The European Court of Human Rights ruled on 18 March 2014 that PKK Leader Abdullah Öcalan, who is held in isolation in İmralı Type F High Security Closed Prison, was sentenced to aggravated life imprisonment without the right to conditional release (right to hope). Turkey has not taken any steps 10 years after the judgement.

 

The Committee of Ministers of the Council of Europe, which oversees the implementation of the The European Court of Human Rights' judgments, put the "right to hope" on its agenda at its meeting on 17-19 September and gave Turkey until 25 September 2025. The Committee asked Turkey to make legal arrangements within this period.

 

Zeynep Karayılan, Secretary of the Amed (Diyarbakır) Branch of the Association of Lawyers for Freedom (ÖHD), spoke about the "right to hope", which covers Abdullah Öcalan and hundreds of prisoners sentenced to aggravated life imprisonment.

 

DECISIONS OF THE COMMITTEE

 

Zeynep Karayılan pointed out that a regulation made in 2002 prevented prisoners sentenced to life imprisonment from benefiting from the right to parole. Zeynep Karayılan reminded that the The Court had issued a "violation" verdict on this issue and said: "In other words, it ruled that Turkey had violated the prohibition of torture. Later on, in the judgements of Hayati Kaytan, Emin Gurban and Civan Boltan, the Court also ruled violations against Turkey."

 

Zeynep Karayılan stated that the Court recommended the establishment of an institution that reviews the aggravated life imprisonment sentence at certain intervals at the latest 25 years after it is imposed and said that as an association they are closely following the process. Zeynep Karayılan pointed out that they made a written notification to the Committee of Ministers within the scope of the process of supervising the fulfilment of the decisions and said: "The Committee took these decisions to the agenda in September, expressed deep concern that no progress has been made in this regard and invited the necessary measures to be taken. It also invited to provide information on the number of detainees sentenced to life imprisonment. The Committee instructed the Secretariat to draft an interim resolution if no concrete progress had been made that would allow for a positive assessment by September 2025."

 

WHAT HAPPENS IF THE JUDGEMENT IS NOT IMPLEMENTED?

 

Emphasising that the the Court judgments are binding for the member states of the Council of Europe, "If a judgment is not implemented, the Committee of Ministers monitors the process and this may cause controversy both on international platforms and in domestic politics. The sanctions of the Committee of Ministers are usually gradually aggravated, starting with diplomatic pressure. Failure to comply with decisions can have serious consequences for the international reputation of the state. It can lead to exclusion from the Council of Europe. Under normal circumstances, non-compliance with the Court judgements may lead to legal and political pressures on states in the short term, but may have serious international consequences in the long term," Zeynep Karayılan said.

 

CALL FOR STRUGGLE

 

Zeynep Karayılan pointed out that Abdullah Öcalan and political prisoners are held under severe isolation conditions and said that this isolation is further aggravated with the newly opened type Y and S prisons, "These types of prisons are places where the prisoner has zero contact with people and nature. Prisoners are placed in these types of prisons regardless of whether they are detainees or convicts, or whether their sentence is for a term or for life. Ill prisoners are not released, prisoners are given solitary confinement on various grounds," she said. 

 

Abdullah Öcalan had a family visit after 43 months but the isolation still continues, recent 6-month ban on lawyer visits also confirms the isolation said Zeynep Karayılan and added: "These decisions have no legal basis. While on the one hand the 'right to hope' is being talked about, on the other hand, severe isolation is being applied. Meeting with a family member or a lawyer a few times in 2-3 years does not mean that the isolation is lifted."

 

Zeynep Karayılan continued as follows: "There are thousands of prisoners serving aggravated life sentences. The conditions of conditional release must be reorganised. This would create a positive atmosphere in both national and international politics and law. Isolation is our main agenda as ÖHD, since there is a great unlawfulness, it is mostly up to us to fight against it. The struggle must not be left to prisoners' relatives or organisations, everyone should feel responsible and fight."

 

MA / Müjdat Can