Udenrigsudvalget 2021-22
URU Alm.del Bilag 45
Offentligt
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ELDH
European Association of Lawyers
for Democracy & World Human Rights
EJDM Europäische Vereinigung von Juristinnen & Juristen für Demokratie und Menschenrechte in der Welt
EJDH Asociacion Europea de los Juristas por la Democracia y los Derechos Humanos en el Mundo
EJDH Association Européenne des Juristes pour la Démocratie & les Droits de l'Homme
EGDU Associazione Europea delle Giuriste e dei Giuristi per la Democrazia e i diritti dell'Uomo nel Mondo
Berlin / Düsseldorf / London, 29 October 2014
European Lawyers declare:
Remove PKK from the EU Terror List - lift the activity ban - support the peace
process – legal reassessment necessary
PKK ban for more than 20 years
Since 2002 on request of the –Turkish Government the Kurdistan Workers Party (PKK) has
been listed as a terrorist Organisation by the Council of the European Union. This list is
updated regularly. The main reasons have been the acts of violence in Turkey and abroad.
Within the European Union Germany has played a vanguard role in criminalizing the PKK. For
over 20 years the PKK and associated organisations have been banned from political
activities. The PKK as an organisation is prosecuted in Germany as foreign terrorist
organisation (§129b StGB, German Criminal Law). Every support for the PKK, in its widest
sense, is also prosecuted.
As a result of such a policy thousands of Kurds in Turkey and the member states of the EU
have been prosecuted. Associated organisations or political parties and Kurdish Newspapers
have been banned, TV stations are closed. The rights of countless Kurds and political
supporters to freedom of expression, freedom of assembly and freedom of the press have
been violated by these measures. Provisions of the law concerning aliens, up to provisions on
deportation of aliens, have been used. The banning of the PKK not only puts into question
the right of residence of ten thousands of Kurds. but it also leads to their criminalisation.
Legal concerns
Democratic and progressive lawyers all over the world have repeatedly protested against the
criminalization of so many Kurds and have demanded the removal of the PKK from the list of
terrorist organisations of the European Union and the lifting of the ban on political activities.
ELDH
European Association of Lawyers for Democracy & World Human Rights
President: Professor Bill Bowring, London | E-Mail: [email protected] | Phone +44 (0)781 048 34 39
Présidente d’honneur: Professeure Monique Chemillier-Gendreau, Paris
Secretary General: Rechtsanwalt Thomas Schmidt, Düsseldorf| E-Mail: [email protected] |
Phone +49 (0)172 68 10 888
Postal address: ELDH | Thomas Schmidt | Platanenstrasse 13 | D
–
40233 Düsseldorf (Germany)
Website: www.eldh.eu
 URU, Alm.del - 2021-22 - Bilag 45: Henvendelse af 3. november 2021 fra Sammenslutningen af Kurdiske Foreninger i Danmark, FEY-KURD, om demonstration mod mistanke om tyrkisk brug af kemiske våben i Syrien og om det britiske parlaments drøftelse af forbuddet mod PKK
The PKK itself has made several attempts – of which only some were successful – to appeal
against prosecutions, which they considered to be unlawful, in Germany and other European
countries. One of the most recent, dated 2
nd
May 2014, was the legal action at the Court of
the European Union, on behalf of the Executive Committee of PKK, taken against the Council
of the European Union. Its objective was to remove the PKK from the EU list of terrorist
organisations.
Furthermore the list of terrorist organisation has met with general legal concerns, amongst
others from the former President of the German Constitutional Court, Hans-Jürgen Papier,
and from the former Special Rapporteur of the Council of Europe, Dick Marty. Those who are
listed are hit by travel and financial restrictions. For the concerned person or organisation the
listing results in the freezing of all bank accounts. At the same time no financial or other
economic resources may be granted to the listed person or organisation.
The listing takes place in a non-transparent procedure which does not allow the persons or
organizations concerned appropriate legal means of defence, such as inspection of files or
the right to be heard. Terrorist listing has not succeeded in achieving any significant
reduction of terrorism and may therefore be considered to be unreasonable and inefficient.
The legal validity of banning decisions by the administration in Germany or other countries,
even as far as these have been confirmed by court decisions, cannot justify an unlimited
stigmatisation of a political organisation. When the concrete circumstances, on which they
were based, are no longer valid, these decisions have to be annulled. The severe violations of
fundamental rights caused by banning decisions have to be re-examined regularly, to make
sure they are still justified.
Legal reassessment necessary
High ranking politicians of the governing coalition in Germany as well of the opposition
parties have to acknowledge that certain promising results in the battle against the advance
of the so called “Islamic State” (IS) in Iraq and in the self-governed Region in Western
Kurdistan/Northern Syria (Rojava), are the result of the unprecedented and courageous
battle of the PKK and its allied forces. Fewer politicians than ever are maintaining their old
stereotypes when assessing PKK.
The necessary conclusions should be drawn from the transition from civil war to peaceful
living together by way of examples such as Northern Ireland or South Africa.
The following circumstances demand a legal reassessment of PKK by the German
government, by the governments of other European countries, as well as by the European
Union:
In June 2014 the Turkish Parliament officially approved the peace negotiations of
Turkish Government and the PKK.
The PKK has already for some time renounced armed combat in favour of pursuing
political objectives and declared a unilateral ceasefire to the Turkish Government.
The PKK no longer demands the separation of the Kurdish territory from Turkey but
now seeks a regional democratic self-governing administration such as has been
established in Western Kurdistan/Northern Syria (Rojava).
The PKK organizes together with other Kurdish forces armed resistance to the forces of
the so called “Islamic State” (IS)
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 URU, Alm.del - 2021-22 - Bilag 45: Henvendelse af 3. november 2021 fra Sammenslutningen af Kurdiske Foreninger i Danmark, FEY-KURD, om demonstration mod mistanke om tyrkisk brug af kemiske våben i Syrien og om det britiske parlaments drøftelse af forbuddet mod PKK
Demands to the European Governments
The supporters of this appeal demand from the German Government as well as from the
governments of the member states of the European Union and other European governments
active support for the peace process in Turkey and in this context in particular:
Entering into a dialogue with the PKK with the objective of its legalization
The lifting of the banning of political activities of PKK and its associated organisations
The end to all sanctions made pursuant to the law concerning aliens against members
and supporters of the PKK and its associated organisations
The PKK must have the possibility to participate without discrimination in political
discussion and the formation of opinion
The PKK must have the chance to have equal access to the media and to run its own
media in the same way as other political organisations
An amnesty for all who have been sentenced only for the membership in PKK and its
associated organisations or for their support.
Demands to the European Union
The supporters of this appeal demand as well from the European Union the active support of
the peace process in Turkey and in this context in particular:
The general abolition of the EU List of terrorist organisations
At least the removal of the PKK from the EU Terror List
Demands to the Turkish Government
The supporters of this appeal demand from the Turkish Government
The constructive continuation of the peace negotiations between the Turkish
Government and the PKK with the objective of an enduring peace and the legalisation
of the PKK
The legalization of the PKK and its associated organisations
The dismissal of all criminal procedures concerning membership of the PKK or in
associated organisations or the support of these organisations
An amnesty for those who have been sentenced for membership in the PKK or its
associated organisations or for their support, including the PKK President Abdullah
Ocalan
The dismissal of all comparable political procedures concerning the freedom of
expression, the freedom of press, the freedom of assembly and of association and the
exercise of the legal duties of the defence lawyers.
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