EU’s report on Turkey: tramping over rule of law at home, provocation of Greece, Cyprus

By George Gilson

The EU’s 2022 report on candidate country Turkey describes a country where the rule of law has collapsed and that has provoked its neighbours and EU member-states Greece and Cyprus to various degrees on various levels.

Turkey an authoritarian regime, power concentrated in presidency

The report describes a clearly authoritarian regime, in which nearly all powers are concentrated in the presidency and the separation of powers have been trampled over as the judiciary is subjected to strong pressures and interventions from the executive, under President Recep Tayyip Erdogan.

The report indicates that the Parliament lacks the power to exercise any substantial checks on the executive, so there is clearly very little effective parliamentary review.

The report clearly reflects the deep problems in adjusting to European standards in a variety of areas that have led Turkey’s EU accession talks to a standstill.

Erdogan appeared to want to jumpstart the talks in statements at the recent European Political Community summit in Prague, where he appeared to link progress in accession talks with opening bilateral negotiations with Greece, even though he has ruled them out repeatedly in his persistent attacks against Athens and his refusal to meet with Prime Minister Kyriakos Mitsotakis.

‘Serious deficiencies’ regarding rule of law

The report begins with sweeping criticism of the fact that Turkeys’ record as regards democratic institutions has worsened in the last year, which clearly paints a picture of a state not operating under the rule of law.

“There are serious deficiencies in the functioning of Türkiye’s democratic institutions. During the reporting period, democratic backsliding continued. Structural deficiencies in the presidential system remained in place. Key recommendations from the Council of Europe and its bodies have yet to be addressed. Parliament continued to lack the necessary means to hold the government accountable. The constitutional architecture continued to centralise powers at the level of the Presidency without ensuring the sound and effective separation of powers between the executive, legislative and the judiciary,” the report began

“In the absence of an effective checks and balances mechanism, the democratic accountability of the executive branch continues to be limited to elections,” the report underlined.

Major provocations of Republic of Cyprus

The Chapter on Good Neighbourly Relations and Regional Cooperation underlines many provocations by Turkey of both Cyprus and Greece.

It also stresses the further militarisation of the Turkish-occupied part of the island and the provocation of opening the ghost city of Varosha, in violation of UN Security Council resolutions.

“In October 2021 and January 2022, Turkish warships obstructed the survey activity in the Cypriot Exclusive Economic Zone (EEZ). Throughout the reporting period, Türkiye issued many Navigational Telexes (NAVTEX) for conducting seismic surveys and scientific research activities in areas encompassing parts of the Cypriot EEZ. Türkiye’s military exercises in the maritime zones of Cyprus continued. Violations 78 by Turkish military aircrafts and unmanned aerial vehicles in the Nicosia flight information region and the national airspace of the Republic of Cyprus also continued unabated. The Ercan (Tymbou) airport, which is not recognised by the International Civil Aviation Organisation (ICAO), was designated as a domestic Turkish airport in June 2022. Türkiye continued to increase the militarisation of the occupied area by upgrading the military drone base in Lefkoniko and the naval base in Bogazi. The harassment of Cypriot fishing vessels by Türkiye also continued, report stated.

Two-state solution violates host of UN Security Council resolutions

The 2022 report underlines the EU’s commitment to resolving the Cyprus Problem with the evolution of the Republic of Cyprus into a single state that would be a bi-zonal, bi-communal federation, as called for in UNSC resolutions, but notes Ankara’s insistence on a two-state solution.

“The EU remains fully committed to the comprehensive settlement of the Cyprus problem on the basis of a bicommunal, bizonal federation with political equality, in accordance with the relevant UN Security Council Resolutions and in line with the EU acquis and the principles on which the EU is founded. The European Union would continue to play an active role in supporting the process. However, Türkiye repeatedly advocated for a two-state solution in Cyprus, contrary to relevant UN Security Council Resolutions.”

