Turkey 'violating' the ruling for 10 years

2024-09-12 10:10:48


	 

	ISTANBUL - Turkey has ignored the European Court of Human Rights's “violation” judgment on Abdullah Öcalan for 10 years and has not taken any steps other than submitting an “action plan”. The Committee of Ministers of the Council of Europe has put the issue back on its agenda following the initiatives of rights and legal organizations.  

	  

	PKK leader Abdullah Öcalan was brought to Turkey on February 15, 1999 in an international conspiracy. Abdullah Öcalan was sentenced to death on June 29, 1999. Following discussions on the abolition of the death penalty, the relevant articles were amended. The death penalty was abolished in 2001 for “crimes other than those committed under threat of war and terrorist crimes” and on August 3, 2002 for “crimes other than those committed under threat of war and imminent threat of war”. 

	 

	On May 7, 2004, with the amendment dated May 7, 2004 and numbered 5170, the articles on the death penalty were removed from the Constitution. On July 14, 2004, with Law No. 5218, articles on the death penalty were removed from the Turkish Penal Code. Thus, the death penalty was completely abolished from Turkey's domestic law. 

	 

	EU PROCESS AND APPLICATION TO COURT HAD AN IMPACT

	 

	The abolition of the death penalty was influenced by both the European Union (EU) membership process that started in 2001 and the applications made by Abdullah Öcalan's lawyers to the European Court of Human Rights. After the Court of Cassation upheld Abdullah Öcalan's death sentence, Asrin Law Office appealed the decision to the European Court of Human Rights. The Court issued a stay of execution on November 21, 2000 and found Abdullah Öcalan's application admissible on December 14, 2000. While the case was pending, the death penalty was abolished in Turkey.

	 

	'ÖCALAN' DECISION OF THE COURT

	 

	On May 12, 2005, the Grand Chamber of the European Court of Human Rights, in its final judgment “Turkey v. Öcalan”, ruled that the trial of Abdullah Öcalan was unfair and requested a retrial. However, Turkey refused to retry Abdullah Öcalan. 

	  

	EXECUTION LAW AMENDED

	 

	Until 2002, it was not possible in Turkey to keep a prisoner in prison for life without the right to parole. However, after the sentence given to Abdullah Öcalan, “life imprisonment” became part of Turkey's execution practice. In subsequent processes, some articles including this practice were included in the Anti-Terror Law (TMK). 

	 

	Asrin Law Office applied to the European Court of Human Rights against this sentence, which eliminated the hope of Abdullah Öcalan's release. In 2014, the Court ruled in a decision called “Öcalan 2” that the aggravated life imprisonment of Abdullah Öcalan violated Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and ill-treatment. It also stated that the prohibition of parole was a violation of the “right to hope”.

	 

	COMMITTEE CONSIDERS THE CASE FOR THE FIRST TIME

	 

	The Committee of Ministers of the Council of Europe, which is responsible for monitoring the implementation of European Court of Human Rights judgments, took up the “violation” judgment for the first time in 2015. Turkey submitted an “Action Plan” to the committee on July 24, 2015. In the action plan, it was claimed that the European Court of Human Rights judgment had been sent to all courts with its translation and that the judgment had been enforced. However, in practice, the European Court of Human Rights judgment was not implemented.

	 

	LAWYERS' SUBMISSIONS TO THE COMMITTEE

	 

	After 2015, there have been many applications regarding the “violation” decision. Abdullah Öcalan's lawyers first applied to the Committee of Ministers on the “right to hope” on June 6, 2016. Subsequently, applications were made on October 12, 2017, February 2, 2018, January 28, 2019, August 9, 2022 and January 26, 2023 respectively. In all 6 applications, Abdullah Öcalan's “right to hope” was demanded and Turkey was requested to take the necessary steps.

	  

	FIRST APPLICATION FROM NGOS

	 

	Civil society organizations also applied to the committee on the “right to hope” for the first time on 26 July 2021. In the application made by the Association of Lawyers for Freedom (ÖHD), the Human Rights Association (İHD), the Society and Law Research Foundation (TOHAV) and the Human Rights Foundation of Turkey (TİHV), it was requested that the committee urgently put the “violation” decision on its agenda. 

	 

	'NO VIOLATION' RESPONSE FROM TURKEY

	 

	On 7 September 2021, Turkey responded to the Committee of Ministers upon the application of rights and legal organizations. In its response, Turkey claimed that there have been no violations in İmralı since 2009. Turkey ignored the findings and recommendations for legal amendments on aggravated life imprisonment. Turkey maintained this claim in its submissions to the committee on different dates. 

	 

	ADMITTED THAT ÖCALAN IS 'IMMUNE'

	 

	On October 7, 2021, Turkey submitted the second “Action Plan” to the committee, which it had submitted in 2015. Turkey defended its claims in its submissions. Claiming that there have been no “violations” in İmralı since 2009, Turkey ignored the findings and recommendations on “securing the right to hope” and “legal amendments on the regime of execution of aggravated life sentences”. It also recognized that Abdullah Öcalan was “immune” from the “right to hope”. Turkey defended its previous claims in its action plans submitted in December 2022 and July 2024. 

	 

	RESPONSE FROM NGOS TO TURKEY

	 

	On 12 October 2021, the applicant non-governmental organizations submitted a communication to the Committee against Turkey's “no violation” response dated 7 September 2021. In the notification, it was emphasized that the allegations were misleading and that the isolation continued.  

	 

	TURKEY WAS GIVEN A DEADLINE

	 

	The Committee put the “right to hope” on its agenda between 30 November and 2 December 2021, after 6 years, upon the application of rights and legal organizations. Announcing its decision in December, the Committee called on Turkey to adopt the necessary measures without further delay. It also requested the Turkish authorities to provide information on the progress made in implementing the general measures no later than the end of September 2022. 

	 

	TO BE RECONSIDERED AFTER 3 YEARS

	 

	After 3 years, the Committee announced that it will put the “right to hope” on its agenda at its meeting on September 17-19, 2024.

	 

	NEW APPLICATION FROM NON-GOVERNMENTAL ORGANIZATIONS

	 

	ÖHD, TİHV, İHD, TOHAV, Civil Society Association in the Penal System (CİSST) and Contemporary Lawyers Association (ÇHD) submitted a new submission to the committee on July 31 in response to the decision. In the notification, they requested a call for “necessary legislative changes to be made”. 

	 

	MA / Diren Yurtsever