Öcalan's attorney: Turkey is misleading, responsibility lies with the EC

  • actual
  • 11:12 16 November 2021
  • |
img
İSTANBUL - Stating that the "action plan" submitted to the EC Committee of Ministers is far from the violation decision made for Öcalan, lawyer Rezan Sarıca said, "Turkey's membership to the EC may be a matter of discussion if it is determined that it does not act in accordance with the decision."
 
The European Court of Human Rights (ECHR) has ruled that the aggravated life sentence for PKK Leader Abdullah Öcalan, who has been held in İmralı Type F High Security Closed Prison since 15 August 1999, violates the 3rd paragraph of the European Convention on Human Rights (ECHR), which prohibits torture and ill-treatment. Following this decision on March 18, 2014, a violation decision was made for the detainees Hayati Kaytan, Emin Gurban and Civan Boltan on the same issue. Despite the fact that 7 years have passed since the violation decision was made for Öcalan and other prisoners, no action has been taken which mobilized legal and human rights organizations.
 
The Association of Lawyers for Freedom (ÖHD), Society and Legal Studies Foundation (TOHAV), Human Rights Association (İHD) and Human Rights Foundation of Turkey (TİHV) which are members of the Committee of Ministers of Council of Europe (AK BK) which oversees and implements the decisions made by the ECtHR applied to the Committe on July 26. The committee then put the issue on its agenda for the first time and decided to discuss the decision at the meeting to be held between November 30 and December 2.
 
'SPECIAL LAW' FOR IMRALI
 
Turkey made two separate notifications after the Committee brought the issue to the agenda. Turkey claimed in its notifications that there has been no violation in Imrali since 2009. Turkey ignored the findings and suggestions regarding “securing the right to hope” and “legal amendments on the regime of the execution of aggravated life sentence”. Since 2009, Öcalan and other prisoners have been prevented from meeting with their families and lawyers for various reasons.
 
In the notification it presented to the Committee on October 7 with the title "Action Plan", Turkey stated that Öcalan and other prisoners do not have the right to "conditional release" and accepted the "private law" was practiced in Imrali. 
 
Rezan Sarıca, one of the lawyers with the Asrın Law Office, made evaluations to the Mezopotamya Agency (MA) regarding Turkey's notifications and possible decisions to be made by the Committee.
 
TURKEY INSISTS THERE ARE NO VIOLATIONS OF RIGHTS IN IMRALI
 
Stating that Turkey has taken an approach far from the essence of the issue with its notifications, Sarıca spoke about Turkey's insistance that there are no violations of rights in İmralı. Sarıca said: "Turkey's notifications in this direction are not new. It claimed that the decision was fulfilled in its notifications in 2016. Therefore we should once again focus on the ECtHR decision. The main issue is that the life sentence will actually be for life which means they can't get out of the prison unless they are dead. ECtHR says this is torture. It is pointless that Turkey says there is no violation in İmralı."
 
MISLEADING STATEMENTS
 
Stating that Turkey's claims that there are no violations in İmralı is about the visitation rights, Sarıca said: "Turkey's response was about the isolation. However the Committee is more interested in 'life imprisonment', not the isolation part.It monitors this issue in Turkey's legislation. Will it be a development in line with the ECtHR's decision or not? This is what they are observing. Therefore, it will evaluate the notifications submitted by both NGOs and Turkey and monitor whether there are developments in line with the decision. 
 
TURKEY'S PURPOSE
 
Sarıca noted that the persistance of Turkey ignoring the demands made by NGOs, means it will not comply with the decision. Sarıca said: " The 'action plan' presented by Turkey does not bear any indication of the process followed by the Committee. It is not realistic and not applicable. In short, "There is an approach that evades it. Turkey is trying to divert the attention of the Committee with this. It expects the Committee to move away from the decision and display an unlawful approach."
 