Turkey’s opening of Varosha major provocation, limits settlement prospects

Ankara’s illegal opening of part of the ghost city of Varosha, once a major international tourist resort, is perhaps the greatest provocation since the 1974 invasion and occupation of the island, as in talks since the 1970’s a solution would have included a return of Varosha to its Greek residents.

“Despite international condemnations, and the inadmissibility of the settlement of any parts of Varosha by people other than its inhabitants as stipulated in UNSC resolution 550 (1984), Türkiye continued with its plan to open the entire fenced-off area of Varosha, creating a new fait accompli on the ground. To that end, within the fenced-off area, roadworks and construction works continued along the line of the entire beachfront as well as the setting up of a camera surveillance system. A new section was also opened within the beachfront of the fenced-off area of Varosha. Following renovation works, the Bilal Aga Mosque, the Pertev Paşa Mausoleum and the Cypriot National Garden were opened. New barriers and checkpoints for access control were installed and the Turkish military took up a defensive military posture in the area. During the reporting period, additional restrictions were imposed on the activities of the United Nations peacekeeping force in Cyprus (UNFICYP) within the fenced-off area of Varosha, challenging UNFICYP’s ability to exercise its tasks in accordance with its mandate and in violation of UNSC Resolution 789 (1992). These developments continued to undermine the prospect of resuming negotiations and reaching a comprehensive settlement of the Cyprus problem,” the report said.

EU slams Turkey’s threats of war  against Greece, Ankara’s shutting door on talks

The EU’s 2022 Turkey Report also calls on Ankara to respect the territorial integrity of Greece and Cyprus, recalling the conclusions of the conclusions and related statement issued by the March, 2021, EU summit.

“In its conclusions of June 2022, the European Council expressed deep concern about recent repeated actions and statements by Türkiye. Türkiye must respect the sovereignty and territorial integrity of all EU Member States. Recalling its previous conclusions and the statement of 25 March 2021, the European Council expected Türkiye to fully respect international law, to de-escalate tensions in the interest of regional stability in the Eastern Mediterranean, and to promote good neighbourly relations in a sustainable way,” the report stressed.

EU calls for resumption of Greek-Turkish exploratory talks

Noting the de-escalation after summer, 2020, when Greece and Turkey came close to a naval confrontation in the Mediterranean, with exploratory talks in February, 2022 – “providing a valuable channel of communication between the sides to find common ground for the start of negotiations on the delimitation of the continental shelf” – the report blames Erdogan for refusing to hold talks with Greek PM Kyriakos Mitsotakis, and also rejecting other high-level talks.

‘Direct talks’ continuation matter of priority’, ‘casus belli’ should be lifted

The EU report stressed the pressing need for the resumption of bilateral talks along with a cessation of Turkey’s threat of war if Greece under international law extends its territorial waters in the Aegean.

“The Greek Prime Minister and Turkish President met on 13 March 2022 in Istanbul and agreed to build a positive agenda. However, the Turkish President has refused to hold talks with the Greek Prime Minister as of 23 May 2022 and has stated that the Greek-Turkish High Level Cooperation Council scheduled for autumn 2022 would not take place,” the report stated.

Turkish violations of territorial waters, airspace of Greece, Cyprus, ‘casus belli’

“The possible extension of Greek territorial waters to 12 nautical miles in the Aegean Sea under Article 3 of the United Nations Convention on the Law of the Sea continued to weigh on Greece-Türkiye relations, as the 1995 declaration of the Turkish Grand National Assembly, that any unilateral action by Greece to extend its territorial waters would be considered casus belli, still holds,” it underlined.

Massive and repeated violations of Greek airspace

“Greece and Cyprus continued to report on Türkiye’s militarisation and repeated violations of their territorial waters and airspace. Relations with Greece deteriorated as of April 2022, following massive and repeated violations of Greek airspace by Turkish fighter jets and unmanned aerial vehicles in the Aegean, including a large number of flights over inhabited areas, as well as threatening Turkish statements regarding the sovereignty of Greek islands.