NEWS CENTER - Stating that the Council of Europe's position on the "right to hope" is weak, EUTCC President Kariane Westrheim said, "This time the Committee of Ministers needs to put pressure on Turkey to implement possible measures. " 

 

The third day of the Human Rights Meeting of the Committee of Ministers of the Council of Europe (CoMEC), which took place on 15-17 September, assessed whether Turkey has taken steps to ensure the "right to hope" of Kurdish People's Leader Abdullah Öcalan, Hayati Kaytan, Civan Boltan and Emin Gurban. 

 

The EU Turkey Civic Commission (EUTCC) sent a letter on 9 September to the CEC, the ECJ, the EC country representatives, the Committee for the Prevention of Torture (CPT) and its permanent representatives regarding the "right to hope" decision.

 

The letter, signed by Prof. Kariane Westrheim, Chair of the European Union Civil Commission for Turkey (EUTCC), reminded the Committee of the latest action plan submitted by Turkey and the position that Kurdish People's Leader Abdullah Öcalan and other prisoners are exempted from the "right to hope". Kariane Westrheim called on Turkey to take action to implement the judgement. 

 

Kariane Westrheim commented on the meeting of the Committee to Mezopotamya Agency (MA). 

 

Kariane Westrheim stated that there will be some sanctions in case Turkey does not implement the decision of the committee and that the Committee can apply the infringement procedure by sending the decision back to the court. "The infringement procedure refers to a process in which the European Commission first sends a formal notification letter to member states to ensure that they implement EU (European Union) law correctly, and then gives a reasoned opinion if the violation continues. If a Member State, for example Turkey, still fails to comply with this decision, the Commission can refer the case to a court, for example the Court of Justice of the EU, which can impose financial penalties." 

 

'WE SEE LITTLE ACTION FROM THE COMMITTEE' 

 

Kariane Westrheim noted that it was very important for the Committee this time to set clear deadlines for Turkey to take specific steps, such as amending the law on aggravated life imprisonment to include "conditional" release or judicial review, or making some specific changes to the law. Kariane Westrheim said: "So far, however, we have seen little action and very weak language from the Committee. The Committee of Ministers must be willing to put power behind demands and show political strength. A stronger diplomatic language calling on Turkey to take action could be used."  

 

'THE ACCESSION PROCESS COULD COME TO A COMPLETE HALT'

 

Kariane Westrheim also referred to the far-reaching consequences of Turkey's non-compliance with the committee's recommendations: "There could be political consequences, such as Turkey losing its voting rights or, even more serious, losing its membership of the Council of Europe. We can state that Turkey's failure to comply with the court judgement in 2014 shows that Turkey is not a rule of law. Turkey may have serious problems in its relations with the EU, both economically and in terms of political and diplomatic negotiations. The EU-Turkey accession process could also come to a complete standstill." 

 

'MAKING A CALL IS NOT ENOUGH'

 

Kariane Westrheim stated that the position of the Committee of Ministers is weak at this stage and said: "Why do we need a Committee of Ministers if they are not strong? It is not enough just to call on Turkey to comply with the judgement of the European Court of Human Rights or the recommendation made by the Committee of Ministers a year ago. This time the Committee needs to put pressure on Turkey to implement possible measures. In the action plan submitted to the Committee on 27 June, Turkey reminded that prisoners sentenced to aggravated life imprisonment cannot benefit from the 'right to hope'. There is a possibility that the Committee's interim decision will again not be implemented. Even if Turkey promises to change the law, we know that implementation will take time, both through the courts, the prison administration, the review mechanisms and the many other bodies involved in such processes. There will also be legal challenges and political resistance. Maybe many people will oppose this and try to stop the process in some way." 

 

'THE ROLE OF ÖCALAN IS INDISPUTABLE'

 

Kariane Westrheim stated that the sanctioning power of the Committee is limited and said: "In this process, as now, we need urgent action. Because the PKK and the guerrillas have done what they could. Turkey's steps towards the process are very weak. Mr Öcalan's role in this process is indisputable, given his calls, his different calls for the dissolution and disarmament of the PKK, and the sensitivity of both the PKK and the defence forces on this issue. Mr Öcalan's calls came in response to the authorities' first attempt at dialogue. Therefore, for a future process to become a reality, Mr Öcalan must have free conditions. At this point, the realisation of the right to hope gains great importance."  

 

RADICAL CHANGES

 

Kariane Westrheim stated that Turkey often talks about dialogue and brotherhood, but at the moment it remains silent and acts in contradiction with its statements and said: "A commission is currently working to determine principles for the next process. We will see what will come out of their recommendations. The Kurds want a peaceful solution. Only if there are radical changes in the policy approach of Erdoğan and the AKP-MHP, and if the right to hope is recognised, can Mr Erdoğan also contribute to this." 

 

'WE MUST CONTINUE THE STRUGGLE'

 

Kariane Westrheim said that since they were not present at the meeting of the committee, they did not know which members stood for or against the interim resolution, and added: "There are many initiatives around the world. You see the initiatives of 88 Nobel laureates; they are calling on the European Union, the Committee of Ministers, the Council of Europe, Erdoğan himself. But so far there has been no response from the Turkish state. I think the only thing we can do is to continue the struggle without giving up. Who knows, maybe something will happen in the near future or in the far future. And I hope this will be in favour of the Kurdish people." 

 

MA / Hîvda Çelebi