The ECHR ruled in 2014 that holding a person in prison for life without the possibility of release violates the ban on torture and ill-treatment under the European Convention on Human Rights. 

 

The court found a violation of the “right to hope” in Öcalan’s case. Twelve years later, Turkey has not enacted the legal reforms requested by the court to remedy the violation. The issue has recently entered parliamentary debate as part of the Peace and Democratic Society Process, though it remains unclear whether a legislative proposal addressing the “right to hope” will be included in an upcoming commission report.

 

Justice Minister Yılmaz Tunç recently stated that there is no legal regulation shaping the “right to hope,” a comment seen as weakening the likelihood of near-term reform. Speaking to Mezopotamya Agency (MA), Kanar argued that no special legal arrangement is required for Öcalan and called for the immediate implementation of the ECHR ruling. He also urged that remarks by Devlet Bahçeli should not remain rhetorical and that Öcalan’s physical freedom should be ensured without delay.

 

Kanar described the “right to hope” as a prisoner’s right to know there is a possibility of eventual release, which in turn requires the abolition of life imprisonment without parole. He noted that such sentences have been abolished in countries including Norway, Spain, Portugal, Bosnia and Herzegovina, and Serbia. In those countries, he said, every prisoner’s right to hope for freedom is legally guaranteed. He added that constitutional courts in Germany and Italy have also emphasized this right, as has the ECHR in numerous decisions.

 

MANDELA RULES 

 

Referring to international standards, Kanar highlighted the United Nations’ minimum rules for the treatment of prisoners—known since 2015 as the United Nations “Mandela Rules,” named after Nelson Mandela in recognition of his struggle against harsh prison conditions.

 

He summarized several provisions, including requirements that sentences respect human dignity, prohibit discriminatory enforcement, minimize differences between prison life and free life, ban indefinite or prolonged solitary confinement beyond 15 days, ensure prisoners are held near their homes, and protect access to family members and lawyers.

 

‘BAN ON CONDITIONAL RELEASE MUST BE LIFTED’

 

Addressing how to enable the “right to hope,” Kanar said the ECHR decision makes its application possible for Öcalan, but broader legal reform is needed for others serving aggravated life sentences without parole. Under current legislation, he noted, those convicted of crimes against the state, national security, or the constitutional order are barred from conditional release. “For that reason, the prohibition on conditional release must be removed,” he said.

 

‘RIGHT TO HOPE DOES NOT MEAN AUTOMATIC RELEASE’

 

Kanar recalled that ECHR rulings require sentences to be reviewed after 25 years, while recommendations by the Council of Europe’s Committee of Ministers suggest a more favorable approach, calling for reviews after eight to 14 years. He stressed that the right to hope does not automatically guarantee release; conditions such as refraining from new offenses and complying with prison regulations must be met before a sentence review is considered.

 

‘COMPLIANCE WITH THE ECHR IS SUFFICIENT’

 

Kanar argued that the absence of concrete steps toward recognizing the right to hope reflects shortcomings in Turkey’s democratic and legal framework. “The justice minister said there is no legal regulation guiding the right to hope. However, no special legal arrangement is necessary for Abdullah Öcalan. The ECHR’s 2014 ruling is very clear, so compliance with it would be sufficient for him to regain his freedom,” he said.

 

According to Justice Ministry data, around 4,000 people in Turkey are serving aggravated life sentences without parole. If conditions were met, Kanar said, both these prisoners and their families could experience relief, potentially easing tensions in society.

 

‘OPPOSITION SHOULD DEFEND THE RIGHT TO HOPE’

 

Kanar criticized the ruling bloc for failing to act and said the opposition has also erred by not raising its voice. He called on opposition parties—especially the main opposition Republican People's Party (CHP)—to advocate for extending the right to hope to all prisoners serving aggravated life sentences.

 

He added that while recognizing the right could contribute to addressing the Kurdish issue, it would not resolve it on its own. Steps such as releasing Kurdish prisoners with life sentences, recognizing education in the mother tongue, lifting restrictions on Kurds, and implementing regional autonomy with locally elected administrators would also be necessary.

 

‘BAHÇELI’S WORDS SHOULD NOT REMAIN EMPTY’

 

Kanar also rejected what he described as a perception promoted by some political and media circles that Öcalan does not wish to leave prison. He said Öcalan recently emphasized his desire to leave İmralı Prison.

 

Drawing a comparison with Mandela, Kanar argued that Öcalan should be granted similar rights, released from prison, provided a residence near his family, and allowed to meet freely with politicians, journalists, and foreign visitors. He concluded: “For this reason, without delay and before Devlet Bahçeli’s words remain unfulfilled, Abdullah Öcalan must be released immediately in line with ECHR decisions.”