RESPONSIBILITY LIES WITH THE COMMITTEE
 
Stating that their main demand from Turkey is to bring the existing law to a level compatible with the ECtHR and human rights, Sarıca emphasized that Turkey should also present a realistic and applicable action plan to the monitoring process. Sarıca said, "The action plan and the answers it has presented so far are not in line with this. We demand that it be made in accordance with the ECHR decision. However, Turkey insists that it will not fix it. We see that it will act against the law, will not recognize the ECHR decision, and will try to mislead the monitoring process of the Committee. If it will not fulfill its obligations, the duty and responsibility in this regard lies with the Committee. And in case the Committee determines that Turkey did not comply with the decision, Turkey's relations with the Committee of Ministers of Council of Europe will be discussed. Turkey has to act in accordance because it is a member. Turkey's membership will be at risk if Turkey insists on not complying with the decision. Other sanctions may also be imposed."
 
 
MA / Gökhan Altay - Mehmet Aslan

View More Articles

16:58 Ayşegül Doğan: It’s not just a dissolution decision, but a new reconstruction process
16:49 First statement from EU: Positive step to achieve peaceful and sustainable solution
16:43 Protest in Riha demands release of ill prisoners
16:29 Selahattin Demirtaş: Time to work together with sincerity
15:50 No excuse left not to build a democratic Turkey says Tuncer Bakırhan
15:44 Amed Bar Association Chair Güleç: Legal steps must be taken to build democratic ground
15:01 ASELSAN shares plummet following PKK statement
14:19 PUK Spokesperson: A positive step
13:56 Nechirvan Barzani: Historic decision that will open door to a new era
13:52 Parliament must step in says Pervin Buldan after historic decision of PKK
13:33 Historic decision of PKK makes global headlines
13:20 Chief Advisor to President Erdoğan: Comprehensive reforms to be implemented
12:42 AKP Deputy Chair Ala: Mechanisms will be operated as required
12:04 Details of the PKK Congress: Not an end, but a new beginning
11:57 Kaytan and Altun to be commemorated
11:29 PKK commemorates Sırrı Süreyya Önder
11:28 PKK Congress dedicated to Ali Haydar Kaytan and Rıza Altun
09:51 'The most critical step in the process is granting Kurdish a legal status'
09:03 Historic decision from the PKK: Activities under the PKK name have ended
11/05/2025
16:00 Democratic Unity Initiative: We set out to contribute to a democratic solution
15:30 DAD Co-chair Kadriye Doğan: Call of Öcalan is a hope for the Middle East
14:24 Release of 91 per cent disabled prisoner postponed for 5 more years
11:41 Physical freedom of Öcalan must be secured for process to progress says Cahit Kırkazak
10:13 Heval Dilbahar: If peace is to come, we must first make peace with Kurdish
08:53 ‘Mustafa Mesut Tekik dedicated his life to peace and living with dignity’
09/05/2025
16:04 Statement from DEM Party on PKK Congress: A historic turning point
14:44 Seven students detained in Amed
13:04 PKK: 12th Congress successfully held
12:53 DEM Party Spokesperson: It is a matter of time before PKK announces it has convened its congress
10:59 Families applies to go to İmralı
10:53 Sırrı fought for confronting the truth says Dicle Anter
10:05 "The right to hope regulation undoubtedly a step that must be taken"
09:50 Scale of deforestation in Gabar revealed by new footage
09:16 90 ill prisoners in Antalya prisons: They must release
09:14 Relatives of prisoners: We are waiting for both peace and what Abdullah Öcalan will say
08/05/2025
16:03 Penalty to 9 women prisoners
15:40 Attack on prisoners on way to hospital
15:12 A challenging process lies ahead says Tayyip Erdoğan
14:35 Warisha Moradi still denied access to medical treatment
13:50 Mother of ill prisoner Ayık: Ill prisoners must be released for peace
12:36 Statement from DEM Party regarding assassination allegations against Önder
12:34 Lawyers applies to meet with Abdullah Öcalan
12:23 ISIS attacks on Deir ez-Zor continue
12:06 'Those who attended Sırrı’s funeral pledged to fight for peace'
11:19 Release delayed after 30 years: I won’t accept regret, even if I die
10:30 23 thousand 369 attacks despite ceasefire
09:51 They go house to house to tell call of Abdullah Öcalan
09:21 Reaction to Constitutional Court’s decision: We will not submit to this regulation
09:11 Airstrike on Amedi Region
09:08 X account of Imamoğlu blocked