ISTANBUL – Serhat Cakmak, Co-Chair of the Association of Lawyers for Freedom (OHD), stated that applying the "right to hope" to Abdullah Öcalan is essential given his role in the ongoing peace process.

 

Following Abdullah Öcalan’s “Call for Peace and Democratic Society” the resolution process regarding Kurdish issue gained momentum. The PKK subsequently announced its dissolution during its 12th Congress. Öcalan, in turn, conveyed a proposal for a new “social contract based on the law of fraternity” during a visit from the İmralı Delegation. While the state expressed “satisfaction”, no concrete steps have yet been taken to advance the process.

 

LEGAL FRAMEWORK FOR THE PROCESS

 

Cakmak emphasized the significance of enacting a legal framework to protect those involved in the peace process. Reflecting on past experiences, he pointed out that those engaging in the process often faced prosecution or political backlash. He called attention to humanitarian issues like seriously ill prisoners who remain behind bars due to bureaucratic barriers. “These issues are not directly tied to the peace process, but a democratization effort must encompass their resolution as well,” he said. 

 

He criticized the delay in the conditional release of many prisoners, noting that despite Justice Minister’s promises, release dates continue to be obstructed by Administrative and Observation Boards (IGK).

 

‘RIGHT TO HOPE’ MUST BE APPLIED

 

Cakmak highlighted a ruling by the European Court of Human Rights regarding Öcalan’s right to hope and stressed the need for legislative reform to allow its application. “Though we know the resistance to this right stems from Abdullah Öcalan’s case, there are thousands of other inmates who would benefit from such a law,” he said. “Given his position and role, the right to hope must be applied to Abdullah Öcalan. An amendment to the Penal Execution Law would suffice.”

 

Referring to Öcalan’s message about “the law of fraternity”, Cakmak described it as a concept grounded not in cultural or traditional notions of kinship, but in a legal framework built on constitutional equality and fundamental rights. He underscored its significance for building an inclusive and democratic society.

 

WITHOUT CONSTITUTIONAL REFORM, ISOLATION CONTINUES

 

Interpreting Öcalan’s message about a “new contract” as a call for a new constitution, Cakmak said the current legal system maintains exclusion. He criticized the paradox of Kurdish being accepted on state TV yet silenced in Parliament. “This reflects the enduring mindset of the nation-state,” he stated, calling for equal citizenship as the foundation for a democratic republic.

 

“Over the past century, we’ve experienced the constitutional exclusion of one group, and through them, many others. This has created a century of constitutional loneliness for marginalized citizens,” he added.

 

‘POLITICAL PARTIES MUST OWN THE ISSUE’

 

Supporting MHP Chair Devlet Bahçeli’s call for a parliamentary commission, Cakmak continued, “Peace requires societal consensus, and that consensus is only possible with inclusive dialogue. All political parties must take ownership of this issue to communicate it effectively to their constituencies.”

 

MA / Omer Ibrahimoglu