AMED - Pointing out that guaranteeing the “right to hope” would build trust in the process, Lawyer Rostem Siyahtaş emphasised that Abdullah Öcalan’s physical freedom must be guaranteed under the “right to hope” in accordance with the law and the case law of the European Court of Human Rights (ECHR).
While the European Court of Human Rights (ECHR) ruling on the “right to hope” for Kurdish People’s Leader Abdullah Öcalan has not been implemented for 12 years, it remains unclear how this right will be addressed in the report to be presented by the commission established in Parliament in the context of resolving the Kurdish issue.
Rostem Siyahtaş, a member of the Êlih (Batman) Bar Association Management Board, pointed out that Turkey has not implemented ECHR rulings in recent times and said that the commission's report should prioritise the acceptance of ECHR case law and that this would lead to the implementation of the right to hope.
Siyahtaş stated that the "right to hope" could be ensured either through the implementation of ECHR rulings or by directly regulating this right within a legal framework. He added that implementing the "right to hope" within a legal framework, without the need for ECHR rulings, would be more beneficial for all prisoners.
Siyahtaş emphasised that it is legally and, according to ECHR case law, mandatory to secure the physical freedom of Abdullah Öcalan, who is considered the primary interlocutor in the Peace and Democratic Society Process, within the scope of the "right to hope". Siyahtaş pointed out that steps such as implementing ECHR rulings and withdrawing trustees within the context of the process would foster a culture of reconciliation in society and increase trust in the process.
Siyahtaş noted that it is impossible for the process to become permanent within society without public opinion forming throughout Turkey, adding that everyone has a responsibility in the context of the process. Siyahtaş added that the ruling party, in particular, must take ownership of the process much more seriously, noting that the peace process in Turkey is above ideologies and is a project for the future of the country.
Siyahtaş said: "The ruling party, in particular, and its partners must explain this process to the public in a much more inclusive manner, without setting too many red lines, so that it finds resonance within society. Otherwise, there will be no trust, especially among the Kurdish public."
MA / Rukiye Payiz Adıgüzel - Fethi Balaman