of the Council of Europe and has signed the European Convention on Human Rights and the International Convention against Torture,

G.  whereas the fundamental rights of the Kurdish minority in Turkey are not respected,

H.  whereas the PKK has also used violence and terrorism as instruments of political action,

I.  whereas the Chairman of the Human Rights Association, Mr Akin Birdal, and the publisher Mr Muzaffer Ilhan Erdost have been imprisoned pursuant to Article 8 of the anti-terrorism law,

1.   Condemns Mr Öcalan's sentence and reiterates its firm opposition to the use of the death penalty;

2.   Calls on the Turkish authorities not to carry out the death sentence;

3.   Expects the Supreme Court of Appeal to reverse the verdict against Mr Öcalan as a violation of Turkey's international legal commitments under the European Convention on Human Rights;

4.   Urges the Turkish Grand National Assembly to transform the current de facto moratorium on executions into a formal abolition of the death penalty in Turkey;

5.   Reiterates its call on the Turkish authorities to provide guarantees for the fair treatment of Mr Öcalan;

6.   Doubts the fairness of the trial against Mr Öcalan because of the procedure used by the State Security Court and emphasises that the trial of Mr Öcalan involved a military judge for most of its duration and that many Turkish citizens, Kurds and others, are in jail as a result of trials involving military judges;

7.   Welcomes the steps which have been taken to bring the way that Turkish institutions operate into line with common European practice, such as the recent revision of the Turkish Constitution regarding the composition of the Turkish State Security Courts;

8.   Calls on Turkey to comply with any decision on the sentence against Mr Öcalan taken by the European Court of Human Rights;

9.   Believes that the execution of Mr Öcalan would have considerable implications for security and stability in Europe and would be damaging for the process of integrating Turkey into the EU;

10.   Calls on the Turkish Government to address the causes of the conflict in Turkey by finding a solution which recognises the political, social and cultural rights of the Kurdish people and takes the view that, in this connection, the requisite democratic reforms must be carried out;

11.   Calls also on the PKK to put an end to violence and terrorism and to cooperate in the search for peace in Turkey;

12.   Reiterates its call on the Council and the Member States to take all the measures required to assist in the promotion of a political solution to the Kurdish question in Turkey;

13.   Instructs its President to forward this resolution to the Council, the Commission, the Turkish Government, the Turkish Grand National Assembly, the Parliamentary Assembly of the Council of Europe and the United Nations.

(1) OJ C 153, 1.6.1999, p. 39. (2) Minutes of that sitting, Part II, Item 26(b).