Disciplinary punishment given to Öcalan to be brought before Constitutional Court 

2022-04-12 16:21:45


	 

	İSTANBUL - Asrın Law Office's objection to the disciplinary punishment given to their client, PKK Leader Abdullah Öcalan, was rejected on the grounds that it was due process of law and legal. Lawyers will take the decision to the Constitutional Court.

	 

	The application made by Asrın Law Office to Bursa Execution Judge against the 3-month family visit ban, which was given to PKK Leader Abdullah Öcalan on 28 March, who is being held under severe isolation conditions in İmralı Type F High Security Prison which was finalized by the Imrali Disciplinary Board Presidency was rejected by the Bursa High Criminal Court.

	 

	Despite the fact that the family visit ban, which was given in August 2021, ended on November 18, 2021, the lawyers applied to the Bursa Execution Judge once again on 28 March, because no response was given to the families' applications to Bursa Chief Public Prosecutor's Office. Responding to the application, in which lawyers demanded the removal of all unlawful obstacles to family visits, the judgeship rejected this application on the grounds that it was a new disciplinary punishment.

	 

	Responding to the lawyers' application on 29 March, the judge's office said the following in its refusal decision, "The request was rejected on the grounds that the Imralı Disciplinary Board Presidency gave a ban decision for family visits for 3 months as a disciplinary penalty on February 3, 2022 and it was finalized on February 21."

	 

	OBJECTION TO THE DECISION

	 

	Following the refusal, the lawyers of Asrın Law Office appealed to the Bursa Heavy Penal Court on April 1 against the rejection decision of the Execution Judge. The lawyers also applied to the Court of Execution for the abolition of the disciplinary penalty and for a copy of this disciplinary file to be given to the parties.

	 

	COURT CLAIMS THE DECISION IS LEGAL

	 

	Bursa High Criminal Court responded to the objections of the lawyers on April 4. In the decision, which was notified to the lawyers on April 8, Bursa High Criminal Court decided to reject the objection of the lawyers on the grounds that there was no procedural and illegal aspect in the decision of the Execution Judge.

	 

	THE REJECTION TO BE BROUGH BEFORE THE CONSTITUTIONAL COURT  

	 

	Lawyers of Asrın Law Office will take this decision of Bursa Heavy Penal Court regarding the prevention of family meetings to the Constitutional Court (AYM). On the other hand, the Bursa Execution Judge also rejected the lawyers' application on April 4, requesting that the disciplinary punishment be lifted and a copy of the file be given. The judgeship refused the lawyers' request for a copy of the file and the lifting of the disciplinary sanction, arguing that public safety would be endangered. In the rejection decision, the judge also argued that the abolition of the disciplinary penalty would not not be possible, and claimed that the parties (the clients on Imralı Island) were notified of the penalty and that no objection was made.

	 

	OBJECTION TO THE HIGH CRIMINAL COURT

	 

	The lawyers appealed to the Bursa High Criminal Court after the Execution Judge's requests for the abolition of the disciplinary penalty and for a copy of the file to be given. In their appeal, the lawyers stated that they were aware of the new disciplinary decision made on February 3 only when they applied to the Court of Execution on March 29. In the petition, it was reminded that the families applied for 8 times for a visit to the Bursa Chief Public Prosecutor's Office and the Imralı Prison Directorate during the period when the disciplinary punishment process was carried out and continued, but the reason for the disciplinary punishment was not conveyed to the families in the applications.

	 

	UNLAWFUL AND ARBITRARY PUNISHMENTS

	 

	In the appeal, the lawyers also stated that until 2018, the reasons why the applications made to the Imrali Type F High Security Prison would not be made were informed first by telephone and then by court decisions. In the appeal, which pointed out that the meetings were blocked unlawfully and arbitrarily after 2018, the applications made to prevent lawyers from participating in the disciplinary action appeal processes were not responded to. In the appeal, it was underlined that this was intentional, and the answers previously presented by the prison were also included.

	 

	VIOLATION OF THE RIGHT OF DEFENSE

	 

	In the application, it was reminded that the prevention for the lawyers to participate in the appeal process of the disciplinary punishments given to their clients is a violation of the right to a fair trial and defense, it was emphasized that the lawyers did not have any information about the disciplinary punishments, the decision was unclear and it lacked legality criteria.

	 

	CPT REPORTS WERE MENTIONED

	 

	In the application, it was also pointed out that the issues that the European Committee for the Prevention of Torture (CPT) had previously included in its reports regarding Imrali, stated that the systematic practice of disciplinary punishments was a violation of the prohibition of torture. The lawyers demanded the Bursa Heavy Penal Court to cancel this decision, stating that the decision of the Execution Judge to be cancelled and the copy of the file to be shared with them and that the penalty for ban on visitors is unfair and unlawful. 

	 

	 

	MA / Diren Yurtsever